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This is a Bill, not an Act. For current law, see the Acts databases.
TERTIARY ACCREDITATION AND REGISTRATION BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Education, Youth and Family
Services)
Tertiary
Accreditation and Registration Bill 2003
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Education, Youth and Family
Services)
Tertiary
Accreditation and Registration Bill 2003
A Bill for
An Act about tertiary accreditation and registration, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Tertiary Accreditation and Registration Act
2003.
This Act commences on 1 July 2003.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
The purpose of this Act is to establish an accreditation and registration
framework for vocational education and training and higher education, in
particular by applying nationally agreed protocols and standards.
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain words
and expressions used in this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
6 Offences
against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this
Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
Chapter
2 Accreditation and registration
council
Part
2.1 Establishment, functions and
membership of council
7 Establishment
of council
The Accreditation and Registration Council (the council) is
established.
(1) The council has the following functions:
(a) to advise the Minister about—
(i) accreditation of vocational education and training courses and higher
education courses; and
(ii) the registration of vocational education and training organisations
and higher education providers; and
(iii) improving the quality of vocational education and training and
higher education;
(b) to accredit vocational education and training courses and higher
education courses;
(c) to register vocational education and training organisations and higher
education providers;
(d) in association with the vocational education and training authority,
to facilitate recognition and quality assurance in the provision of vocational
education and training;
(e) to promote consistent national standards for—
(i) registration of vocational education and training organisations and
higher education providers; and
(ii) accreditation of vocational education and training courses and higher
education courses; and
(iii) the issue of qualifications and higher education awards;
(f) to inquire into, and advise the Minister on, issues about vocational
education and training and higher education.
(2) The council may exercise any other function given to it under this Act
or another Territory law.
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1, def
entity).
9 Ministerial
directions to council
(1) The Minister may, in writing, give the council a direction in relation
to the exercise of its functions, but not about advising the Minister or
reporting under the Annual Reports (Government Agencies) Act 1995,
section 8.
(2) The council must comply with a direction under this section.
(3) A direction under this section is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
The council may delegate the exercise of its functions to—
(a) a council member; or
(b) a committee of the council; or
(c) a council staff member; or
(d) a person or committee prescribed under the regulations.
Note 1 For the making of delegations and the exercise of delegated
functions, see Legislation Act, pt 19.4.
Note 2 If a law authorises or requires a body to exercise a
function, it may do so by resolution, see Legislation Act, s 199.
11 Council
to have regard to authority’s views
In exercising its functions, the council must have regard to the views of
the authority about vocational education and training.
(1) The council consists of the following members:
(a) a chairperson;
(b) 4 people with expertise in vocational education and
training;
(c) 2 people with expertise in higher education;
(d) 1 person appointed, after consultation with employer organisations, to
represent the interests of employers;
(e) 1 person appointed, after consultation with the trades and labour
council, to represent the interests of employees;
(f) 1 person who, in the Minister’s opinion, represents the
interests of providers of industry training advisory services;
(g) 1 person nominated by the authority to represent the interests of the
authority;
(2) A member of the authority may be a member of the council.
(3) The Minister must appoint the council members.
Note 1 For the making of appointments generally, see Legislation
Act, div 19.3.
Note 2 Certain statutory appointments made by a Minister require
consultation with a Legislative Assembly committee and are disallowable (see
Legislation Act, div 19.3.3).
Note 3 A power to appoint a person to a position includes power to
appoint a person to act in the position (see Legislation Act,
s 209).
13 Ending
appointment of council member
(1) The Minister must end the appointment of a council member if the
Minister becomes aware that the member—
(a) has failed to comply with section 14 (Disclosure of interests by
council members) without reasonable excuse; or
(b) has at any time been convicted, in Australia or elsewhere, of an
offence punishable by imprisonment for at least 1 year.
(2) The Minister may end the appointment of a council
member—
(a) if the member is absent from 3 consecutive meetings of the council
other than on leave approved by the Minister; or
(b) for members mentioned in section 12 (1) (d) to (g)—if the
Minister is satisfied that the member is no longer an appropriate person to
represent the relevant interests; or
(c) for misbehaviour or physical or mental incapacity, if the incapacity
affects the exercise of the member’s functions; or
(d) if the member becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors, compounds with creditors or
makes an assignment of remuneration for the benefit of creditors.
Note A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
14 Disclosure
of interests by council members
(1) A council member who has a relevant interest in an issue being
considered, or about to be considered by the council must, as soon as
practicable after the relevant facts have come to the council member’s
knowledge, disclose the nature of the interest at a meeting of the
council.
(2) The disclosure must be recorded in the council’s minutes and,
unless the council otherwise decides, the council member must
not—
(a) be present when the council considers the issue; or
(b) take part in a decision of the council on the issue.
(3) Any other council member who also has a relevant interest in the issue
must not—
(a) be present while the council is considering whether to make a decision
under subsection (2); or
(b) take part in the decision.
(4) In this section:
relevant interest, in an issue, means a direct or indirect
financial interest in the issue.
15 Reporting
of disclosed interests to Minister
(1) Within 14 days after the day the disclosure of an interest under
section 14 (1) is made, the council chairperson must report to the
Minister in writing about—
(a) the disclosure; and
(b) the nature of the interest disclosed; and
(c) any decision by the council under section 14 (2).
(2) The council chairperson must give to the Minister, by 31 July in each
year, a statement that sets out the information given to the Minister in reports
under subsection (1) that relate to disclosures made during the previous
financial year.
(3) The Minister must give a copy of the statement to the relevant
committee of the Legislative Assembly within 14 days after the day the Minister
receives the statement.
(4) In this section:
relevant committee means—
(a) the standing committee of the Legislative Assembly nominated by the
Speaker for subsection (3); or
(b) if no nomination under paragraph (a) is in effect—the standing
committee of the Legislative Assembly responsible for public accounts.
16 Reimbursement
for council members
The Territory must reimburse a council member for expenses reasonably
incurred in the exercise of the member’s functions.
(1) The council may make arrangements with the chief executive to use
public servants in the administrative unit under the chief executive’s
control.
(2) The Public Sector Management Act 1994 applies to the management
by the council of public servants the subject of an arrangement under subsection
(1).
18 Annual
report by council
A report prepared by the council for the Annual Reports (Government
Agencies) Act 1995, section 8 must include, for the reporting period,
details of any direction under section 9 (Ministerial directions to council)
given during the period and the way the direction was given
effect.
Part
2.2 Proceedings of
council
19 Calling
council meetings
(1) The council meets at the times and places the council chairperson
decides.
(2) The council chairperson must ensure that council members have
reasonable notice of meetings.
(1) The council chairperson presides at meetings of the council.
(2) However, if the chairperson is absent from a meeting, the members
present may elect a member to preside at the meeting.
(3) Business may be carried on at a council meeting only if at least
5 council members are present, including—
(a) the member mentioned in section 12 (1) (d); and
(b) the member mentioned in section 12 (1) (e).
(4) A question arising at a meeting may be decided by a majority of the
votes of members present and voting.
(5) If the votes of the council on a question are equally divided, the
decision of the member presiding is the decision of the council on the
question.
(6) The council may decide its own procedure in relation to anything for
which a procedure is not provided under this Act.
(7) The council must keep minutes of its meetings.
Part
2.3 Council
committees
21 Establishment
of committees
The council may establish committees to help the council in the exercise of
its functions.
22 Exercise
of committee functions
(1) The council may decide—
(a) how a committee is to exercise its functions; and
(b) the procedure to be followed for meetings of the committee,
including—
(i) the calling of meetings; and
(ii) the number of committee members to be present at meetings (including
requirements that particular members be present); and
(iii) the committee member who is to preside at meetings; and
(iv) how questions arising at a meeting are to be decided; and
(v) the keeping of minutes of meetings.
(2) Subject to any decision of the council under subsection (1), a
committee may decide its own procedures.
23 Membership
of committees
(1) A committee consists of the people appointed by the council.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see
s 207).
(2) A committee may consist completely or partly of council
members.
24 Reimbursement
for committee members
(1) A committee member is not entitled to be paid for the exercise of the
member’s functions.
(2) However, the Territory must reimburse a committee member for expenses
reasonably incurred in the exercise of the member’s functions.
(3) This section does not apply to a committee member who is also a
council member.
Part
2.4 Compliance
audits
25 Audit
of training organisations and higher education providers
The council may at any time conduct a compliance audit of—
(a) a training organisation or higher education provider registered by the
council, or that has applied to the council for registration; or
(b) any of the operations of the organisation or provider in the ACT or
elsewhere.
Note For visits to premises, see pt 6.1.
26 Audit
of RTO registered by another registering body
(1) This section applies in relation to—
(a) an RTO registered by a registering body other than the council (the
other registering body); and
(b) any of the RTO’s operations in the ACT.
(2) The council may conduct a compliance
audit of the RTO if—
(a) the council—
(i) suspects on reasonable grounds that the RTO has contravened the RTO
standards; and
(ii) has advised the other registering body of the suspected
contravention; and
(b) the other registering body—
(i) within 30 days after the day it receives the advice, fails to take
steps to deal with the suspected contravention to the satisfaction of the
council; or
(ii) at any time advises the council that it does not propose to take any
step or further step to deal with the suspected contravention.
(1) The council must conduct a compliance audit of a training organisation
or higher education provider using the relevant RTO standards and higher
education standards.
(2) A failure to comply with subsection (1) is of no effect if the
failure—
(a) does not substantially affect the outcome of the audit; or
(b) arises out of inconsistency between the standards mentioned in
subsection (1) and the legislation of the particular jurisdiction in relation to
which the failure arises.
28 Powers
not limited by compliance audit provisions
This part does not limit the power of the council or any other registering
body to inquire into the activities of a training organisation or higher
education provider.
