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This is a Bill, not an Act. For current law, see the Acts databases.
NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR (CONSEQUENTIAL AMENDMENTS) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
National Vocational Education and
Training Regulator (Consequential
Amendments) Bill 2011
No. , 2011
(Education, Employment and Workplace Relations)
A Bill for an Act to deal with consequential matters
arising from the enactment of the National
Vocational Education and Training Regulator Act
2011, and for related purposes
i National Vocational Education and Training Regulator (Consequential Amendments) Bill
2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
3
Schedule 1--Consequential amendments
4
Education Services for Overseas Students Act 2000
4
Higher Education Support Act 2003
11
Indigenous Education (Targeted Assistance) Act 2000
15
National Vocational Education and Training Regulator (Consequential Amendments) Bill 2011
No. , 2011 1
A Bill for an Act to deal with consequential matters
1
arising from the enactment of the National
2
Vocational Education and Training Regulator Act
3
2011, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the National Vocational Education and
7
Training Regulator (Consequential Amendments) Act 2011.
8
2 Commencement
9
(1)
Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2 National Vocational Education and Training Regulator (Consequential Amendments)
Bill 2011 No. , 2011
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
items 1 to 6
Immediately after the commencement of
section 3 of the National Vocational
Education and Training Regulator Act 2011.
3. Schedule 1,
item 7
Immediately after the commencement of
section 3 of the National Vocational
Education and Training Regulator Act 2011.
However, if Schedule 1 to the Education
Services for Overseas Students Legislation
Amendment Act 2011 commences before
that time, the provision(s) do not commence
at all.
4. Schedule 1,
item 8
Immediately after the commencement of
Schedule 1 to the Education Services for
Overseas Students Legislation Amendment
Act 2011.
However, if section 3 of the National
Vocational Education and Training
Regulator Act 2011 commences before that
time, the provision(s) do not commence at
all.
5. Schedule 1,
items 9 to 16
Immediately after the commencement of
section 3 of the National Vocational
Education and Training Regulator Act 2011.
6. Schedule 1,
item 17
Immediately after the commencement of
Schedule 1 to the Education Services for
Overseas Students Legislation Amendment
Act 2011.
7. Schedule 1,
items 18 to 33
Immediately after the commencement of
section 3 of the National Vocational
National Vocational Education and Training Regulator (Consequential Amendments) Bill 2011
No. , 2011 3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
Education and Training Regulator Act 2011.
8. Schedule 1,
item 34
Immediately after the commencement of
section 3 of the National Vocational
Education and Training Regulator Act 2011.
However, if Schedule 1 to the Higher
Education Support Amendment (No. 1) Act
2011 commences before that time, the
provision(s) do not commence at all.
9. Schedule 1,
item 35
Immediately after the commencement of
Schedule 1 to the Higher Education Support
Amendment (No. 1) Act 2011.
However, if section 3 of the National
Vocational Education and Training
Regulator Act 2011 commences before that
time, the provision(s) do not commence at
all.
10. Schedule 1,
items 36 to 55
Immediately after the commencement of
section 3 of the National Vocational
Education and Training Regulator Act 2011.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2)
Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Schedule 1 Consequential amendments
4 National Vocational Education and Training Regulator (Consequential Amendments)
Bill 2011 No. , 2011
Schedule 1--Consequential amendments
1
2
Education Services for Overseas Students Act 2000
3
1 Section 5 (definition of approved provider)
4
Omit "the designated authority", substitute "the relevant designated
5
authority".
6
2 Section 5 (definition of authorised employee)
7
Repeal the definition, substitute:
8
authorised employee means:
9
(a)
if, under subsection 170(2), the Secretary delegates a power
10
to the National VET Regulator which the Regulator considers
11
requires powers to be exercised under Part 7--a person who
12
is an authorised officer (within the meaning of the National
13
Vocational Education and Training Regulator Act 2011); or
14
(b)
a person who:
15
(i)
is authorised in writing by the Secretary to exercise
16
powers under Part 7; and
17
(ii)
is an employee in the Department; and
18
(iii)
holds the classification of APS 5 or higher, or an
19
equivalent classification.
