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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Vocational Education and Training Amendment
Bill 2023
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 58G amended 2
5. Section 58 amended 2
6. Section 60J inserted 3
60J. Delegation by chief executive 3
7. Schedule 2 amended 3
2. Provisions relating to Vocational
Education and Training Amendment
Act 2023 3
129--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Vocational Education and Training Amendment
Bill 2023
A Bill for
An Act to amend the Vocational Education and Training Act 1996.
The Parliament of Western Australia enacts as follows:
page 1
Vocational Education and Training Amendment Bill 2023
s. 1
1 1. Short title
2 This is the Vocational Education and Training Amendment
3 Act 2023.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent (assent day);
8 (b) sections 3 to 5 and 7 -- on the day after assent day;
9 (c) the rest of the Act -- on a day fixed by proclamation.
10 3. Act amended
11 This Act amends the Vocational Education and Training
12 Act 1996.
13 4. Section 58G amended
14 Delete section 58G(2) and insert:
15
16 (2) An appeal can only be made on the ground that, in
17 making the decision appealed against, the Council was
18 required to apply a guideline issued to the Council
19 under section 13 or a criterion prescribed under
20 section 58(c) and the Council erred in its application
21 of, or failed to apply, the guideline or criterion.
22
23 5. Section 58 amended
24 In section 58(c) delete "account when deciding an application
25 made to it;" and insert:
26
27 account, or must apply, when making a decision;
28
page 2
Vocational Education and Training Amendment Bill 2023
s. 6
1 6. Section 60J inserted
2 At the beginning of Part 7 Division 4 insert:
3
4 60J. Delegation by chief executive
5 (1) The chief executive may delegate to a person any
6 power or duty of the chief executive under this Part or
7 regulations made for the purposes of this Part.
8 (2) The delegation must be in writing signed by the chief
9 executive.
10 (3) A person to whom a power or duty is delegated under
11 this section cannot delegate that power or duty.
12 (4) A person exercising or performing a power or duty that
13 has been delegated to the person under this section is
14 taken to do so in accordance with the terms of the
15 delegation unless the contrary is shown.
16 (5) Nothing in this section limits the ability of the chief
17 executive to perform a function through an officer or
18 agent.
19
20 7. Schedule 2 amended
21 At the end of Schedule 2 insert:
22
23 2. Provisions relating to Vocational Education and Training
24 Amendment Act 2023
25 (1) In this clause --
26 commencement day means the day on which the Vocational
27 Education and Training Amendment Act 2023 section 4
28 comes into operation.
page 3
Vocational Education and Training Amendment Bill 2023
s. 7
1 (2) The amendment made by the Vocational Education and
2 Training Amendment Act 2023 section 4 applies in relation
3 to an appeal --
4 (a) commenced on or after commencement day; or
5 (b) commenced before commencement day but not
6 determined before that day.
7
8
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