Chapter
3 Vocational education and
training
This chapter applies to the provision of vocational education and training
and assessments for qualifications and statements of attainment.
Part
3.2 National
register
30 Registration
and national effect of registration
For this chapter, a person or matter is registered if details of the
person or matter are recorded on the national register—
(a) for this chapter—by the council; or
(b) for a corresponding law—by another registering body, or by a
body equivalent to the council in another jurisdiction that is responsible for
the administration of the accreditation of courses of vocational education
(however described) under the corresponding law; or
(c) for this chapter or a corresponding
law—by ANTA or another entity.
Part
3.3 Registered training
organisations
31 Scope
of registration of RTO
For this Act, an RTO’s scope of registration consists
of the qualifications, statements of attainment or units of competency for which
the RTO is registered to provide training or assessments.
32 Applying
in the ACT for registration as RTO
(1) A person may apply to the council for registration as a training
organisation.
Note If a form is approved under s 112 (Approved forms) for an
application, the form must be used.
(2) The applicant must give the council any information required by it to
decide the application.
33 Decision
about registration as RTO
(1) On an application for registration, the council must register the
applicant as a training organisation, or refuse to do so.
(2) In deciding the application, the council must apply the RTO
standards.
(3) The council may register the applicant only if—
(a) on registration under the application, the applicant will not
otherwise be registered as a training organisation by any other registering
body; and
(b) the council considers that the applicant’s main place of
business is, or all or most of its operations will be conducted, in the ACT;
and
(c) a compliance audit has been conducted of the applicant that shows that
the applicant complies with the RTO standards (other than the legislative
compliance standard).
Note Section 27 (Conduct of audit) prescribes a requirement for an
audit mentioned in s (3) (c).
(4) Subsection (3) (c) does not apply to an application,
if—
(a) the application is made by an RTO registered by another registering
body; and
(b) the council is satisfied that there are no outstanding audit
compliance failures for the RTO; and
(c) the RTO has received a notice from the other registering body under a
corresponding law for section 39 (Cancelling RTO registration on change of
location of operations); and
(d) the applicant does not seek an amendment of the RTO’s existing
scope or conditions of registration.
(5) Subsections (2) and (3) do not limit the grounds on which the council
may decide not to register an applicant.
(6) The council may impose conditions on the registration of the applicant
as a training organisation.
Example
a condition that the RTO delivers a nationally recognised course
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(7) A condition imposed under subsection (6)—
(a) must apply in every jurisdiction, that is, it may not be limited in
effect to a particular place or jurisdiction, unless the contrary intention
appears; and
(b) must be consistent with this chapter
and the RTO standards.
Note For conditions to which an RTO is subject under this chapter,
see s 35 (Registration conditions—RTO).
(8) If the council decides to register an applicant, it
must—
(a) register the applicant as a training organisation; and
(b) register details of the applicant’s scope of
registration.
(9) The council must comply with subsection (8)—
(a) immediately after approving the application; or
(b) if the application is made in conjunction with an application for the
cancellation of a training organisation’s registration under a
corresponding law for section 39 (Cancelling RTO registration on change of
location of operations)—immediately after the cancellation under the
corresponding law is registered by the other registering body.
34 Decision
about registration—registration as RTO previously
cancelled
(1) Despite section 33, the council must refuse to register an applicant
as a training organisation if—
(a) the applicant, or an associate of the applicant, has previously been
registered as a training organisation; and
(b) the registration of the training organisation was cancelled (other
than on the application of the training organisation) less than 12 months before
the day the application for registration is made.
(2) In this section:
associate—a person is an associate of
someone else in relation to a training organisation if the person can, or will
be able to, have a significant influence over, or in relation to, the carrying
out of the operations of the training organisation.
35 Registration
conditions—RTO
(1) Registration of an RTO under section 33 (Decision about registration
as RTO) is subject to—
(a) conditions imposed under subsection (2) ; and
(b) conditions imposed—
(i) under section 33 (6) or 38 (2) (Amending, suspending or
cancelling registration without application); or
(ii) by another registering body under a corresponding law for section 38
(2) (a).
(2) The following conditions of registration are imposed on an RTO
registered under section 33 (Decision about registration as RTO):
(a) the RTO must comply with requirements
stated to apply to an RTO under the RTO standards;
(b) the RTO must, as far as practicable, give notice to the council of
proposals for the following matters before they happen:
(i) any substantial change to the RTO’s control, management or
operations;
(ii) any matter that the RTO must give notice of to the council under the
RTO standards;
(c) the RTO must give notice to the council of a matter mentioned in
paragraph (b) immediately after it happens;
(d) the RTO—
(i) must submit to any compliance audit conducted by the council;
and
(ii) if a compliance audit shows that the RTO does not comply with the RTO
standards (other than any legislative compliance standard)—must take all
necessary steps to comply;
(e) the RTO must submit to any compliance audit conducted by another
registering body under a corresponding law for section 26 (Audit of RTO
registered by another registering body);
Note Section 27 (Conduct of audit) prescribes a requirement for a
compliance audit mentioned in s (2) (c) and (d).
(f) the RTO must not contravene a provision of this Act or a corresponding
law;
(g) the RTO must give to the council any information about any of its
operations required by the council;
(h) the RTO must give to the council any information required by the
council about a condition of registration imposed under section 38 (Amending,
suspending or cancelling RTO registration without application);
(i) the RTO must give to another registering body any information required
by the other registering body about a condition of registration imposed by the
registering body under a corresponding law for section 38 (2) (a).
(3) A condition to which an RTO is subject under this section applies to
the operations of the RTO in every jurisdiction, unless the contrary intention
appears.
(4) An RTO must not contravene a condition of its registration.
Note For effect of noncompliance with a condition, see s
38 (2).
(5) A condition to which an RTO registered by another registering body is
expressed to be subject in the Territory under a corresponding law has effect
for the Territory.
36 Period
of registration—RTO
The registration of an RTO may be for a period of up to 5 years, and may be
renewed if application for renewal is made at least 6 months before the day the
registration ends.
37 Amending
registration on application by RTO
(1) On application by an RTO that was registered by it, the council must
amend the RTO’s registered details, or refuse to do so.
Note If a form is approved under s 112 (Approved forms) for an
application, the form must be used.
(2) If the application is to amend the RTO’s scope or conditions of
registration, the RTO must give the council any information required by it to
decide the application.
(3) For an application mentioned in subsection (2), section 33 (Decision
about registration as RTO) applies as if it were an application under that
section, subject to the following:
(a) section 33 (3) (a) is not
relevant;
(b) section 33 (3) (b) applies in relation to the scope or
conditions of registration, as amended in accordance with the
application;
(c) section 33 (3) (c) only requires a compliance audit to the
extent that an audit is relevant to the amendment.
(4) On application by an RTO for the cancellation of registration, other
than an application to which section 39 (1) (Cancelling RTO registration on
change of location of operations) applies, the council must cancel the
registration of the RTO.
38 Amending,
suspending or cancelling RTO registration without
application
(1) An object of this section is to ensure that, of all registering
bodies, the registering body that registers an RTO has the primary
responsibility to take action against the RTO if a ground mentioned in
subsection (3) arises.
(2) On 1 or more of the grounds mentioned in subsection (3), the council
may on its own initiative—
(a) amend the scope or conditions of registration of an RTO that was
registered by another registering body, but only to impose a restriction
applying in the ACT; or
(b) amend the scope or conditions of registration of an RTO that was
registered by it, including by imposing a restriction applying in the ACT or
another jurisdiction; or
(c) suspend the registration, or part of the scope of registration, of an
RTO that was registered by it, by imposing a prohibition applying in the ACT or
another jurisdiction while the suspension is in force; or
(d) cancel the registration of an RTO that was registered by it.
(3) The grounds are as follows:
(a) the registration, or the part of the scope of registration, was
obtained because of incorrect or misleading information;
(b) the RTO has contravened a condition of registration.
(4) The council must not impose a restriction under subsection
(2) (a) unless the registering body that registered the
RTO—
(a) fails to take any step to deal with the matter to which the grounds
relate within 30 days after the day the matter comes to its attention;
or
(b) fails, after taking any step to deal with the matter to which the
grounds relate, to take another step within 30 days.
(5) Subsection (4) does not apply if the council is relying on a ground
established by a compliance audit.
(6) Also, subsection (4) does not stop the council, before the end of a
30-day period mentioned in the subsection, taking all steps necessary to impose
a restriction immediately after, or at any time after, the period has
ended.
(7) If a restriction or prohibition imposed under subsection (2) (a),
(b) or (c) relates to a particular place or jurisdiction, it may only be imposed
because of a particular fact situation that has arisen in the place or
jurisdiction.
(8) Also, a restriction or prohibition imposed under subsection
(2) (a), (b) or (c) must be consistent with this chapter and the RTO
standards.
(9) Before cancelling the registration of an RTO under
subsection (2) (d), the council must consult the registering bodies of
each other jurisdiction where the RTO is operating.
(10) Failure to comply with subsection (9) does not affect a cancellation
of the registration of an RTO.
39 Cancelling
RTO registration on change of location of operations
(1) On the grounds that an RTO does not have its main place of business,
and does not conduct all or most of its operations, in the ACT, the council may
cancel the RTO’s registration—
(a) on application by the RTO; or
(b) on its own initiative.
(2) The council must give notice to the RTO at least 30 days before
cancelling the registration.
(3) If, before the end of the period mentioned in subsection (2), the RTO
makes an application to another registering body for registration as a training
organisation (the transfer application), the council must not
cancel the registration of the RTO until the transfer application is
decided.
(4) Subsection (3) does not apply if the council is satisfied that the RTO
is not acting honestly in relation to the transfer application.