20
3 Section 5 (definition of designated authority)
21
Repeal the definition, substitute:
22
designated authority for a State, in relation to a provider, means:
23
(a)
to the extent that the provider is an NVR registered training
24
organisation (within the meaning of the National Vocational
25
Education and Training Regulator Act 2011)--the National
26
VET Regulator; or
27
(b)
to the extent that the provider provides an English Language
28
Intensive Course for Overseas Students, a Foundation
29
program, or both--the entity determined by the Minister by
30
legislative instrument; or
31
(c)
in any other case--the person responsible under the law of
32
the State for approving providers to provide courses to
33
overseas students for the State.
34
Consequential amendments Schedule 1
National Vocational Education and Training Regulator (Consequential Amendments) Bill 2011
No. , 2011 5
4 Section 5
1
Insert:
2
ELICOS Standards has the meaning given by section 176B.
3
5 Section 5
4
Insert:
5
Foundation Program Standards has the meaning given by
6
section 176C.
7
6 Section 5
8
Insert:
9
National VET Regulator has the same meaning as in the National
10
Vocational Education and Training Regulator Act 2011.
11
7 At the end of paragraph 9(2)(c)
12
Add:
13
(iv)
if applicable, states that the provider meets the ELICOS
14
Standards; and
15
(v)
if applicable, states that the provider meets the
16
Foundation Program Standards; and
17
8 After subparagraph 9(2)(c)(iii)
18
Insert:
19
(iiia)
if applicable, states that the provider meets the ELICOS
20
Standards; and
21
(iiib)
if applicable, states that the provider meets the
22
Foundation Program Standards; and
23
9 At the end of paragraph 9A(2)(d)
24
Add:
25
(iv)
if applicable, states that the provider meets the ELICOS
26
Standards; and
27
(v)
if applicable, states that the provider meets the
28
Foundation Program Standards; and
29
10 Subsection 10(5)
30
Schedule 1 Consequential amendments
6 National Vocational Education and Training Regulator (Consequential Amendments)
Bill 2011 No. , 2011
After "is registered", insert "for a course".
1
11 Paragraph 14(1)(b)
2
Repeal the paragraph, substitute:
3
(b)
the source of the information is not the relevant designated
4
authority.
5
12 Subsection 14(2)
6
Repeal the subsection, substitute:
7
(2)
The Secretary must give the information to the relevant designated
8
authority.
9
13 Subsection 14(3)
10
Omit "the designated authority", substitute "the relevant designated
11
authority".
12
14 Paragraph 14A(1)(a)
13
Repeal the paragraph, substitute:
14
(a)
a provider is approved by a designated authority for a State to
15
provide courses to overseas students; and
16
(aa)
the designated authority has imposed a condition on the
17
provider relating to its provision of those courses; and
18
15 Paragraph 14A(2)(a)
19
Repeal the paragraph, substitute:
20
(a)
a provider is approved by a designated authority for a State to
21
provide courses to overseas students; and
22
(aa)
the designated authority has imposed a condition on the
23
provider relating to its provision of those courses; and
24
16 Subsection 14A(4)
25
Omit "the designated authority", substitute "the relevant designated
26
authority".
27
17 Paragraph 14B(1)(b)
28
Repeal the paragraph, substitute:
29
(b)
the relevant designated authority.
30
Consequential amendments Schedule 1
National Vocational Education and Training Regulator (Consequential Amendments) Bill 2011
No. , 2011 7
18 Paragraph 27(1B)(b)
1
Repeal the paragraph, substitute:
2
(b)
any advice of the relevant designated authority.
3
19 Subsection 43(1)
4
Repeal the subsection, substitute:
5
(1)
This section applies if:
6
(a)
the Secretary has information suggesting that a registered
7
provider for a State may have breached all or any of the
8
following:
9
(i)
the national code;
10
(ii)
the ELICOS Standards;
11
(iii)
the Foundation Program Standards; and
12
(b)
the source of the information is not a designated authority in
13
relation to the provider.
14
20 Subsection 43(2)
15
Omit "the designated authority", substitute "each relevant designated
16
authority".
17
21 Subsection 43(2)
18
Omit "the authority", substitute "one or more authorities".
19
22 Paragraph 43(3)(a)
20
Omit "the designated authority", substitute "each relevant designated
21
authority".
22
23 Paragraph 43(3)(b)
23
Omit "the designated authority", substitute "a relevant designated
24
authority".
