Commonwealth Numbered Acts

AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SCHEDULE

                              SCHEDULE                     Section 4

A NATIONAL VOCATIONAL EDUCATION AND TRAINING SYSTEM OBJECTIVES 1. In
supporting the proposal for an Australian National Training Authority (ANTA),
the main aim would be to promote: . a national vocational education and
training system, with agreed objectives and priorities, assured funding
arrangements, consistent national strategies and a network of providers
delivering high quality, nationally recognised programs at the State and local
level; . close interaction between industry and vocational education and
training providers, to ensure that the training system operates within a
strategic plan that reflects industry's needs and priorities; . an effective
training market, with public and private provision of both high level,
advanced technical training and further education opportunities for the
workforce and for the community generally; . an efficient and productive
network of publicly funded providers that can compete effectively in the
training market; . increased opportunities and improved outcomes for
individuals and target groups, including school leavers, to enhance their
employment outcomes; and . improved cross-sectoral links between schools,
higher education and vocational education and training. FRAMEWORK 2. The new
National System would have the following key features: . a Ministerial Council
to oversee the ANTA and to be responsible for decisions on strategic policy,
national objectives and priorities
- decision making by the Ministerial Council will be on the basis of voting by
all of its members . an ANTA responsible for the development of, and advice
on, national policy and the development of a draft National Strategic Plan on
vocational education and training, within the framework of National Goals,
Objectives and Priorities established by the Ministerial Council and for
endorsement by the Ministerial Council . State training agencies ++as distinct
bodies in the context of a National Training System with responsibility for
vocational education and training within their own borders consistent with the
agreed National Strategic Plan on Training Policy and the agreed State
Training Profile. State training agencies will be accountable to State
Ministers and parliaments for the operational responsibilities of their
agencies and accountable to the Ministerial Council on matters of national
policy. The relationship between State training agencies and ANTA will be
formally defined in Commonwealth and State legislation consistent with this
agreement.
++One such agency to be designated by each State as the co-ordinating point
for the purpose of this agreement and to be listed in the relevant schedule.
KEY PLANNING INSTRUMENTS 3. Planning processes for the new National System
would involve the following key planning instruments: . Agreed National Goals,
Objectives and Priorities
- these constitute the long term, broad policy framework for the National
Vocational Education and Training System and would include Common and Agreed
National Goals for Vocational Education and Training, long-term participation
targets (such as those arising from the Finn Report), priorities for
longer-term reform (such as reforms to entry-level training arrangements) and
any agreed improvements in the cost and quality of service provision. . A
National Strategic Plan for Vocational Education and Training
- setting strategic directions for the vocational education and training
system over the medium term (3 to 5 years) consistent with agreed national
goals, objectives and priorities
- endorsed by the Ministerial Council to provide a national strategic
framework to guide the operations of the ANTA. . Planning Parameters
- setting firm targets and priorities for the provision and support of
vocational education and training for the year ahead and indicative parameters
for the following two years on the basis of funds already approved
- determined by the Ministerial Council, for inclusion in the guidelines
issued to the ANTA for the development of profiles with the State training
agencies. . Profiles
- within the ambit of ANTA's responsibilities (see paragraph 36), defining a
single and comprehensive plan for the provision and support of vocational
education and training (in terms of level and type of course provision, other
training services and infrastructure development) for the year ahead and
outlining an indicative plan for the following two years
: at the State level and, in aggregate, at the national level
- agreed by the Ministerial Council. ROLES AND RESPONSIBILITIES OF THE KEY
PARTIES THE MINISTERIAL COUNCIL 4. The Council will consist of one Minister
from each State and Territory and the Commonwealth responsible for vocational
education and training and will be chaired by the Commonwealth. 5. On the
Ministerial Council, each State and Territory Minister will have one vote
while the Commonwealth Minister will have two votes and a casting vote. All
matters will be decided by a simple majority. 6. The functions of the
Ministerial Council would include: . to agree on necessary Commonwealth and
State legislation establishing the ANTA and defining the relationship between
the ANTA, the Ministerial Council and State training agencies . to decide on
the appointment of members of the ANTA and their removal . to decide on the
appointment of the chairperson of the ANTA . to determine the budget for, and
establishment of, the ANTA including relevant aspects of staffing policy . to
determine National Goals, Objectives and Priorities for vocational education
and training . to determine a National Strategic Plan on Training Policy based
on advice from the ANTA, consistent with agreed National Goals, Objectives and
Priorities . to determine, in the context of the National Strategic Plan, the
principles to be applied for the allocation of funding between States and for
any national programs . to provide annual advice to assist the Commonwealth
Minister in Commonwealth decisions on growth funding requirements . to agree
planning parameters and profiles for the delivery of vocational education and
training nationally . to ensure that the ANTA operates in an effective and
efficient manner . to resolve any dispute between the ANTA and a State
training agency or any other issue raised by a Minister . to give references
to the ANTA on other issues of training policy . to be accountable to State
and Commonwealth Parliaments for the operation of the ANTA and the expenditure
of funds . to approve an annual national training report.