40 Effect
of suspending RTO registration
(1) This section applies if a prohibition is imposed on an RTO under
section 38 (2) (c) (Amending, suspending or cancelling RTO
registration without application).
(2) Subject to section 41 (3) (Suspension of registration—training
or assessment previously agreed), a person must not do anything for any of the
following purposes in relation to training or an assessment that is the subject
of the prohibition:
(a) recruitment or enrolment;
(b) soliciting or accepting any consideration for recruitment or
enrolment;
(c) starting or providing the training or assessment;
(d) issuing any qualification or statement of attainment in relation to
the training or assessment, unless the training or assessment was completed
before the prohibition.
Maximum penalty: 50 penalty units.
(3) An offence against this section is a strict liability
offence.
41 Suspension
of registration—training or assessment previously
agreed
(1) This section applies to an RTO if—
(a) a prohibition is imposed on the RTO under section 38 (2) (c)
(Amending, suspending or cancelling RTO registration without application);
and
(b) before the prohibition took effect, the RTO entered into an agreement
to provide training or an assessment to a person that the RTO would be
prohibited from providing if it were not for this section; and
(c) the council approves the training or assessment under subsection
(2).
(2) On application by the RTO, the council may approve the provision of
training or assessment under the agreement for a period ending no later than 12
months after the prohibition started, unless the council considers that there
are circumstances justifying the refusal of the application.
Example of circumstance
danger of injury to anyone’s health or safety
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) The prohibition is taken not to have effect during the period stated
in the approval for the purposes only of enabling the RTO to—
(a) provide the training or assessment; or
(b) issue a qualification or statement of attainment in relation to the
training or assessment.
(4) Section 40 (2) does not apply in relation to the training or
assessment, subject to subsection (6).
(5) The council may, in exceptional circumstances, direct the RTO to
immediately stop conducting the operations mentioned in
subsection (3).
Example of exceptional
circumstance
danger of injury to anyone’s health or safety
(6) If the council gives a direction to the RTO under subsection
(5)—
(a) the effect of the prohibition is taken to start again from the day
after the day the direction is given; and
(b) in particular, section 40 (2) applies in relation to the training and
assessment.
42 Cancellation
of registration—training or assessment previously
agreed
(1) This section applies to an RTO if—
(a) the council cancels its registration; and
(b) before the cancellation took effect, the RTO entered into an agreement
to provide training or an assessment to a person; and
(c) the council approves the training or assessment under subsection
(2).
(2) On application by the RTO, the council may approve the provision of
training or assessment under the agreement for a period ending no later than 12
months after the cancellation, unless the council considers that there are
circumstances justifying the refusal of the application.
Example of circumstance
danger of injury to anyone’s health or safety
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) The registration of the RTO is taken to continue during the period
stated in the approval for the purposes only of enabling the RTO
to—
(a) provide the training or assessment; or
(b) issue any qualification or statement of attainment in relation to the
training or assessment.
(4) The council may, in exceptional circumstances, direct the RTO to
immediately stop conducting the operations mentioned in
subsection (3).
Example of exceptional
circumstance
danger of injury to anyone’s health or safety
(5) If the council gives a direction to the RTO under subsection (4) the
RTO’s registration is taken to be cancelled for all purposes from the day
after the day the direction is given.
43 Registration
of amendment, end of registration etc.
If the registration of an RTO is amended or the registration ends (whether
by expiry or cancellation), the council must amend the national register as
follows:
(a) for an amendment of the scope or details of registration, other than
an amendment of the conditions of registration—record details of the
amendment;
(b) for the end of registration—remove the registered details of the
RTO.
44 Offence
to falsely claim to be RTO etc
(1) A person who is not an RTO commits an offence if the person claims to
be an RTO.
Maximum penalty: 50 penalty units.
(2) A person who is not, or is not acting for, an RTO operating within the
RTO’s scope of registration commits an offence if the
person—
(a) claims that the person can issue, or purports to issue, a
qualification or statement of attainment; or
(b) claims that the person can provide, or purports to provide, training
or assessments resulting in the issue of a qualification or statement of
attainment.
Maximum penalty: 50 penalty units.
(3) A person commits an offence if—
(a) the person claims that the person can provide training resulting in
the issue of a qualification or statement of attainment by someone else;
and
(b) the claim is not correct because—
(i) the first person cannot provide that training; or
(ii) the other person cannot issue the qualification or statement of
attainment.
Maximum penalty: 50 penalty units.
(4) For this section, a person claims to be an RTO or claims that the
person can do a particular thing if the person—
(a) makes that claim; or
(b) says or does anything likely to induce someone else to believe the
person is an RTO or can do the particular thing.
(5) This section does not apply to a registering body.
(6) An offence against this section is a strict liability
offence.
Part
3.4 National scheme—compliance
and information
45 Function
may be used to support national scheme
(1) This section applies to a person who, apart from this section, may
exercise a function under this chapter in relation to an RTO or an applicant for
registration under section 33 (Decision about registration as RTO).
(2) The person may also exercise the same kind of function in the
ACT—
(a) at the request of the council—for inquiries into whether an RTO
registered by another registering body is complying with this chapter or a
corresponding law; or
(b) at the request of another registering body—for a compliance
audit that is being conducted under a corresponding law in relation
to—
(i) an RTO registered by the other registering body; or
(ii) an applicant for registration by the other registering body under a
corresponding law for section 33.
(3) Subsection (2) does not limit the person’s functions.
46 Information
may be made available to other registering bodies
(1) The council may disclose to another registering body information it
has about, or arising from, the following:
(a) an application for registration as a training organisation;
(b) an RTO’s registration;
(c) a compliance audit conducted by the council;
(d) action taken by the council in relation to an RTO;
(e) the exercise of a function by a person at the request of another
registering body.
(2) A person disclosing information under subsection (1) or under a
corresponding law for subsection (1) does not contravene an obligation not to
disclose the information, whether imposed by a law in force in any jurisdiction
or by another rule of law.
Part
3.5 Accredited
courses—vocational education
47 Applying
in the ACT for accreditation—vocational course
(1) A person may apply to the council to have a vocational educational and
training course accredited.
Note If a form is approved under s 112 (Approved
forms) for an application, the form must be
used.
(2) The applicant must give the council any
information required by it to decide the application.
48 Decision
about accreditation—vocational course
(1) On an application to have a vocational educational and training course
accredited under this part, the council must accredit the course or refuse to do
so.
(2) In deciding the application, the council must apply the standards for
accreditation of courses.
(3) Subsection (2) does not limit the grounds on which the council may
refuse to accredit the course.
(4) If the council decides to accredit the course, it must register the
course as an accredited course.
49 Expert
committee for pt 3.5
(1) The council must establish a committee under part 2.3 (Council
committees) to help the council in deciding an application to accredit a course
under this part.
(2) The committee must include as members people who are, in the
council’s opinion—
(a) qualified in the area of study of the course; and
(b) qualified to assess—
(i) the educational and management capacity of the proposed provider of
the course; and
(ii) the suitability of the course and of the proposed methods of delivery
of the course.
50 Period
of accreditation—vocational course
Accreditation of a vocational educational and training course may be for a
period of up to 5 years, and may be renewed if application for renewal is made
at least 6 months before the day the accreditation ends.
51 Cancelling
accreditation—vocational course
The council may cancel the accreditation of a vocational education and
training course that has been accredited by the council, on 1 or more of the
following grounds:
(a) the course does not meet the standards for accreditation of courses;
(b) the course provider does not have the educational or management
capacity to provide the course;
(c) the method of delivery is not suitable for the course.
52 Cancellation
of accreditation—vocational course previously agreed
(1) This section applies to a vocational educational and training course
being provided by a person if—
(a) the council cancels the accreditation of the course; and
(b) before the cancellation took effect, the person entered into an
agreement to provide the course to someone else; and
(c) the council approves the provision of the course under subsection
(2).
(2) On application by the person, the council may approve the provision of
the course under the agreement for a period ending no later than 12 months after
the cancellation, unless the council considers that there are circumstances
justifying the refusal of the application.
Example of circumstance
danger of injury to anyone’s health or safety
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) The accreditation of the course is taken to continue during the period
stated in the approval for the purposes only of enabling the person
to—
(a) provide the course; or
(b) issue any qualification or statement of attainment in relation to the
course.
(4) The council may, in exceptional circumstances, direct the person to
immediately stop conducting the operations mentioned in
subsection (3).
Example of exceptional
circumstance
danger of injury to anyone’s health or safety
(5) If the council gives a direction to a person under subsection (4), the
accreditation of the course is taken to be cancelled for all purposes from the
day after the day the direction is given.
53 Registering
end of accreditation
If the accreditation of a vocational educational and training course ends
(whether by expiry or cancellation), the council must remove the details of the
course from the national register.
54 Offence
to falsely claim vocational education course accredited
(1) A person commits an offence if the person—
(a) either—
(i) claims to provide an accredited course; or
(ii) claims to provide, or provides, a course under a title or description
that is substantially the same as that of any course listed in the AQF as a
vocational education and training course; and
(b) the course is not an accredited course.
Maximum penalty: 50 penalty units.
(2) For subsection (1), a person claims to provide an accredited course if
the person—
(a) makes that claim; or
(b) claims to provide a course that purports to be an accredited course;
or
(c) says or does anything likely to induce someone else to believe a
course the person is providing is accredited.
(3) An offence against this section is a strict liability
offence.
Part
3.6 Disagreements under
chapter 3
55 Disagreement
with decision of council under s 33 or s 48
(1) This section applies if an applicant disagrees with a decision of the
council in relation to an application for—
(a) registration as a training organisation under section 33 (Decision
about registration as RTO); or
(b) accreditation of a vocational education and training course under
section 48 (Decision about accreditation—vocational education course);
or
(2) The applicant may, within 14 days after the day the applicant is
notified of the decision under section 105 (Notice of reviewable decisions), ask
the council to refer the disagreement to a committee for resolution.
