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Victorian Qualifications Authority
(Amendment) Bill
Victorian Legislation and Parliamentary Documents
Circulation Print
EXPLANATORY MEMORANDUM
Clause 1 sets out main purpose of the Act, which is to make amendments
to the Victorian Qualifications Act 2000.
Clause 2 provides that sections 1, 2 and 12 of the Act will come into
operation on the day after the Act receives the Royal Assent and
the remaining sections will come into operation on 1 January
2004.
Clause 3 inserts a definition of "higher education award" into the
Victorian Qualifications Authority Act 2000 to mirror the
meaning of that term as used in the Tertiary Education Act
1993.
Clause 4 amends the wording of section 6(1)(d) and (e) of the Victorian
Qualifications Authority Act 2000 to reflect the role of the
Authority in awarding qualifications.
Clause 5 inserts section 8(4) into the Victorian Qualifications Authority
Act 2000 include a provision that was in the former Board of
Studies Act 1993 and which provided that the Minister may not
provide the Authority with direction in relation to any particular
student about the award or issue of qualifications.
Clause 6 substitutes a new section 10(3) in the Victorian Qualifications
Authority Act 2000 dealing with remunerating members of the
Victorian Qualifications Authority) to provide the same terms
and conditions and payments that apply to the Victorian
Curriculum and Assessment Authority and Victorian Learning
and Employment Skills Commission.
Clause 7 substitutes a new section 16(3) in the Victorian Qualifications
Authority Act 2000 to enable the Victorian Qualifications
Authority to delegate by instrument under its common seal
certain powers to registered education and training organisations
that have been approved by the Authority as fit and competent to
exercise those powers.
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Clause 8 amends section 20(2) of the Victorian Qualifications Authority
Act 2000 to provide that the Victorian Qualifications Authority
may amend the register of providers to extend their scope of
Victorian Legislation and Parliamentary Documents
registration.
Clause 9 makes a consequential amendment to repeal section 21(5) of the
Victorian Qualifications Authority Act 2000.
Clause 10 amends section 23 of the Victorian Qualifications Authority
Act 2000 to provide that existing registered providers can apply
to have their scope of registration amended. It also inserts a new
section 23(4A) that allows the Authority to consider the fitness of
a provider in addition to the existing matters in section 23(4).
Clause 11 inserts a new section 23A in the Victorian Qualifications
Authority Act 2000 to describe the circumstances in which the
Authority can delegate the powers of accreditation or extension
of scope of registration to a registered education and training
organisation.
Clause 12 inserts a new section 24A in the Victorian Qualifications
Authority Act 2000 to enable the Authority to cancel or alter a
statement or other document that it has issued if it receives advice
from the Victorian Curriculum and Assessment Authority that the
records of a student's assessment have been altered. The section
also allows the Authority to issue a new statement.
Clause 13 amends section 27 of the Victorian Qualifications Authority
Act 2000 to enable the Authority to have regard to the suitability
of a course for students from overseas when approving a person
or body to provide that course.
Clause 14 is a consequential amendment repealing section 34(1)(a) that
empowered the Governor in Council to make regulations make
about fees.
Clause 15 inserts section 35A in the Victorian Qualifications Authority
Act 2000 to provide for the setting of fees by Ministerial Order.
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