AUSTRALIAN NATIONAL TRAINING AUTHORITY (ANTA) 7. The ANTA will be a Board of
acknowledged independent experts set up as a Commonwealth statutory authority
with members appointed through the Commonwealth Executive Council consistent
with the decision of the Ministerial Council. 8. It will consist of 5 members
appointed for three years. 9. The functions of the ANTA will include: . based
on advice from State training agencies and, where appropriate, in consultation
with National Industry Training Advisory Bodies (ITABs), to develop for the
consideration of the Ministerial Council:
- a draft National Strategic Plan; and
- aspects of training policy in response to references from the
Ministerial Council . to initiate draft references on aspects of training
policy, for the approval of the Ministerial Council . to advise the
Ministerial Council, in the context of the National Strategic Plan, of the
principles to be applied for the allocation of funding between States . to
provide information and advice to the Ministerial Council to assist the
Commonwealth Minister to make decisions on growth funding levels . to provide
information and advice to assist the Ministerial Council to make decisions on
planning parameters . to develop, in conjunction with State training agencies,
detailed State Training Profiles based on the National Strategic Plan once
approved by the Ministerial Council, and to submit the Profiles to the
Ministerial Council with advice on the agreement or otherwise which has been
reached in their development . to develop, in conjunction with State training
agencies, an efficient and quality service provision . to receive from each
State an amount at least equal to the amount of its own source funding for
vocational education and training in that State (see paragraph 31) . to
receive Commonwealth funds for vocational education and training (see
paragraph 36) . to allocate and remit funding to the State training agencies
on the basis of principles determined by the Ministerial Council and on
condition that each will receive an amount at least equivalent to that which
that State has provided to the ANTA . to administer any programs agreed by the
Ministerial Council as requiring national delivery within guidelines approved
by the Ministerial Council . to be responsible for ensuring that comprehensive
up-to-date national statistical data are available on relevant aspects of
training . to provide an integrated annual report for approval by the
Ministerial Council which incorporates reports received from State training
agencies in an agreed format. STATE TRAINING AGENCIES 10. State training
agencies will be distinct bodies in the context of a national training system
with responsibility for vocational education and training within their own
borders consistent with the agreed national strategic plan on training policy
and the agreed state training profile. State training agencies will be
accountable to State Ministers and parliaments for the operational
responsibilities of their agencies and accountable to the Ministerial Council
on matters of national policy. The relationship between State training
agencies and ANTA will be formally defined in Commonwealth and State
legislation consistent with this agreement. 11. The functions of the State
training agencies will include: . to provide to the ANTA policy advice and
information on training needs and the funding implications of these needs,
developed in consultation with all interested stakeholders including State
government and industry . to develop, in conjunction with the ANTA, detailed
State Training Profiles based on the National Strategic Plan and in accordance
with agreed planning parameters . to ensure that the management of the State
training system including the planning, regulation and provision of public and
private training at State and Territory level is in accordance with the
National Strategic Plan and agreed State Profile
- including the allocation of resources within individual States and
Territories on a program and geographic basis . to provide annually to the
ANTA a report on performance in an agreed format to enable the compilation of
an annual integrated report for approval by the Ministerial Council in
addition to any reporting required by the relevant state. INDUSTRY 12.
