NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 (NO. 12, 2011)
Table of Provisions
PART 1--INTRODUCTION
Division 1--Preliminary
Division 2--Definitions
- 3 Definitions
Division 3--Constitutional basis for this Act and the Transitional Act
- 4 Constitutional basis for this Act and the Transitional Act
- 5 Meaning of referring State
- 6 Meaning of referred VET matters
- 7 Meaning of non-referring State
- 8 When application of this Act takes effect
- 9 Immunity from State and Territory laws
- 10 When this Act does not apply--exclusion by a law of a referring State or a Territory
- 11 Addressing inconsistency between Commonwealth and State and Territory laws
Division 4--General application of this Act and the Transitional Act
- 12 Acts bind the Crown
- 13 Acts not to apply so as to exceed Commonwealth power
- 14 Extension of Acts to external Territories
- 15 Extra-territorial application
PART 2--REGISTRATION
Division 1--Registering as an NVR registered training organisation
Subdivision A--Applying for registration- 16 Application for registration
- 17 Registration
- 18 National VET Regulator to notify applicant of decision on registration
- 19 National VET Regulator to issue certificate of registration
- 20 Commencement and duration of registration Subdivision B--Conditions of registration
- 21 Complying with conditions
- 22 Condition--compliance with the VET Quality Framework
- 23 Condition--satisfying Fit and Proper Person Requirements
- 24 Condition--satisfying the Financial Viability Risk Assessment Requirements
- 25 Condition--notifying National VET Regulator of material changes
- 26 Condition--other information must be provided
- 27 Condition--cooperation
- 28 Condition--compliance with directions given by the National VET Regulator
- 29 Other conditions
- 30 National VET Regulator to notify NVR registered training organisation of change in conditions of registration Subdivision C--Renewing registration
- 31 Renewal of registration
Division 2--Changing the scope of registration
- 32 Application for change of scope of registration
- 33 Change of scope of registration
- 34 National VET Regulator to notify applicant of decision on change of scope of registration
Division 3--Ensuring compliance with the VET Quality Framework
Subdivision A--Audits- 35 Audits Subdivision B--Administrative sanctions
- 36 Sanctions
- 37 Natural justice requirements
- 38 Suspension
- 39 Cancellation
- 40 Other enforcement action
Division 4--Requests for reassessment
- 41 Requests for reassessment
Division 5--Withdrawing registration
- 42 Withdrawing registration
PART 3--ACCREDITATION OF COURSES
Division 1--Applying for accreditation
- 43 Application for accreditation
- 44 Accreditation of course
- 45 National VET Regulator to notify applicant of decision on accreditation of course
- 46 Commencement and duration of accreditation
Division 2--Conditions of accreditation
- 47 Complying with conditions
- 48 Conditions
- 49 National VET Regulator to notify relevant person of change in conditions of accreditation
Division 3--Renewing accreditation
- 50 Renewal of accreditation
Division 4--Amending VET accredited courses
- 51 Amending VET accredited courses
Division 5--Cancelling accreditation
- 52 Cancelling accreditation
- 53 National VET Regulator to notify relevant persons of proposed cancellation
- 54 When cancellation takes effect
PART 4--NATIONAL VET REGULATOR'S POWER TO ISSUE AND CANCEL VET QUALIFICATIONS ETC.
Division 1--Issue of VET qualifications and VET statements of attainment
- 55 National VET Regulator may issue VET qualifications and VET statements of attainment
Division 2--Cancellation of VET qualifications and VET statements of attainment
Subdivision A--Cancellation- 56 National VET Regulator may cancel VET qualifications and VET statements of attainment
- 57 National VET Regulator to notify person concerned of proposed cancellation
- 58 National VET Regulator's consideration of response
- 59 When cancellation takes effect Subdivision B--Civil penalties
- 60 Civil penalty--failure to return VET qualification or VET statement of attainment
- 61 Civil penalty--use of cancelled VET qualification or VET statement of attainment
PART 5--INVESTIGATIVE POWERS
Division 1--Requiring people to give information and produce documents or things
Subdivision A--Requests by National VET Regulator- 62 Request to person who is, or was, connected with a registered training organisation
- 63 National VET Regulator may retain documents and things Subdivision B--Offence and related provisions
- 64 Failure to comply with National VET Regulator's request
- 65 Self-incrimination etc.
Division 2--Searches of premises
Subdivision A--Exercising monitoring or enforcement powers- 66 Authorised officer may enter premises by consent or under a warrant
- 67 Monitoring powers of authorised officers
- 68 Enforcement powers of authorised officers
- 69 Persons assisting authorised officers
- 70 Use of force in executing a warrant
- 71 Authorised officer may ask questions and seek production of documents Subdivision B--Obligations and incidental powers of authorised officers
- 72 Consent
- 73 Announcement before entry under warrant
- 74 Authorised officer to be in possession of warrant
- 75 Details of warrant etc. to be given to occupier
- 76 Expert assistance to operate electronic equipment
- 77 Compensation for damage to electronic equipment Subdivision C--Occupier's rights and responsibilities
- 78 Occupier entitled to observe execution of warrant
- 79 Occupier to provide authorised officer with facilities and assistance Subdivision D--General provisions relating to seizure
- 80 Copies of seized things to be provided
- 81 Receipts for things seized
- 82 Return of seized things
- 83 Magistrate may permit a thing to be retained
- 84 Disposal of things Subdivision E--Warrants
- 85 Monitoring warrants
- 86 Issue of enforcement warrants
- 87 Enforcement warrants by telephone, fax etc.