(3) As soon as practicable after receiving the request for referral, the
council must refer the disagreement to a committee.
(4) Within 28 days after the day the committee receives the referral, the
committee must attempt to resolve the disagreement and report to the council
about the outcome.
Chapter
4 Higher
education—non-universities
This chapter applies to the provision, by providers other than
universities, of higher education courses leading to higher education
awards.
57 ACT
register of higher education providers
(1) The council must establish and maintain a register to be known as the
ACT register of higher education providers.
(2) For this chapter, a person or matter is registered if details of the
person or matter are recorded on the register.
Part
4.3 Registered higher education
providers
58 Scope
of registration of higher education provider
For this Act, a higher education provider’s scope of
registration consists of—
(a) the courses the person is registered to provide; and
(b) the higher education awards for which the person is registered to
provide courses.
59 Application
for registration as higher education provider
(1) A person may apply to the council for registration as a higher
education provider.
Note If a form is approved under s 112 (Approved forms) for an
application, the form must be used.
(2) The applicant must give the council any information required by it to
decide the application.
60 Decision
about registration as higher education provider
(1) On an application for registration, the council must register the
applicant as a higher education provider, or refuse to do so.
(2) In deciding the application, the council must apply the higher
education standards.
(3) The council may register the applicant only if—
(a) a compliance audit has been conducted of the applicant that shows that
the applicant complies with the higher education standards (other than any
legislative compliance standard); or
(b) if the applicant is recognised in a foreign country as a higher
education provider—
(i) the authority in that country that recognised the applicant is, in the
Minister’s opinion, the competent authority for the purpose; and
(ii) the Minister is reasonably satisfied that the applicant complies with
the higher education standards.
(4) In deciding the application, the council may consult with relevant
people or professional or industry bodies and any committee established by the
council for section 62 (Expert committee for pt 4.3).
(5) The council may impose conditions on the registration of the applicant
as a higher education provider.
(6) A condition must be consistent with this chapter and the national
protocols.
(7) If the council decides to register the applicant, it
must—
(a) register the applicant as a registered higher education provider;
and
(b) register details of the applicant’s scope of
registration.
61 Decision
about registration—registration of higher education provider previously
cancelled
(1) Despite section 60, the council must refuse to register an applicant
as a higher education provider if—
(a) the applicant, or an associate of the applicant, has previously been
registered as a higher education provider; and
(b) the registration of the higher education provider was cancelled (other
than on the application of higher education provider) less than 12 months before
the day the application for registration is made.
(2) In this section:
associate—a person is an associate of
someone else in relation to a higher education provider if the person can, or
will be able to, have a significant influence over, or in relation to, the
carrying out of the operations of the higher education provider.
62 Expert
committee for pt 4.3
(1) The council must establish a committee under part 2.3 (Council
committees) to help the council in deciding an application under this
part.
(2) The committee must include as members people who are, in the
council’s opinion—
(a) qualified in an area relevant to the courses proposed to be offered by
the relevant higher education provider; and
(b) qualified to assess the financial and management capacity of the
higher education provider.
63 Registration
conditions—higher education provider
(1) Registration of a higher education provider under section 60 (Decision
about registration as higher education provider) is subject to—
(a) conditions imposed under subsection (2) ; and
(b) conditions imposed under section 60 (5) or 66 (1) (a)
(Amending, suspending or cancelling registration without
application—higher education provider).
(2) The following conditions of registration are imposed on a higher
education provider registered under section 60:
(a) the provider must comply with requirements stated to apply to higher
education providers under the higher education standards;
(b) the provider must, as far as practicable, give notice to the council
of proposals for the following matters before they happen:
(i) any substantial change to the provider’s control, management or
operations;
(ii) any matter that the provider must give notice of to the council under
the higher education standards;
(c) the provider must give notice to the council of a matter mentioned in
paragraph (b) immediately after it happens;
(d) the provider—
(i) must submit to any compliance audit conducted by the council;
and
(ii) if a compliance audit shows that the provider does not comply with
the higher education standards (other than any legislative compliance
standard)—must take all necessary steps to comply;
(e) the provider must not contravene a provision of this Act;
(f) the provider must give the council any information about any of its
operations required by the council;
(g) the provider must give to the council any information required by the
council about a condition of registration imposed under section 66 (Amending,
suspending or cancelling registration without application—higher education
provider);
(3) A registered higher education provider must not contravene a condition
of its registration.
Note For effect of noncompliance with a condition, see s
66 (1).
64 Period
of registration—higher education provider
Registration of a higher education provider may be for a period of up to 5
years, and may be renewed if application for renewal is made at least 6 months
before the day the registration ends.
65 Amending
or cancelling registration on application by higher education
provider
(1) On application by a registered higher education provider, the council
must amend the provider’s registered details, or refuse to do
so.
Note If a form is approved under s 112 (Approved forms) for an
application, the form must be used.
(2) If the application is to amend the higher education provider’s
scope or conditions of registration, the provider must give the council any
information required by it to decide the application.
(3) For an application mentioned in subsection (2), section 60 (Decision
about registration as higher education provider) applies as if it were an
application under that section, except that section 60 (3) (a), if it applies,
only requires a compliance audit to the extent that an audit is relevant to the
amendment.
(4) On application by a registered higher education provider for the
cancellation of registration, the council must cancel the provider’s
registration.
66 Amending,
suspending or cancelling registration without application—higher education
provider
(1) On 1 or more of the grounds mentioned in subsection (2), the council
may on its own initiative—
(a) amend the scope or conditions of registration of a registered higher
education provider, including by imposing a restriction; or
(b) suspend the registration, or part of the scope of registration of a
higher education provider, by imposing a prohibition while the suspension is in
force; or
(c) cancel the registration of a higher education provider.
(2) The grounds are as follows:
(a) the registration, or the part of the scope of registration, was
obtained because of incorrect or misleading information;
(b) the higher education provider has contravened a condition of
registration.
(3) A restriction or prohibition imposed under subsection (1) (a) or
(b) must be consistent with this chapter and the higher education
standards.
67 Effect
of suspending registration of higher education provider
(1) This section applies if a prohibition is imposed on a higher education
provider under section 66 (1) (b) (Amending, suspending or cancelling
registration without application—higher education provider).
(2) Subject to section 68 (4) (Suspension of registration—higher
education course previously agreed), a person must not do anything for any of
the following purposes in relation to a higher education course that is the
subject of the prohibition:
(a) recruitment or enrolment;
(b) soliciting or accepting any consideration for recruitment or
enrolment;
(c) starting or providing the course;
(d) granting a higher education award in relation to the course, unless
the course was completed before the prohibition.
Maximum penalty: 50 penalty units.
(3) An offence against this section is a strict liability
offence.
68 Suspension
of registration—higher education course previously
agreed
(1) This section applies to a registered higher education provider
if—
(a) a prohibition is imposed on the provider under
section 66 (1) (b) (Amending, suspending or cancelling
registration without application—higher education provider); and
(b) before the prohibition took effect, the provider entered into an
agreement to provide a higher education course to a person that the provider
would be prohibited from providing if it were not for this section;
and
(c) the council approves the course under subsection (2).
(2) On application by the higher education provider, the council may
approve the provision of the course under the agreement for a period ending no
later than 2 years after the prohibition started, if the council considers it is
justified in the circumstances.
(3) In making a decision under subsection (2), the council must take into
account—
(a) the welfare of persons to whom the course is to be provided;
and
(b) the nature and quality of the course.
(4) The prohibition is taken not to have effect during the period stated
in the approval for the purposes only of enabling the higher education provider
to—
(a) provide the course; or
(b) grant a higher education award in relation to the course.
(5) Section 67 (2) (Effect of suspension of registration of higher
education course) does not apply in relation to the course, subject to
subsection (7).
(6) The council may, in exceptional circumstances, direct the higher
education provider to immediately stop conducting the operations mentioned in
subsection (4).
Example of exceptional
circumstance
danger of injury to anyone’s health or safety
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(7) If the council gives a direction to the higher education provider
under subsection (6)—
(a) the effect of the prohibition is taken to resume from the day after
the day the direction is given; and
(b) in particular, section 67 (2) applies in relation to the
course.
69 Cancellation
of registration—higher education course previously
agreed
(1) This section applies to a registered higher education provider
if—
(a) the council cancels its registration; and
(b) before the cancellation took effect, the provider entered into an
agreement to provide a higher education course to a person; and
(c) the council approves the course under subsection (2).
(2) On application by the higher education provider, the council may
approve the provision of the course under the agreement for a period ending no
later than 2 years after the cancellation, if the council considers it is
justified in the circumstances.
(3) In making a decision under subsection (2), the council must take into
account—
(a) the welfare of persons to whom the course is to be provided;
and
(b) the nature and quality of the course.
(4) The registration of the higher education provider is taken to continue
during the period stated in the approval for the purposes only of enabling the
provider to—
(a) provide the course; or
(b) grant a higher education award in relation to the course.
(5) The council may, in exceptional circumstances, direct the higher
education provider to immediately stop conducting the operations mentioned in
subsection (4).
Example of exceptional
circumstance
danger of injury to anyone’s health or safety
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(6) If the council gives a direction to the higher education provider
under subsection (5), the provider’s registration is taken to be cancelled
for all purposes from the day after the day the direction is given.
70 Registration
of amendment, suspension, cancellation etc.
If the registration of a higher education provider is amended or suspended,
or the registration ends (whether by expiry or cancellation), the council must
amend the register of ACT higher education providers as follows:
(a) for an amendment of the scope or details of registration, other than
an amendment of the conditions of registration—record details of the
amendment;
(b) for the end of registration—remove the registered details of the
provider.