Industry would be involved in key aspects of the new National System,
including . through membership on the ANTA, by participating in the
development of national policy and priorities . through participation in the
State training agencies and involvement in the development of
State Training profiles and, in addition, . the National ITABs will be a key
source of advice to the ANTA in the development of national policy and
priorities . State ITABs will be consulted in the development of State
Profiles and provide input to national plans to the State training agencies. .
The precise industry consultative mechanism at the State level will be a
matter for the State government. It is envisaged that consultative mechanisms
will also involve other stakeholders. MAIN DECISION MAKING PROCESSES 13. The
Ministerial Council will develop and endorse agreed national objectives and
priorities for vocational education and training. 14. State training agencies
will provide data and advice to the ANTA on the needs and priorities of the
sector, including funding implications. 15. State training agencies' input
will be compiled in consultation with other relevant stakeholders as
appropriate. 16. The input from the State training agencies is aggregated by
the ANTA and considered in the context of national objectives, priorities and
needs. 17. The ANTA will prepare a draft National Strategic Plan setting
strategic directions for vocational education and training system over the
medium term (3 to 5 years). The draft National Strategic Plan will be based on
the national objectives and priorities endorsed by Ministers, input from State
training agencies and consideration of national issues. The draft Plan will
also address issues of efficiency and effectiveness. The draft
National Strategic Plan and draft principles to be applied for the allocation
of funds between the States, will be forwarded to the Ministerial Council for
approval. 18. The ANTA will also prepare, for the Ministerial Council's
consideration, advice on the triennial planning parameters focussing on the
following program year. 19. The States and the Commonwealth will jointly fund
the vocational education and training system through the ANTA (subject to any
State's decision to hand over responsibility to the Commonwealth). States will
maintain (and in some cases lift) their current effort, as outlined below. The
Commonwealth will fund growth for the sector on a continuing basis and, for
1993-95, provide funding as outlined in One Nation. The ANTA will provide
information and advice to the Ministerial Council to assist the Commonwealth
Minister to make decisions on growth funding levels. 20. The
Ministerial Council will amend and/or approve the National Strategic Plan and
the planning parameters. 21. The Ministerial Council will return the approved
National Strategic Plan and the planning parameters to the ANTA for use in the
development of detailed planning profiles in conjunction with each
State training agency. 22. Following Budget decisions, the Ministerial Council
will provide the ANTA with advice on the quantum of funds available. It will
also transmit the principles to be applied by ANTA to determine the allocation
of funds across the States. 23. State training agencies will develop in
conjunction with the ANTA detailed State Training Profiles based on the
National Strategic Plan and consistent with the planning parameters. 24. The
ANTA will advise the Ministerial Council on the agreement or otherwise which
has been reached in the development of the State Profile and remit the State
Profile to the Ministerial Council. 25. Where the ANTA and the
State training agency cannot reach agreement about the profile, the matter
will be referred to the Ministerial Council for resolution. 26. Once approved
by the Ministerial Council, the planning profile will be implemented. 27.
State training agencies will have responsibility for implementation of
approved State Training Profiles within their borders. 28. Within the scope of
the ANTA's responsibilities, training programs and services will be managed
through State training agencies except for programs agreed by the
Ministerial Council as requiring national delivery which would be administered
by the ANTA within guidelines approved by the Ministerial Council. 29. Each
State training agency will provide annually to the ANTA a report on
performance in an agreed format and ANTA will provide an annual integrated
Report to the Ministerial Council for tabling in respective Parliaments.
FUNDING ARRANGEMENTS 30. Except where a State relinquishes financial
responsibility, States will pass to the ANTA an amount equal to their
own-source State funding for vocational education and training. An equal
amount will be returned to respective States and Territories along with the
Commonwealth funds as specified in paragraphs 32 and 33. 31. States will at
least maintain their effort for vocational education and training on an
ongoing basis. The Commonwealth and States are committed to the development of
agreed outcomes measures of effort for agreement by the commencement of 1993.
