Australian Capital Territory Numbered Acts

VOCATIONAL EDUCATION AND TRAINING ACT (NO 37 OF 1995)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Vocational Education and Training Act 1995.  
   3.      The objects of this Act are—  
   4.      (1) In this Act, unless the contrary intention appears—“accreditation” means accreditation of vocational education and training courses under Division 1 of Part V; “accredited course” means a sequence of vocational education and training that is accredited under this Act or under a corresponding law of a State or another Territory; “ANTA” means the Australian National Training Authority established by the ANTA Act; “ANTA Act” means the Australian National Training Authority Act 1992 of the Commonwealth; “approved training” means a sequence of vocational education and training that is the subject of a determination in force under section 25; “approved training agreement” means a training agreement approved by the Authority under paragraph 30 (2) (a); “approved variation” means a variation of an approved training agreement—  

   PART II--VOCATIONAL EDUCATION AND TRAINING AUTHORITY

   5.      The Vocational Education and Training Authority is established.  
   6.      (1) The Authority has the following functions:  
   7.      In the performance of its functions, the Authority shall consult with relevant industry training advisory boards, employee and employer associations, and such other persons or bodies as it considers necessary.  
   9.      For the purposes of the definition of “State training agency” in subsection 4 (1) of the ANTA Act, the Minister may nominate the Authority as the State training agency for the Territory.  

   PART III--FUNCTIONS OF AUSTRALIAN NATIONAL TRAINING AUTHORITY

   10.     ANTA has the functions, in relation to the Territory, that are expressed to be conferred on it by the ANTA Act.  
   11.     In the Territory, ANTA has the power to do all things necessary or convenient to be done in the performance of its functions.  

   PART IV--ACCREDITATION AND REGISTRATION COUNCIL

   12.     The Accreditation and Registration Council is established.  
   13.     The Council has the following functions:  
   14.     In considering a matter, the Council shall have regard to any views the Authority may have in relation to that matter.  
   15.     (1) The Council shall, after each calendar year, furnish to the Minister for presentation to the Legislative Assembly a report relating to the operations of the Council during that year.  

   PART V--ACCREDITATION OF COURSES AND REGISTRATION OF TRAINERS

   21.     The Council shall cancel a provider's registration on the written request of the provider.  
   24.     For the purposes of this Part, an employer shall not be taken to be providing a vocational education and training course merely because the employer conducts training for his or her employees.  

   PART VI--TRAINING

   25.     The Authority may determine in writing that a sequence of vocational education and training is approved training for the purposes of this Act.  
   26.     The Authority may determine in writing that a trade or other vocation is, or is no longer, a prescribed vocation for the purposes of this Act.  
   27.     The Authority shall, from time to time, publish in the Gazette lists of the following:  
   29.     An employer shall not train an employee for the purpose of enabling the employee to become qualified in a prescribed vocation except under an approved training agreement.  
   31.     Where—  
   33.     Subject to section 34, the Authority shall determine in writing the terms to be included in training agreements.  
   34.     (1) Subject to any approved variation, an employer's obligations under a training agreement shall include the following:  
   35.     A variation of an approved training agreement has no effect unless it is an approved variation.  
   37.     Where the Authority is advised by an employer of a change in the employer's circumstances as a result of which the employer is unable to conduct the approved training in accordance with the approved training agreement, the Authority may vary the agreement.  

   PART VII--DISAGREEMENTS AND DISPUTES

   PART VIII--ADMINISTRATION OF AUTHORITY AND COUNCIL

   40.     The Authority shall consist of the following members:  
   41.     The Council shall consist of the following members:  
   43.     (1) Subject to subsection (2), an appointed member of a relevant body shall be paid such remuneration and allowances as are determined in writing by the Minister.  
   44.     The Minister may grant leave of absence to an appointed member of a relevant body on such terms and conditions as to remuneration or otherwise as the Minister determines.  
   45.     (1) A member of a relevant body who has a direct or indirect interest, pecuniary or otherwise, in a matter being considered or about to be considered by the relevant body shall, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the relevant body.  
   46.     An appointed member of a relevant body may resign his or her office by writing signed by the member and delivered to the Minister.  
   47.     (1) The Minister may terminate the appointment of a member of a relevant body at any time.  
   48.     (1) The Minister may appoint a person to act as an appointed member of a relevant body—  
   49.     A relevant body has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions.  
   51.     (1) A relevant body may, either generally or as otherwise provided by resolution, delegate the performance or exercise of a function or power of the relevant body to—  
   54.     A relevant body may establish such committees as it thinks necessary to assist the relevant body in the performance of its functions, and may dissolve such committees.  
   57.     (1) Subject to subsection (2), a member of a committee established under section 54 is not entitled to be paid in respect of the performance of the member's functions.  
   58.     (1) The Authority may make arrangements with the Chief Executive for the use of the services of public servants in the administrative unit under the Chief Executive's control.  

   PART IX--OFFICIAL VISITS TO PREMISES BY AUTHORITY AND COUNCIL

   61.     If an employer or a registered provider—  

   PART X--REVIEW OF DECISIONS

   62.     (1) Application may be made to the Administrative Appeals Tribunal for review of a decision of the Council—  
   64.     (1) This section applies in relation to a decision of the kind referred to in any of paragraphs 62 (1) (a) to (f) (inclusive) or 63 (1) (a) to (f) (inclusive).  

   PART XI--MISCELLANEOUS

   66.     Strict compliance with the forms approved for the purposes of this Act is not necessary and substantial compliance, or such compliance as the circumstances of a particular case allow, is sufficient.  
   67.     The Minister may, by notice in the Gazette, determine fees for the purposes of this Act.  
   68.     The Executive may make regulations for the purposes of this Act.