- 88 Offence relating to warrants by telephone, fax etc. Subdivision F--Appointment of authorised officers and issue of identity cards
- 89 Appointment of authorised officers
- 90 Identity cards Subdivision G--Powers of magistrates
- 91 Federal Magistrates--consent to nomination
- 92 Magistrates--personal capacity
PART 6--ENFORCEMENT
Division 1--Offences and civil penalty provisions
Subdivision A--Conduct by NVR registered training organisations- 93 Offence--providing all or part of VET course outside scope of registration
- 94 Civil penalty--providing all or part of VET course outside scope of registration
- 95 Offence--issuing VET qualification outside scope of registration
- 96 Civil penalty--issuing VET qualification outside scope of registration
- 97 Offence--issuing VET statement of attainment outside scope of registration
- 98 Civil penalty--issuing VET statement of attainment outside scope of registration
- 99 Offence--advertising all or part of VET course outside scope of registration
- 100 Civil penalty--advertising all or part of VET course outside scope of registration
- 101 Offence--certain conduct prohibited while scope of registration suspended
- 102 Civil penalty--certain conduct prohibited while scope of registration suspended
- 103 Offence--issuing VET qualification without providing adequate assessment
- 104 Civil penalty--issuing VET qualification without providing adequate assessment
- 105 Offence--issuing VET statement of attainment without providing adequate assessment
- 106 Civil penalty--issuing VET statement of attainment without providing adequate assessment
- 107 Offence--issuing VET qualification without ensuring adequate assessment
- 108 Civil penalty--issuing VET qualification without ensuring adequate assessment
- 109 Offence--issuing VET statement of attainment without ensuring adequate assessment
- 110 Civil penalty--issuing VET statement of attainment without ensuring adequate assessment
- 111 Civil penalty--breach of condition of registration
- 112 Civil penalty--failure to return certificate of registration
- 113 Geographical jurisdiction Subdivision B--Conduct that is prohibited if not an NVR registered training organisation
- 114 Offence--falsely claiming to be an NVR registered training organisation
- 115 Civil penalty--falsely claiming to be an NVR registered training organisation
- 116 Offence--providing, or offering to provide, all or part of a VET course without registration
- 117 Civil penalty--providing, or offering to provide, all or part of a VET course without registration
- 118 Offence--issuing VET qualification
- 119 Civil penalty--issuing VET qualification
- 120 Offence--issuing VET statement of attainment
- 121 Civil penalty--issuing VET statement of attainment Subdivision C--Other prohibited conduct
- 122 Offence--making false or misleading representation in advertisement
- 123 Civil penalty--making false or misleading representation in advertisement
- 124 Offence--making false or misleading representation relating to VET course or VET qualification
- 125 Civil penalty--making false or misleading representation relating to VET course or VET qualification
- 126 Offence--purporting to issue VET qualification
- 127 Civil penalty--purporting to issue VET qualification
- 128 Offence--purporting to issue VET statement of attainment
- 129 Civil penalty--purporting to issue VET statement of attainment
- 130 Civil penalty--breach of condition of accreditation
- 131 Civil penalty--using a bogus VET qualification or VET statement of attainment
- 132 Geographical jurisdiction Subdivision D--Executive officers
- 133 Liability of executive officer of registered training organisation
- 134 Reasonable steps to prevent offence or contravention Subdivision E--Partnerships
- 135 Liability of partners in partnerships Subdivision F--Unincorporated associations
- 136 Liability of members of unincorporated associations
Division 2--Civil penalty proceedings
Subdivision A--Obtaining an order for a civil penalty- 137 Federal Court or Federal Magistrates Court may impose pecuniary penalty
- 138 Involvement in contravening civil penalty provision
- 139 Recovery of a pecuniary penalty
- 140 Gathering information for application for pecuniary penalty
- 141 Continuing and multiple contraventions of civil penalty provisions Subdivision B--Civil penalty proceedings and criminal proceedings
- 142 Civil proceedings after criminal proceedings
- 143 Criminal proceedings during civil proceedings
- 144 Criminal proceedings after civil proceedings
- 145 Evidence given in proceedings for civil penalty not admissible in criminal proceedings
Division 3--Enforceable undertakings
Division 4--Infringement notices
- 148 Infringement notices in respect of offences
- 149 Infringement notices in respect of civil penalty provisions
Division 5--Injunctions
- 150 Injunctions
- 151 Interim injunctions
- 152 Discharge etc. of injunctions
- 153 Certain limits on granting injunctions not to apply
- 154 Other powers of the Federal Court or Federal Magistrates Court unaffected