25
24 Subsection 89(1)
26
Omit "the designated authority", substitute "the relevant designated
27
authority".
28
25 Subsection 89A(1)
29
Repeal the subsection, substitute:
30
Schedule 1 Consequential amendments
8 National Vocational Education and Training Regulator (Consequential Amendments)
Bill 2011 No. , 2011
(1)
If:
1
(a)
either:
2
(i)
a provider is approved by a designated authority for a
3
State to provide courses for a State; or
4
(ii)
a provider is approved by a designated authority for a
5
State to provide courses for a State and another
6
designated authority to provide other courses for the
7
State; and
8
(b)
the National VET Regulator is not a designated authority
9
mentioned in paragraph (a); and
10
(c)
a designated authority mentioned in paragraph (a) tells the
11
Secretary that the authority (having regard to the matters
12
referred to in subsection 9B(2)) is no longer satisfied that the
13
provider is fit and proper to be registered;
14
the registration of the provider (other than a provider covered by
15
subsection 9B(1)) is suspended for all courses for the State by
16
force of this subsection.
17
Note:
Section 95 sets out the effect of suspension.
18
(1A)
If:
19
(a)
the registration of a provider is suspended under
20
subsection (1); and
21
(b)
the provider is also approved by the National VET Regulator
22
to provide courses for a State;
23
the registration of the provider is also suspended for those courses
24
for all States by force of this subsection.
25
Note:
Section 95 sets out the effect of suspension.
26
(1B)
If:
27
(a)
either:
28
(i)
a provider is approved by the National VET Regulator
29
to provide courses; or
30
(ii)
a provider is approved by the National VET Regulator
31
and another designated authority to provide courses; and
32
(b)
the Regulator tells the Secretary that the Regulator (having
33
regard to the matters referred to in subsection 9B(2)) is no
34
longer satisfied that the provider is fit and proper to be
35
registered;
36
Consequential amendments Schedule 1
National Vocational Education and Training Regulator (Consequential Amendments) Bill 2011
No. , 2011 9
the registration of the provider (other than a provider covered by
1
subsection 9B(1)) is suspended for all courses for all States by
2
force of this subsection.
3
Note:
Section 95 sets out the effect of suspension.
4
26 Subsection 89A(2)
5
Omit "the designated authority", substitute "the relevant designated
6
authority".
7
27 Subsection 92B(1)
8
Omit "the designated authority" (first occurring), substitute "the
9
relevant designated authority".
10
28 Section 170
11
Repeal the section, substitute:
12
170 Delegation
13
Minister's delegation
14
(1)
The Minister may, by signed writing, delegate any or all of the
15
Minister's powers under this Act to:
16
(a)
the Secretary; or
17
(b)
the National VET Regulator; or
18
(c)
an SES employee or acting SES employee in the Department.
19
Secretary's delegation
20
(2)
The Secretary may, by signed writing, delegate any or all of the
21
Secretary's powers under this Act to:
22
(a)
the National VET Regulator; or
23
(b)
an SES employee or acting SES employee in the Department.
24
Subdelegation
25
(3)
If the Minister or the Secretary delegates a power under this
26
section to the National VET Regulator, the Regulator may, by
27
writing, subdelegate the power to a member of the staff of the
28
Regulator (within the meaning of the National Vocational
29
Education and Training Regulator Act 2011) who:
30
Schedule 1 Consequential amendments
10 National Vocational Education and Training Regulator (Consequential Amendments)
Bill 2011 No. , 2011
(a)
is an SES employee or acting SES employee; or
1
(b)
holds, or is acting in, an Executive Level 1 or 2, or
2
equivalent, position.
3
(4)
Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901
4
apply in relation to the subdelegation in a corresponding way to the
5
way in which they apply in relation to a delegation.
6
29 After section 176A
7
Insert:
8
176B ELICOS Standards
9
(1)
The Minister may, by legislative instrument, make the ELICOS
10
Standards.
11
(2)
Despite subsection 14(2) of the Legislative Instruments Act 2003,
12
the ELICOS Standards may apply, adopt or incorporate, with or
13
without modification, any matter contained in any other instrument
14
or writing, as existing:
15
(a)
at a particular time; or
16
(b)
from time to time.
17
176C Foundation Program Standards
18
(1)
The Minister may, by legislative instrument, make the Foundation
19
Program Standards.