71 Offence
to falsely claim to be higher education provider etc
(1) A person other than a university who is not a registered higher
education provider commits an offence if the person claims to be a higher
education provider.
Maximum penalty: 100 penalty units.
(2) A person who is not, or is not acting for, a registered higher
education provider commits an offence if the person operates as a higher
education provider in the ACT.
Maximum penalty: 50 penalty units.
(3) A registered higher education provider must not operate as a higher
education provider outside the scope of registration of the provider.
Maximum penalty: 50 penalty units.
(4) For subsection (2) or (3), a person operates as a higher education
provider in the ACT if the person—
(a) offers to provide in the ACT a higher education course; or
(b) provides a higher education course in the ACT; or
(c) claims that the person can provide a higher education course in the
ACT; or
(d) claims that the person can issue a higher education award in the
ACT.
(5) For this section, a person claims that the person can do a thing if
the person—
(a) makes that claim; or
(b) says or does anything likely to induce someone else to believe that
the person can do the particular thing.
(6) For this section, a person is taken to operate as a higher education
provider in the ACT if the person does a thing mentioned in subsection (2) or
(3)—
(a) as the agent of someone else; or
(b) under a franchise arrangement that applies to all or part of the ACT
(whether or not it also applies to a place outside the ACT).
(7) Also, for this section, a person is taken to operate as a higher
education provider in the ACT if the person does a thing mentioned in subsection
(4) in or from the ACT by means of—
(a) a computer adapted for communicating by way of the internet or another
communications network; or
(b) a television receiver adapted to allow the viewer to transmit
information by way of a cable television network or other communications
network; or
(c) a telephone; or
(d) any other electronic device.
(8) An offence against this section is a strict liability
offence.
Part
4.4 Accredited courses—higher
education
72 Applying
for accreditation—higher education course
(1) A person may apply to the council to have a higher education course
accredited.
Note If a form is approved under s 112 (Approved forms) for an
application, the form must be used.
(2) The applicant must give the council any information required by it to
decide the application.
73 Decision
about accreditation—higher education course
(1) On an application to have a higher education course accredited under
this part, the council must grant the accreditation, or refuse to do
so.
(2) In deciding the application, the council must apply the higher
education standards.
(3) Subsection (2) does not limit the grounds on which the council may
refuse to accredit the course.
(4) If the council decides to accredit the course, it must register the
course as an accredited course.
74 Expert
committee for pt 4.4
(1) The council must establish a committee under part 2.3 (Council
committees) to help the council in deciding an application to accredit a course
under this part.
(2) The committee must include as members people who are, in the
council’s opinion—
(a) qualified in the area of study of the course; and
(b) qualified to assess—
(i) the educational and management capacity of the proposed provider of
the course; and
(ii) the suitability of the course and of the proposed methods of delivery
of the course.
75 Period
of accreditation—higher education course
Accreditation of a higher education course may be for a period of up to 5
years and may be renewed if application for renewal is made at least 6 months
before the day the accreditation ends.
76 Cancelling
accreditation—higher education course
(1) The council must cancel the accreditation of a higher education course
on application by the person providing the course.
(2) The council may cancel the accreditation of a higher education course
in the circumstances prescribed under the regulations.
77 Cancellation
of accreditation—higher education course previously
agreed
(1) This section applies to a higher education course being provided by a
person if—
(a) the council cancels the accreditation of the course; and
(b) before the cancellation took effect, the person entered into an
agreement to provide the course to someone else; and
(c) the council approves the provision of the course under subsection
(2).
(2) On application by the person, the council may approve the provision of
the course under the agreement for a period ending no later than 2 years
after the cancellation, if the council considers it is justified in the
circumstances.
(3) In making a decision under subsection (2), the council must take into
account—
(a) the welfare of persons to whom the course is to be provided;
and
(b) the nature and quality of the course.
(4) The accreditation of the course is taken to continue during the period
stated in the approval for the purposes only of enabling the person
to—
(a) provide the course; or
(b) issue a higher education award in relation to the course.
(5) The council may, in exceptional circumstances, direct the person to
immediately stop conducting the operations mentioned in
subsection (4).
Example of exceptional
circumstance
danger of injury to anyone’s health or safety
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(6) If the council gives a direction to a person under subsection (4), the
accreditation of the course is taken to be cancelled for all purposes from the
day after the day the direction is given.
78 Registering
end of accreditation
If the accreditation of a higher education course ends (whether by expiry
or cancellation), the council must remove the details of the course from the ACT
register of higher education providers.
79 Offence
to falsely claim higher education course accredited
(1) A person other than a university who claims to provide a higher
education course commits an offence if the course is not an accredited
course.
Maximum penalty: 50 penalty units.
(2) For subsection (1), a person claims to provide a higher education
course if the person—
(a) makes that claim; or
(b) says or does anything likely to induce someone else to believe a
course the person is providing is a higher education course.
(3) An offence against this section is a strict liability
offence.
Part
4.5 Disagreements under
chapter 4
80 Disagreement
with decision of council under s 60 or s 73
(1) This section applies if an applicant disagrees with a decision of the
council in relation to an application for—
(a) registration as a higher education provider under section 60 (Decision
about registration as higher education provider); or
(b) accreditation of a course under section 73 (Decision about
accreditation—higher education course).
(2) The applicant may, within 14 days after the day the applicant is
notified of the decision under section 105 (Notice of reviewable decisions), ask
the council to refer the disagreement to a committee for resolution.
(3) As soon as practicable after receiving the request for referral, the
council must refer the disagreement to a committee.
(4) Within 28 days after the day the committee receives the referral, the
committee must attempt to resolve the disagreement and report to the council
about the outcome.
Chapter
5 Higher
education—universities
Part
5.1 Operation of universities in the
ACT
81 Universities
to be established, recognised or approved
(1) A person must not operate, or purport to operate, in the ACT as a
university, or part of a university, unless the person is—
(a) established, recognised or approved as a university under this Act;
or
(b) established under another law of the Territory; or
(c) established under a law of the Commonwealth or a State and not subject
to a declaration under section 82.
Maximum penalty: 100 penalty units.
(2) An offence against this section is a strict liability
offence.
82 Declaration
that university may not operate in ACT
(1) This section applies to a university that is established under a law
of the Commonwealth or a State (other than a law of the Territory).
(2) If the Minister is not satisfied that the university can meet the
requirements of section 89 (Characteristics and role of university) in relation
to its operations in the ACT, the Minister may declare, in writing, that the
university must not operate, or purport to operate, in the ACT as a university,
or part of a university, unless it is recognised under part 5.3 (Establishment
or recognition of universities in the ACT).
83 What
is meant by operating as a university?
(1) For this chapter, a person operates in the ACT as a university, or
part of a university, if the person—
(a) offers to provide a higher education course in the ACT as a
university; or
(b) provides a higher education course in the ACT as a university;
or
(c) claims to be able to provide a higher education course in the ACT as a
university; or
(d) claims to be able to issue a higher education award in the ACT as a
university.
(2) For subsection (1), a person claims to be able to do a thing if the
person—
(a) makes that claim; or
(b) says or does anything likely to induce someone else to believe that
the person can do the particular thing.
(3) A person is taken to operate in the ACT as a university, or part of a
university, if the person does a thing mentioned in subsection
(1)—
(a) as the agent of someone else; or
(b) under a franchise arrangement that applies to all or part of the ACT
(whether or not it also applies to a place outside the ACT).
(4) Also, a person is taken to operate in the ACT as a university, or part
of a university, if the person does a thing mentioned in subsection (1) in
or from the ACT by means of—
(a) a computer adapted for communicating by way of the internet or another
communications network; or
(b) a television receiver adapted to allow the viewer to transmit
information by way of a cable television network or other communications
network; or
(c) a telephone; or
(d) any other electronic device.
84 Who
can use title of ‘university’?
(1) A person must not, by use of the title ‘university’,
‘university college’ or a similar title (whether alone or in
combination with other titles), claim that the person is a university or part of
a university unless the person is a university or part of a university, or is
the agent of a university or part of a university.
Maximum penalty: 200 penalty units
(2) This section does not apply to the University of the Third Age
(U3A).
(3) For this section, a person claims to be a university or part of a
university if the person—
(a) makes that claim; or
(b) says or does anything likely to induce someone else to believe the
person is a university or part of a university.
(4) An offence against subsection (1) is a strict liability
offence.
Part
5.2 University advisory
panels
85 Establishment
of panel
(1) If the Minister receives a proposal under section 87 (Proposal for ACT
university) or an application under section 94 (Application for approval as
foreign university), the Minister must establish a university advisory
panel.
(2) The Minister may also establish a university advisory panel for a
review under section 93 (Review of operations of university).
(3) A panel must consist of at least 3 people who, in the Minister’s
opinion, have substantial knowledge and experience of academic affairs or
university management.
(4) In establishing a panel, the Minister must consult with the
council.
(1) The Minister may, in consultation with the council, make guidelines
for the consideration by a university advisory panel of proposals for the
establishment or recognition of universities in the ACT and applications for
approval by foreign universities.
(2) The guidelines may include criteria for establishment, recognition or
approval of a university.
(3) The guidelines are a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
Part
5.3 Establishment or recognition of
universities in the ACT
87 Proposal
for ACT university
(1) A corporation (a proposed university) may propose, in
writing to the Minister, that it should be established, or recognised, in the
ACT as a university.
Note If a form is approved under s 112 (Approved forms) for an
approval, the form must be used.
(2) The proposal must include—
(a) detailed information about how the proposed university has the
characteristics, and fulfils the role, of a university; and
(b) any other information required under the regulations.
(3) The proposed university must give the Minister any other information
required by the Minister to consider the proposal.