PART 7--NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR
Division 1--Establishment, functions and powers of Regulator
- 155 Establishment
- 156 Constitution
- 157 Functions of the National VET Regulator
- 158 Financial Viability Risk Assessment Requirements
- 159 Independence of the National VET Regulator
- 160 Minister may give directions to the National VET Regulator
- 161 National VET Regulator has privileges and immunities of the Crown
Division 2--Appointment of Commissioners
- 162 Appointment
- 163 Term of appointment
- 164 Remuneration and allowances
- 165 Leave of absence
- 166 Outside employment
- 167 Disclosure of interests to the Minister
- 168 Other terms and conditions
- 169 Resignation
- 170 Termination of appointment
- 171 Acting Chief Commissioner
- 172 Acting Commissioners
Division 3--National VET Regulator procedures
Subdivision A--Meetings- 173 Times and places of meetings
- 174 Conduct of meetings
- 175 Disclosure of interests Subdivision B--Decisions without meetings
- 176 Decisions without meetings
- 177 Record of decisions
Division 4--Ensuring compliance with the Standards for VET Regulators
- 178 National VET Regulator to cooperate with assessments
Division 5--Chief Executive Officer
- 179 Chief Executive Officer
- 180 Functions and powers of the Chief Executive Officer
- 181 Minister may give directions to Chief Executive Officer
Division 6--Staff and consultants
- 182 Staff
- 183 Staff to be made available to the National VET Regulator
- 184 Consultants
PART 8--COMMONWEALTH-STATE ARRANGEMENTS
Division 1--Role of Ministerial Council
Subdivision A--NVR registered training organisations- 185 Standards for NVR Registered Training Organisations
- 186 Fit and Proper Person Requirements
- 187 Data Provision Requirements Subdivision B--VET accredited courses
- 188 Standards for VET Accredited Courses Subdivision C--VET Regulators
- 189 Standards for VET Regulators
- 190 Risk Assessment Framework Subdivision D--Miscellaneous
- 191 How the Ministerial Council gives agreement
Division 2--Conferral of functions and powers by State law
Subdivision A--Conferral of functions and powers- 192 Commonwealth consent to conferral of functions etc. on the National VET Regulator by corresponding State laws
- 193 Meaning of imposes a duty
- 194 When duty imposed
- 195 Duty imposed by corresponding State law applying Commonwealth law Subdivision B--Jurisdiction of federal courts
- 196 Conferral of jurisdiction on federal courts Subdivision C--Administrative decisions
- 197 Review of certain decisions under State laws Subdivision D--Application to the Australian Capital Territory and the Northern Territory
- 198 Application to the Australian Capital Territory and the Northern Territory
PART 9--ADMINISTRATIVE LAW MATTERS
Division 1--Review of decisions
- 199 Reviewable decisions
- 200 Applications for reconsideration of decisions
- 201 Reconsideration by the National VET Regulator
- 202 Deadline for reconsideration
- 203 Review by the Administrative Appeals Tribunal
Division 2--Information management
Subdivision A--Unauthorised disclosure- 204 Unauthorised disclosure of VET information Subdivision B--Information sharing
- 205 Disclosure of information by National VET Regulator
- 206 Advising State/Territory Education Ministers about concerns or proposed cancellation of registration
- 207 Disclosure of information to occupational licensing bodies etc.
- 208 Disclosure of information in accordance with international cooperative arrangements
- 209 Release of information to the public
- 210 Disclosure of information to the National VET Regulator Subdivision C--VET student records
- 211 VET student records to be provided to National VET Regulator--executive officers etc.
- 212 National VET Regulator may request VET student records to be provided to Regulator
- 213 Transfer of VET student records to another registered training organisation
- 214 National VET Regulator's management of VET student records
PART 10--REPORTING REQUIREMENTS
- 215 Annual report
- 216 National Register
PART 11--STRATEGIC AND ANNUAL OPERATIONAL PLANS
Division 1--Strategic plans
Division 2--Annual operational plans
Division 3--Compliance with plans
- 222 Compliance with plans
PART 12--MISCELLANEOUS
Division 1--Delegations
- 223 Delegation by the Minister
- 224 Delegation by the National VET Regulator--government authorities etc.
- 225 Delegation by the National VET Regulator--occupational licensing bodies and other industry bodies
- 226 Delegation by the National VET Regulator--NVR registered training organisations
Division 2--Provisions affecting partnerships
- 227 Partnerships--rights and obligations
- 228 Continuity of partnerships
- 229 Partnership ceases to exist
Division 3--Provisions affecting unincorporated associations
- 230 Unincorporated associations--rights and obligations
- 231 Unincorporated association ceases to exist
Division 4--Miscellaneous
- 232 Fees
- 233 Protection from civil actions
- 234 Compensation for acquisition of property
- 235 Regulations