20
(2)
Despite subsection 14(2) of the Legislative Instruments Act 2003,
21
the Foundation Program Standards may apply, adopt or
22
incorporate, with or without modification, any matter contained in
23
any other instrument or writing, as existing:
24
(a)
at a particular time; or
25
(b)
from time to time.
26
30 Saving of existing authorisations
27
(1)
A person who is an authorised employee within the meaning of the
28
definition of that expression in section 5 of the Education Services for
29
Overseas Students Act 2000 immediately before commencement,
30
continues to be, on and after commencement, an authorised employee as
31
Consequential amendments Schedule 1
National Vocational Education and Training Regulator (Consequential Amendments) Bill 2011
No. , 2011 11
if the person were authorised in writing by the Secretary in accordance
1
with that definition as substituted by this Schedule.
2
(2)
In this item:
3
commencement means the day this item commences.
4
31 Things done by, or in relation to, a designated authority
5
(1)
If, before commencement, a thing was done by, or in relation to, a
6
designated authority under the Education Services for Overseas
7
Students Act 2000, then the thing is taken, after commencement, to have
8
been done by, or in relation to, the relevant designated authority
9
(according to the definition of that expression as inserted by this
10
Schedule).
11
(2)
The Minister may, by writing, determine that subitem (1) does not apply
12
in relation to a specified thing done by, or in relation to, a designated
13
authority.
14
(3)
To avoid doubt, doing a thing includes making an instrument.
15
(4)
A determination under subitem (2) is not a legislative instrument.
16
(5)
In this item:
17
commencement means the day this item commences.
18
32 Saving of existing delegations
19
(1)
A delegation in force under section 170 of the Education Services for
20
Overseas Students Act 2000 immediately before commencement
21
continues to have effect, on and after commencement, as if it were a
22
delegation under that section as substituted by this Schedule.
23
(2)
In this item:
24
commencement means the day this item commences.
25
Higher Education Support Act 2003
26
33 Clause 1 of Schedule 1A
27
Omit "accredited".
28
34 Paragraph 6(c) of Schedule 1A
29
Schedule 1 Consequential amendments
12 National Vocational Education and Training Regulator (Consequential Amendments)
Bill 2011 No. , 2011
Repeal the paragraph, substitute:
1
(c)
the body is a
*
registered training organisation as listed on the
2
*
National Register; and
3
35 Paragraph 6(1)(c) of Schedule 1A
4
Repeal the paragraph, substitute:
5
(c)
the body is a
*
registered training organisation as listed on the
6
*
National Register; and
7
36 Subclause 9(1) of Schedule 1A
8
Repeal the subclause, substitute:
9
(1)
A body corporate that is a
*
registered training organisation may
10
apply, in writing, to the Minister for approval as a
*
VET provider.
11
37 After clause 9 of Schedule 1A
12
Insert:
13
9A Minister may seek information from relevant VET Regulator
14
For the purposes of approving a body corporate as a
*
VET
15
provider, the Minister may seek information from the relevant
16
*
VET Regulator that:
17
(a)
relates to the body corporate's application for approval as a
18
VET provider; or
19
(b)
relates to the body corporate's compliance, or ability to
20
comply, with the
*
VET quality and accountability
21
requirements.
22
38 Subclause 17(2) of Schedule 1A
23
Omit "in the
*
Australian Quality Training Framework", substitute ", or
24
referred to, in the
*
VET Provider Guidelines".
25
39 At the end of clause 17 of Schedule 1A
26
Add:
27
(3)
For the purpose of subclause (2), the
*
VET Provider Guidelines
28
may provide for different requirements for different classes of
29
*
VET providers.
30
Consequential amendments Schedule 1
National Vocational Education and Training Regulator (Consequential Amendments) Bill 2011
No. , 2011 13
(4)
Despite subsection 14(2) of the Legislative Instruments Act 2003,
1
the
*
VET Provider Guidelines may refer to a requirement by
2
applying, adopting or incorporating any matter contained in an
3
instrument or other writing as in force or existing from time to
4
time.
5
40 Clause 25 of Schedule 1A
6
Before "A", insert "(1)".
7
41 At the end of clause 25 of Schedule 1A
8
Add:
9
(2)
The notice must be given to the Minister as soon as practicable
10
after the
*
VET provider becomes aware of an event mentioned in
11
subclause (1).