88 Declaration
of ACT university
(1) On a proposal under section 87, the Minister must declare, in writing,
that the proposed university is established or recognised as a university, or
refuse to do so.
(2) A declaration—
(a) may impose conditions on the establishment or recognition of the
university, consistent with this chapter and the national protocols;
and
(b) must state a period of establishment or recognition of no longer than
5 years.
(3) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(4) The Minister must not make a declaration about a proposed university
unless—
(a) the university advisory panel has reported to the Minister under
section 91 about the proposal; and
(b) taking into consideration the panel’s report, the Minister is
satisfied the proposed university has the characteristics, and fulfils the role,
of a university.
(5) The Minister must give the proposed university a copy of a
declaration.
89 Characteristics
and role of university
A proposed university has the characteristics, and fulfils the role, of a
university if—
(a) it meets the criteria for a university stated in the national
protocols; and
(b) it has appropriate accounting, financial and staffing resources in the
ACT; and
(c) it meets any relevant guidelines under section 86 (Panel guidelines);
and
(d) it satisfies any other reasonable requirements of the
Minister.
90 Panel
to consider proposal
(1) After receiving a proposal from a proposed university for the
establishment or recognition of a university in the ACT, the Minister must refer
the proposal to a university advisory panel.
(2) The panel must decide the extent to which the proposed university has
the characteristics, and fulfils the role, of a university.
(3) The panel must consider—
(a) the proposal; and
(b) other information given to the Minister by the proposed university;
and
(c) if the council has commented on the proposal, the council’s
comments; and
(d) any other relevant information available; and
(e) any guidelines under section 86 (Panel guidelines).
(4) In considering the proposal, the panel must consult with relevant
academic, professional or industry bodies.
91 Panel
to report to Minister
(1) The university advisory panel must give a written report to the
Minister about the proposal, within the time agreed between the Minister and the
panel.
(2) The report must include—
(a) an analysis of the extent to which the proposed university has the
characteristics, or fulfils the role, of a university; and
(b) the panel’s recommendation about whether the proposed university
should or should not be established or recognised as a university and its
reasons for the recommendation; and
(c) any conditions on establishment or recognition recommended by the
panel.
92 Conditions
of establishment or recognition of ACT university
(1) The establishment or recognition of a university under this part is
subject to—
(a) conditions imposed under subsection (2) ; and
(b) conditions imposed under section 88 (2) (Declaration of ACT
university).
(2) The following conditions of establishment or recognition of a
university under this part are imposed on a university:
(a) the university must comply with
requirements stated to apply to universities under the national
protocols;
(b) the university must, as far as practicable, give notice to the
Minister of any proposed substantial change to the university’s control,
management or operations before the change happens;
(c) the university must give notice to the Minister of any change
mentioned in paragraph (b) immediately after the change happens.
(d) the university must not contravene a provision of this Act;
(e) the university must give to the Minister any information about any of
its operations required by the Minister.
(3) A university must not contravene a condition of its
registration.
93 Review
of operations of university
(1) The Minister may at any time arrange for a review by a university
advisory panel of the operation of a university established or recognised under
this part.
(2) If the Minister is satisfied after the review that it is in the
interests of the students enrolled at the university or in the public interest
to do so, the Minister may, in writing—
(a) amend the declaration of establishment or recognition of the
university by imposing a condition; or
(b) suspend the declaration; or
(c) repeal the declaration.
Note An instrument under subsection (2) amending or repealing a
declaration is a disallowable instrument (see Legislation Act, s 42) and must be
notified and presented to the Legislative Assembly.
Part
5.4 Foreign universities in the
ACT
94 Application
for approval as foreign university
(1) A foreign university may apply to the Minister for approval under this
part as a university.
Note If a form is approved under s 112 (Approved forms) for an
application, the form must be used.
(2) The university must give the Minister—
(a) information about its recognition by the relevant accreditation body
in the country where it is established; and
(b) any other information required by the Minister to decide the
application.
95 Decision
about approval as foreign university
(1) On an application for approval, the Minister may give the approval to
the university, or refuse to do so.
(2) An approval may be given subject to conditions stated in the approval
that are consistent with this chapter and the national protocols.
(3) An approval under this section is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(4) The Minister must not give approval unless the Minister is satisfied
about—
(a) the legal status of the university and its standing in the country
where it is established (including recognition by the relevant accreditation
body); and
(b) the adequacy of the proposed arrangements for the university’s
operation in the ACT, having regard to the national protocols.
(5) In deciding the application, the Minister must consult with a
university advisory panel.
96 Period
of approval—foreign university
Approval as a foreign university may be for a period of up to 5 years,
and may be renewed if application for renewal is made at least 6 months before
the day the approval ends.
97 Conditions
of foreign university approval
(1) The approval of a foreign university under this part is subject
to—
(a) conditions imposed under subsection (2) ; and
(b) conditions imposed under section 95 (2) (Decision about approval as
foreign university).
(2) The following conditions of approval under this part are imposed on a
foreign university:
(a) the university must comply with
requirements stated to apply to universities under the national
protocols;
(b) the university must, as far as practicable, give notice to the
Minister of any proposed substantial change to the university’s control,
management or operations before the change happens;
(c) the university must give notice to the Minister of any change
mentioned in paragraph (b) immediately after the change happens;
(d) the university must not contravene a provision of this Act;
(e) the university must give to the Minister any information about any of
its operations required by the Minister.
(3) A university must not contravene a condition of its
registration.
98 Review
of operations of foreign university
(1) The Minister may at any time arrange for a review by a university
advisory panel of the operation of a foreign university approved under this
part.
(2) If the Minister is satisfied after the review that it is in the
interests of the students enrolled at the university or in the public interest
to do so, the Minister may, in writing—
(a) amend the approval by imposing a condition; or
(b) suspend the approval; or
(c) repeal the approval.
Note An instrument under subsection (2) amending or repealing a
declaration is a disallowable instrument (see Legislation Act, s 42) and must be
notified and presented to the Legislative Assembly.
Part
6.1 Visits to
premises
99 Visits
by council—RTO premises
(1) The council may give an RTO written notice that a council member, a
staff member of the council or a person authorised by the council proposes to
visit premises where the RTO is giving, or proposing to give, vocational
education and training courses.
(2) A notice under subsection (1) must—
(a) state the address of the premises proposed to be visited;
and
(b) state the purpose of the visit; and
(c) state the day and time of the proposed visit; and
(d) be given to the RTO at least 7 days before the day of the proposed
visit.
(3) The day and time of the proposed visit must be a day and time when the
RTO normally conducts business on the premises.
(4) The member, staff member or authorised person may, on the day and at
the time stated in the notice—
(a) enter the premises stated in the notice; or
(b) observe the operations of the RTO on the premises; or
(c) ask the RTO to give information about its operations; or
(d) ask the RTO to produce any document in the possession of the RTO
containing information about courses given, or proposed to be given, on the
premises.
(5) A member, staff member or authorised person may, in exceptional
circumstances, do a thing mentioned in subsection (4) (a) to (d) without
notice.
Example of exceptional
circumstance
danger of injury to anyone’s health or safety
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
100 Visits
by council—higher education provider premises
(1) The council may give a registered higher education provider written
notice that a council member, a staff member of the council or a person
authorised by the council proposes to visit premises where the provider is
conducting, or proposing to conduct, higher education courses.
(2) A notice under subsection (1) must—
(a) state the address of the premises proposed to be visited;
and
(b) state the day and time of the proposed visit; and
(c) state the purpose of the visit; and
(d) be given to the higher education provider at least 7 days before the
day of the proposed visit.
(3) The day and time of the proposed visit must be a day and time when the
higher education provider normally conducts business on the premises.
(4) The member, staff member or authorised person may, on the day and at
the time stated in the notice—
(a) enter the premises stated in the notice; or
(b) observe the operations of the higher education provider; or
(c) ask the higher education provider to give information about its
operations; or
(d) ask the higher education provider to produce any document in the
possession of the provider containing information relating courses given,
proposed to be given or previously given, on the premises.
(5) A member, staff member or authorised person may, in exceptional
circumstances, do a thing mentioned in subsection (4) (a) to (d) without
notice.
Example of exceptional
circumstance
danger of injury to anyone’s health or safety
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(1) The council may give a person who may conduct visits under this part
an identity card that states the person’s name and position, and
shows—
(a) the date of issue of the card; and
(b) the date of expiry of the card; and
(c) anything else prescribed under the regulations.
(2) A person who is given an identity card commits an offence if the
person fails to return it to the council as soon as practicable, but within
7 days, after the day the person is asked by the council to return the
card.
Maximum penalty: 1 penalty unit.
(3) An offence against this section is a strict liability
offence.
102 Production
of identity card
A person who has entered premises under this part must not remain on the
premises if, on request by the occupier, the person, or someone accompanying
that person, does not produce his or her identity card.
(1) This section applies if the council is satisfied that an RTO or
registered higher education provider—
(a) without reasonable excuse, obstructs or hinders a person entering
premises or observing a course under this part; or
(b) refuses to give information, or gives information that the higher
education provider knows is false or misleading, in response to a request under
this part; or
(c) refuses to produce a document, or produces a document that the higher
education provider knows contains false or misleading information, in response
to a request under this part.
(2) The authority may suspend or cancel the registration of the RTO or
registered higher education provider.
Part
6.2 Review of
decisions
In this part:
reviewable decision means a decision mentioned in schedule 1,
column 3 under a provision of this Act mentioned in schedule 1, column 2 in
relation to the decision.
105 Notice
of reviewable decisions
(1) If the council or the Minister makes a reviewable decision, the
council or the Minister (as the case requires) must give written notice of the
decision and the reasons for the decision to each person mentioned in
schedule 1, column 4 in relation to the decision.
