Student Identifiers (Exemptions) Amendment Instrument 2016 [F2016L02003]-Response required [2017] AUSStaCSDLM 23 (8 February 2017)

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Instrument	Student Identifiers (Exemptions) Amendment Instrument 2016 [F2016L02003]
Purpose	Extends an exemption allowing registered training organisations to issue vocational educational and training qualifications or statements of attainment to individuals without a student identifier
Last day to disallow	9 May 2017
Authorising legislation	Student Identifiers Act 2014
Department	Education and Training
Scrutiny principle	Standing Order 23(3)(d)

Matter more appropriate for parliamentary enactment

Scrutiny principle 23(3)(d) of the committee's terms of reference requires the committee to consider whether an instrument contains matters more appropriate for parliamentary enactment (that is, matters that should be enacted via primary rather than delegated legislation). This may include instruments which extend relief from compliance with principal legislation.

This instrument extends a current exemption for a further year to 1 January 2018 for registered training organisations who deliver vocational educational and training (VET) courses that last one day or less to issue VET qualifications, or VET statements of attainment, to individuals without a student identifier.

The ES for the instrument states:

Subsection 53(1) of the Act [Student Identifiers Act 2014] specifies that a registered training organisation must not issue a VET qualification or a VET statement of attainment to an individual unless the individual has been assigned a student identifier. Subsection 53(2) of the Act specifies that subsection 53(1) does not apply to an issue specified by the Minister under subsection 53(3).
Subsection 6(4) of the Principal Instrument [Student Identifiers Regulation 2014] contains an exemption to this requirement that allows registered training organisations who deliver VET courses that last one day or less, to issue a VET qualification or VET statement of attainment to individuals who are unable to obtain a student identifier before the completion of the VET course. This exemption is limited in duration and was due to expire on 1 January 2016.
Registered training organisations caught by the exemption requested that the exemption be extended. The Student Identifiers (Exemptions) Amendment Instrument 2015 (No. 2) extended this exemption for a year to 1 January 2017.

Given the unchanged purpose of the exemption, it appears that the instrument may be addressing an unintended consequence of the operation of the provisions of the Student Identifiers Act 2014 concerning the issuance of VET qualifications.

The committee generally prefers that exemptions are not used or do not continue for such time as to operate as de facto amendments to principal legislation (in this case the Student Identifiers Act 2014). However, no information is provided in the ES as to why the exemption has been re-made rather than seeking to amend the relevant VET qualifications provisions of the Student Identifiers Act 2014.

The committee requests the advice of the minister in relation to the above.