12
42 After clause 25 of Schedule 1A
13
Insert:
14
25A Copy of notice given to National VET Regulator about material
15
changes
16
(1)
If a
*
VET provider gives the
*
National VET Regulator a notice
17
under section 25 of the National Vocational Education and
18
Training Regulator Act 2011, the provider must give a copy of the
19
notice to the Minister.
20
(2)
A copy of the notice must be given to the Minister at the same time
21
it must be given to the
*
National VET Regulator.
22
43 After subclause 26(2) of Schedule 1A
23
Insert:
24
(2A)
To avoid doubt, if the Minister makes a determination under
25
subclause (2) in relation to the
*
National VET Regulator, the
26
determination is not a direction for the purpose of subsection
27
160(2) of the National Vocational Education and Training
28
Regulator Act 2011.
29
44 After clause 29 of Schedule 1A
30
Insert:
31
Schedule 1 Consequential amendments
14 National Vocational Education and Training Regulator (Consequential Amendments)
Bill 2011 No. , 2011
29A Minister to notify relevant VET Regulator of cessation of
1
approval
2
If a body ceases to be approved as a
*
VET provider, the Minister
3
must ensure that the relevant
*
VET Regulator is notified, in
4
writing, of the cessation.
5
45 Clause 32 of Schedule 1A
6
Repeal the clause, substitute:
7
32 Revocation of approval as a provider if body ceases to be a
8
registered training organisation
9
The Minister may revoke a body's approval as a
*
VET provider if:
10
(a)
the body ceases to be listed as a
*
registered training
11
organisation on the
*
National Register; and
12
(b)
the Minister complies with the requirements of clause 34.
13
46 Paragraph 33(2)(d) of Schedule 1A
14
Omit "
*
accredited VET courses", substitute "
*
VET courses of study".
15
47 Before clause 34 of Schedule 1A
16
Insert:
17
34A Minister may seek information from relevant VET Regulator
18
For the purpose of deciding whether it is appropriate to:
19
(a)
revoke a body's approval as a
*
VET provider; or
20
(b)
determine that a body's approval as a
*
VET provider is to be
21
suspended;
22
the Minister may seek information from the relevant
*
VET
23
Regulator.
24
48 Subclause 1(1) of Schedule 1 (definition of accredited VET
25
course)
26
Repeal the definition.
27
49 Subclause 1(1) of Schedule 1
28
Insert:
29
Consequential amendments Schedule 1
National Vocational Education and Training Regulator (Consequential Amendments) Bill 2011
No. , 2011 15
National Register has the same meaning as in the National
1
Vocational Education and Training Regulator Act 2011.
2
50 Subclause 1(1) of Schedule 1
3
Insert:
4
National VET Regulator has the same meaning as in the National
5
Vocational Education and Training Regulator Act 2011.
6
51 Subclause 1(1) of Schedule 1 (definition of NTIS)
7
Repeal the definition.
8
52 Subclause 1(1) of Schedule 1
9
Insert:
10
registered training organisation has the same meaning as in the
11
National Vocational Education and Training Regulator Act 2011.
12
53 Subclause 1(1) of Schedule 1
13
Insert:
14
VET Regulator has the same meaning as in the National
15
Vocational Education and Training Regulator Act 2011.
16
54 Application
17
(1)
Clause 9A of Schedule 1A to the Higher Education Support Act 2003
18
(as inserted by this Act) applies in relation to an application for
19
approval made before, on or after this item commences.
20
(2)
Subclause 17(2) of Schedule 1A to the Higher Education Support Act
21
2003 (as inserted by this Act) applies in relation to an application for
22
approval made before, on or after this item commences.
23
Indigenous Education (Targeted Assistance) Act 2000
24
55 Section 4 (definition of vocational education and training
25
institution)
26
Repeal the definition, substitute:
27
Schedule 1 Consequential amendments
16 National Vocational Education and Training Regulator (Consequential Amendments)
Bill 2011 No. , 2011
vocational education and training institution means an institution
1
in a State or Territory that:
2
(a)
is a registered training organisation (within the meaning of
3
the National Vocational Education and Training Regulator
4
Act 2011); and
5
(b)
provides VET courses (within the meaning of that Act); and
6
(c)
is not conducted for profit.
7