(2) The notice must be in accordance with the requirements of the code of
practice in force under the Administrative Appeals Tribunal Act 1989,
section 25B (1).
106 Review
by AAT of reviewable decisions
A person may apply in writing to the administrative appeals tribunal for
review of a reviewable decision.
107 Modification
of Administrative Appeals Tribunal Act, s 27
(1) This section applies in relation to a reviewable decision to which
section 55 (Disagreement with decision of council under s 33 or s 48) or
section 80 (Disagreement with decision of council under s 60 or s 73)
applies.
(2) A person is not entitled to apply under section 111 for review of a
decision—
(a) until after the end of the period when a request under section 55
(2) or 80 (2) may be made; or
(b) if a request under section 55 (2) or 80 (2) has been made, until the
earlier of—
(i) the day the person who made the request is notified of the outcome of
the attempt to resolve the disagreement; or
(ii) the day after the end of the period mentioned in section 55 (4)
or 80 (4).
(3) If a request has been made under section 55 (2) or 80 (2) in
relation to a decision, the prescribed time for lodging an application with the
AAT is the period beginning on the day when the person who made the request
becomes entitled under subsection (2) (b) to make the application and ending on
the 28th day after that day.
Part
6.3 Other
provisions
108 False
or misleading statements in applications etc
(1) A person commits an offence if—
(a) the person makes a statement (whether orally, in a document or in any
other way); and
(b) the person does so knowing that the statement—
(i) is false or misleading; or
(ii) omits anything without which the statement is misleading;
and
(c) the statement is made—
(i) in, or in relation to—
(A) an application for registration as an RTO; or
(B) an application for accreditation of a vocational education course;
or
(C) an application for registration as a higher education provider;
or
(D) an application for accreditation of a higher education course;
or
(E) a proposal for establishment or recognition as a university in the
ACT; or
(F) an application for approval to operate in the ACT as a university;
or
(ii) in response to a request for information under
section 99 (4) (c) (Visits by council—RTO premises) or
section 100 (4) (c) (Visits by council—higher education provider
premises).
Maximum penalty: 100 penalty units.
(2) Subsection (1) (b) (i) does not apply if the statement is not false or
misleading in a material particular.
(3) Subsection (1) (b) (ii) does not apply if the omission does not make
the statement misleading in a material particular.
(4) A person commits an offence if—
(a) the person makes a statement (whether orally, in a document or in any
other way); and
(b) the person is reckless as to whether the statement—
(i) is false or misleading; or
(ii) omits anything without which the statement is misleading;
and
(c) subsection (1) (c) applies to the statement.
Maximum penalty: 50 penalty units.
(5) Subsection (4) (b) (i) does not apply if the statement is not false or
misleading in a material particular.
(6) Subsection (4) (b) (ii) does not apply if the omission does not make
the statement misleading in a material particular.
109 Alternative
verdict for offence against s 108
(1) This section applies if, in a prosecution for an offence against
section 108 (1) (False or misleading statements in applications etc), the trier
of fact is not satisfied that the defendant is guilty of the offence, but is
satisfied beyond reasonable doubt that the defendant is guilty of an offence
against section 108 (4).
(2) The trier of fact may find the defendant not guilty of the offence
against section 108 (1) but guilty of the offence against
section 108 (4) only if the defendant has been given procedural
fairness in relation to that finding of guilt.
110 Protection
from civil liability
(1) A person exercising a function under this Act does not incur civil
liability for an act or omission done honestly and without negligence for this
Act.
(2) Civil liability that would, apart from this section, attach to a
person attaches instead to the Territory.
111 Determination
of fees
(1) The Minister may, in writing, determine fees for this Act.
Note The Legislation Act contains provisions about the making
of determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and
presented to the Legislative Assembly, under the Legislation Act.
(1) The council may, in writing, approve forms for this Act.
(2) If the council approves a form for a particular purpose, the approved
form must be used for that purpose.
Note For other provisions about forms, see Legislation Act, s
255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
113 Regulation-making
power
(1) The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
(2) The regulations may provide for the registration of details in the
national register or the ACT register of higher education providers not
otherwise expressly provided for in this Act.
114 Details
on national register on commencement
(1) The following details recorded on the national register immediately
before 1 July 2003 are taken to be registered under chapter 3 or a corresponding
law by the entity that recorded the detail:
(a) a training organisation’s registration;
(b) a training organisation’s scope and period of
registration;
(c) registration of an accredited course;
(d) period of registration of an accredited course;
(e) a qualification registered for a
nationally endorsed training package or accredited course.
(2) A condition of a training organisation’s registration under the
Vocational Education and Training Act 1995 in force immediately
before 1 July 2003 is taken to be a condition imposed under—
(a) chapter 3; or
(b) a corresponding law under which a similar condition may be imposed in
similar circumstances to those applying when the condition was
imposed.
115 Registration
of transitional RTOs
(1) A person who was a registered training provider under the
Vocational Education and Training Act 1995 immediately before 1 July
2003 is taken to be an RTO (a transitional RTO).
(2) The registration of a transitional RTO under this Act—
(a) is taken to be subject to any conditions under this Act that applied
to its registration under the Vocational Education and Training Act 1995
immediately before 1 July 2003;
(b) may be amended, suspended or cancelled as if it had been brought about
under this Act; and
(c) expires on the day the earlier registration would have expired if this
Act had not been made; and
(d) may be renewed under this Act, if application for renewal is made
within whichever of the following periods applies:
(i) if the expiry date is 6 months or more after 1 July 2003—6
months before the expiry date;
(ii) if the expiry date is within 6 months after 1 July 2003—any
time before the expiry date.
(3) If the details of a transitional RTO had not been recorded on the
national register immediately before 1 July 2003, the council must record those
details on the national register.
116 Accreditation
of transitional vocational and higher education courses
(1) A vocational education course or a higher education course that was
accredited under the Vocational Education and Training Act 1995
immediately before 1 July 2003 is taken to be an accredited course (a
transitional course) under this Act.
(2) The accreditation of a transitional course under this
Act—
(a) is taken to be subject to any conditions under this Act that applied
to its earlier accreditation under the Vocational Education and Training Act
1995 immediately before 1 July 2003;
(b) may be amended or cancelled as if it had been brought about under this
Act; and
(c) expires on the day its earlier accreditation would have expired if
this Act had not been made; and
(d) may be renewed under this Act, if application for renewal is made
within whichever of the following periods applies:
(i) if the expiry date is on or after 1 January 2004—6 months before
the expiry date;
(ii) if the expiry date is before 1 January 2004—as soon as possible
after 1 July 2003.
(3) If the details of a transitional course of vocational education had
not been recorded on the national register immediately before
1 July 2003, the council must record those details on the national
register.
(4) The council must record on the ACT register of higher education
providers details of transitional courses of higher education recorded on the
register kept for the purposes of the Vocational Education and Training Act,
1995 immediately before 1 July 2003.
117 Modification
of ch 7’s operation
The regulations may modify the operation of this chapter to make provision
in relation to any matter that, in the Executive’s opinion, is not, or is
not adequately, dealt with in this chapter.
This chapter expires on 30 June 2004.
Schedule
1 Reviewable
decisions
(see s 104)
column 1
item
|
column 2
Act provision
|
column 3
reviewable decision
|
column 4
person to be notified
|
1
|
33 (1) (Decision about registration as RTO)
|
refusing to register training organisation
|
applicant for registration
|
2
|
33 (6)
|
registering training organisation subject to conditions
|
applicant for registration
|
3
|
37 (1) (Amending registration on application by RTO)
|
refusing to amend registered details of RTO
|
RTO
|
4
|
38 (2) (a) or (b) (Amending, suspending or cancelling RTO registration
without application)
|
amending scope or conditions of registration
|
RTO
|
5
|
38 (2) (c)
|
suspending registration or part of scope of registration
|
RTO
|
6
|
38 (2) (d)
|
cancelling registration
|
RTO
|
7
|
39 (1) (Cancelling RTO registration on change of location of
operations)
|
cancelling registration
|
RTO
|
8
|
41 (2) (Suspension of registration—training or assessment previously
agreed)
|
refusing to approve training or assessment
|
RTO
|
9
|
42 (2) (Cancellation of registration—training or assessment
previously agreed)
|
refusing to approve training or assessment
|
RTO
|
10
|
48 (1) (Decision about accreditation—vocational course)
|
refusing to accredit vocational education and training course
|
applicant
|
11
|
51 (Cancelling accreditation —vocational course)
|
cancelling accreditation of vocational education course
|
each provider of course
|
12
|
52 (2) (Cancellation of accreditation—vocational course previously
agreed)
|
refusing to approve course
|
each provider of course
|
13
|
60 (1) (Decision about registration as higher education provider)
|
refusing to register higher education provider
|
applicant
|
14
|
60 (5)
|
registering higher education provider subject to conditions
|
applicant
|
15
|
65 (1) (Amending or cancelling registration on application by higher
education provider)
|
refusing to amend registered details of higher education provider
|
registered higher education provider
|
16
|
66 (1) (a) (Amending, suspending or cancelling registration without
application—higher education provider)
|
amending scope or conditions of registration
|
registered higher education provider
|
17
|
66 (1) (b)
|
suspending registration or part of scope of registration
|
registered higher education provider
|
18
|
66 (1) (c)
|
cancelling registration
|
registered higher education provider
|
19
|
68 (2) (Suspension of registration—higher education course previously
agreed)
|
refusing to approve course
|
registered higher education provider and each provider of the
course
|
20
|
69 (2) (Cancellation of registration—higher education course
previously agreed)
|
refusing to approve course
|
registered higher education provider and each provider of the
course
|
21
|
73 (1) (Decision about accreditation—higher education
course)
|
refusing to accredit higher education course
|
applicant
|
22
|
76 (2) (Cancelling accreditation—higher education course)
|
cancelling accreditation of higher education course
|
registered higher education provider each provider of the course
|
23
|
77 (2) (Cancellation of accreditation—higher education course
previously agreed)
|
refusing to approve course
|
registered higher education provider and each provider of course
|
24
|
88 (Declaration of ACT university)
|
refusing to declare that a university is established or
recognised
|
proposed university
|
25
|
93 (2) (a) (Review of operations of university)
|
amending declaration of establishment or recognition by imposing
condition
|
university
|
26
|
98 (2) (a) (Review of operations of foreign university)
|
amending approval by imposing conditions
|
university
|
27
|
103 (2) (Obstructing visits)
|
suspending or cancelling registration
|
RTO or higher education provider
|
(see s 4)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the
following terms:
• corporation
• exercise
• function
• may (see s 146)
• must (see s 146)
• person.
accredited course means a course
that—
(a) leads to a qualification under the AQF; and
(b) for a vocational education and training course—is registered as
an accredited course under chapter 3; and
(c) for a higher education course—is registered as an accredited
course under chapter 4.
accreditation includes renewed accreditation.