Pending such agreement being reached and agreement to a timetable for
subsequent implementation, States will maintain 1992 effort in real terms. On
the basis of an early move to measure the vocational education and training
system in each State on an outcome basis, any State which is demonstrably
underachieving would agree to increase its effort to an agreed level in
outcome terms. In the interim there may be agreed arrangements for those
States to increase their funding contributions. 32. The Commonwealth will
maintain its current level of financial support for vocational education and
training under States Grants arrangements, plus the $100m in TAFE recurrent
funding provided in the Economic Statement of November 1991 which will be
distributed under existing arrangements. 33. The Commonwealth will provide
growth funding on a continuing basis, including the $70m nationally in each
year of the 1993-95 triennium as announced in One Nation. All growth funding
for calendar 1993 will be allocated on a proportional basis in accordance with
relevant population shares. For 1994 and 1995, 80 per cent of cumulative
growth funds (ie, $112m in 1994 and $168m in 1995) will be allocated on the
same basis, with the balance to be allocated by the Ministerial Council on the
recommendation of ANTA having regard to assessed performance against agreed
objectives and other relevant factors. 34. The funds described in paragraphs
32 and 33 will be passed to the ANTA, for on passing to State training
agencies or to other parties as appropriate in the case of agreed
national projects. For any given year, pending the agreement by the
Ministerial Council regarding the State Profile, the State training agency
will continue to operate on the basis of the funds and Profile agreed for the
previous year. When agreement is reached the growth provisions prescribed in
paragraph 33 will obtain. 35. All States will share in growth funds according
to principles established by the Ministerial Council except insofar as the
circumstances outlined in paragraph 34 would prevent a State or Territory
accessing growth funds for a particular year. 36. To the maximum extent
possible, Commonwealth government-funded training programs should be funded
through ANTA arrangements. Existing Commonwealth programs should be allocated
on a functional basis in accordance with a set of guiding principles. Under
those principles: . the Commonwealth would retain responsibility for those
programs which:
- cover employment and migration and relate directly to its own areas of
responsibility;
- provide income support to individuals or training subsidies to employers;
- are counter-cyclical in nature; or
- provide training opportunities to client groups for which the Commonwealth
has a special responsibility (eg, Aboriginals); . State governments would
assume responsibility for those programs which relate directly to their own
responsibilities for the regulation and delivery of training and which do not
have a broader national purpose; . furthermore ANTA should be advised on
Commonwealth labour market programs and report on their impact on national
vocational education and training policy and on State Training Profiles; . all
general recurrent and capital grants to TAFE currently provided under States
Grants (TAFE Assistance) legislation would be passed to ANTA under the
arrangements set out at paragraph 34 above. In addition, ANTA would assume
responsibility for programs which support training activities and services
which are national in scope and purpose (this includes after its establishment
the national aspects of the new Australian Vocational Certificate Training
System); and provide operating support for the national
Industry Training Advisory Body (ITAB) network; . existing arrangements would
continue to apply in relation to the National Training Board, and the National
Centre for Vocational Education Research which would report to the
Ministerial Council. The Commonwealth and the States remain committed to
improvements in coordination and planning arrangements for the training
elements of labour market programs, consistent with the MOVEET resolutions of
August 1991 and June 1992. The role of ANTA in this respect will need to be
developed and this and any other matters which are left unresolved by the
provisions of paragraph 36 should be resolved before 1 September 1992. 37.
Subject to paragraph 38, if a State(s) were to relinquish financial
responsibility for vocational education and training (by way of an adjustment
to its FAGs) but others do not, there would be no disturbance to the
determination of per capita relativities by the Commonwealth Grants
Commission. That is, the following principles would apply . that vocational
education and training continue to form part of the fiscal equalisation
process . any recurrent Commonwealth own purpose outlays (replacing former
State outlays) should be treated as notional SPPs in the State where the
expenditure occurs . such notional SPPs should be treated by the inclusion
approach. 38. Grants Commission treatment would have to be kept under review
by the Premiers' Conference in the light of the number of States relinquishing
financial responsibility. 39. A State that relinquishes funding responsibility
for vocational education and training would retain its voting rights on the
Ministerial Council. 40. This agreement comes into force on 1 January 1994.
Transitional arrangements, including provision for an interim Board of the
ANTA, will be determined by the Ministerial Council by 1 September 1992. The
agreement will be subject to review before the end of 1995.