ANTA means the Australian National Training Authority
established under the Commonwealth Act.
AQF means the policy framework entitled ‘Australian
Qualifications Framework’ that defines all qualifications (whether as
defined under this Act or otherwise) recognised nationally in education and
training within Australia, endorsed by MINCO to commence on 1 January 1995, as
in force from time to time.
Note 1 The text of an applied, adopted or incorporated law or
instrument, whether applied as in force from time to time or at a particular
time, is taken to be a notifiable instrument if the operation of the Legislation
Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the
Legislation Act.
AQTF means the policy framework entitled ‘Australian
Quality Training Framework’ that defines the criteria and standards for
the registration of training organisations and the accreditation of courses in
the vocational education and training sector endorsed by MINCO on 8 June 2001,
as in force from time to time.
Note 1 The text of an applied, adopted or incorporated law or
instrument, whether applied as in force from time to time or at a particular
time, is taken to be a notifiable instrument if the operation of the Legislation
Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the
Legislation Act.
authority means the Vocational Education and Training
Authority established under the Vocational Education and Training Act
2003.
committee means a committee established by the council under
section 21.
Commonwealth Act means the Australian National Training
Authority Act 1992 (Cwth).
compliance audit means—
(a) for a RTO—an audit, including if necessary a site visit,
conducted by or for the council or another registering body to establish whether
the RTO complies with the RTO standards, except any legislative compliance
standard; or
(b) for a registered higher education provider—an audit, including
if necessary a site visit, conducted by or for the council to establish whether
the provider complies with the higher education standards, except any
legislative compliance standard.
corresponding law means—
(a) for chapter 3 (Vocational education and training)—
(i) if a regulation prescribes a law of another jurisdiction as a
corresponding law—that law; or
(ii) in any other case—a law of another jurisdiction that
corresponds to chapter 3; and
(b) for a provision of chapter 3—the provision of a corresponding
law of another jurisdiction under paragraph (a) that corresponds to the
provision of chapter 3.
council—means the Accreditation and Registration
Council established under section 7.
course accrediting body means the council or a body
equivalent to the council in another jurisdiction responsible for the
administration of the accreditation of courses under that jurisdiction’s
legislation relating to vocational education and training or higher
education.
foreign university means a university that
is—
(a) established in a foreign country; and
(b) recognised as a university by the authority in the foreign country
that, in the Minister’s opinion, is the competent authority for the
purpose.
franchise arrangement means an agreement or other arrangement
between 2 or more people by which one of them (the franchisor)
authorises or permits another (the franchisee)—
(a) to engage in the business of offering, selling or distributing goods
and services within or partly within the ACT, if the franchisee is required to
do so—
(i) in accordance with a particular marketing, business or technical plan
or system; and
(ii) under a common format or procedure (or format and procedure);
and
(b) to use a mark or common trade name, in such a way that the business
carried on by the franchisee is, or can be, identified by the public as being
substantially associated with the mark or name identifying, commonly connected
with or controlled by the franchisor or a related person.
higher education award means—
(a) a degree, status, title or description of bachelor, master or doctor;
or
(b) any other award that is described as a ‘degree’;
or
(c) an award of graduate diploma or graduate certificate; or
(d) any other award described in AQF as a higher education
award.
higher education course means a course of study that entitles
a person who satisfies the course requirements to the conferral of a higher
education award.
higher education provider means a provider of courses leading
to higher education awards, other than a university.
higher education standards means the following, to the extent
that they are relevant to higher education providers:
(a) the national protocols;
(b) the RTO standards and the standards for State and Territory
registering and course accrediting bodies;
(c) any other standard for higher education that the Minister determines
in writing for this paragraph.
jurisdiction means the Territory or, if it has enacted a
corresponding law, a State.
legislative compliance standard means a standard included in
the RTO standards or the higher education standards requiring that an RTO or
higher education provider ensures that compliance with Commonwealth, State and
Territory legislation and regulatory requirements relevant to its operations is
integrated into its policies and procedures and that such compliance is
maintained.
Note On commencement of this definition, the relevant RTO standard
was standard 2.
MINCO means the ministerial council on vocational education
and training operating in accordance with the ANTA Agreement as defined in the
Commonwealth Act, section 4 (1), definition of
Agreement.
ministerial council means a council consisting of the
Ministers from the Territory, each State and the Commonwealth responsible for
employment, education, training and youth affairs.
nationally endorsed, for a training package, means endorsed
by the committee known as the national training quality committee established by
MINCO.
national protocols means the National Protocols for Higher
Education Approval Processes endorsed by the ministerial council on education,
employment, training and youth affairs on 31 March 2000, as in force
from time to time.
Note 1 The text of an applied, adopted or incorporated law or
instrument, whether applied as in force from time to time or at a particular
time, is taken to be a notifiable instrument if the operation of the Legislation
Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the
Legislation Act.
national register means the National Training Information
Service maintained by ANTA, to the extent that it consists of a register of
people or matters registered under this Act or corresponding laws.
national training framework means the policy framework,
comprising the AQTF and the concept of training packages, endorsed by MINCO in
September 1996, and that policy framework and concept of training packages as in
force from time to time.
Note 1 The text of an applied, adopted or incorporated law or
instrument, whether applied as in force from time to time or at a particular
time, is taken to be a notifiable instrument if the operation of the Legislation
Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the
Legislation Act.
prohibition means a prohibition on all or some of the
operations of an RTO, higher education provider or university.
qualification means formal certification in the vocational
education and training sector by an RTO and under the AQF that a person has
achieved all the units of competencies or modules comprising learning outcomes
stated for the qualification in—
(a) a nationally endorsed training package for which details of the
qualification have been registered by ANTA; or
(b) an accredited course that provides training for the
qualification.
registered means—
(a) for a training organisation—registered under chapter 3;
and
(b) for a higher education provider—registered under
chapter 4.
registered training organisation means a person whose details
as a training organisation are registered.
registering body means the council or a body equivalent to
the council in another jurisdiction that is responsible for the registration of
training organisations under the corresponding law of that
jurisdiction.
registration includes renewed registration.
restriction means a restriction on all or some of the
operations of an RTO, higher education provider or university, or a
prohibition.
RTO means a registered training organisation.
RTO standards means the standards for registered training
organisations and, to the extent that they are relevant to an RTO, the standards
for State and Territory registering and course accreditation bodies.
scope of registration—
(a) for an RTO—see section 31; or
(b) for a higher education provider—see section 58.
standards for accreditation of courses means the standards
for accreditation of courses adopted on 8 June 2001 by MINCO under the AQTF, as
in force from time to time.
Note 1 The text of an applied, adopted or incorporated law or
instrument, whether applied as in force from time to time or at a particular
time, is taken to be a notifiable instrument if the operation of the Legislation
Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the
Legislation Act.
standards for registered training organisations means the
standards for registered training organisations adopted on 8 June 2001
by MINCO under the AQTF, as in force from time to time.
Note 1 The text of an applied, adopted or incorporated law or
instrument, whether applied as in force from time to time or at a particular
time, is taken to be a notifiable instrument if the operation of the Legislation
Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the
Legislation Act.
standards for State and Territory registering and course accrediting
bodies means the standards for State and Territory registering bodies
and course accrediting bodies adopted on 8 June 2001 by MINCO under
the AQTF, as in force from time to time.
Note 1 The text of an applied, adopted or incorporated law or
instrument, whether applied as in force from time to time or at a particular
time, is taken to be a notifiable instrument if the operation of the Legislation
Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the
Legislation Act.
statement of attainment means formal certification in the
vocational education and training sector by an RTO under the AQF that a person
has achieved—
(a) part of a qualification; or
(b) 1 or more units of competency from a nationally endorsed training
package; or
(c) all the units of competency or modules comprising learning outcomes
for an accredited course that does not meet the requirements for a
qualification.
trades and labour council means the Trades and Labour Council
of the Australian Capital Territory Incorporated.
training package means an integrated set of competency
standards and assessment guidelines leading to a qualification for a particular
industry, industry sector or enterprise.
unit of competency means a specification of knowledge and
skill and their application to a particular standard of performance.
university means—
(a) a provider of higher education that is—
(i) established or recognised as a university under this Act or another
law of the Territory, the Commonwealth or a State; and
(ii) listed as a university on the AQF register; or
(b) a foreign university.
university advisory panel—see section 85 (Establishment
of panel).
vocational education and training means the education and
training and qualifications and statements of attainment under the vocational
education and training provisions of the AQF.
vocational education and training course means a course
leading to a qualification or statement of attainment.
© Australian Capital Territory
2003
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