NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 (NO. 12, 2011)
NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 (NO.
12, 2011)
TABLE OF PROVISIONS
Long Title
PART 1--INTRODUCTION
Division 1--Preliminary
1. Short title
2. Commencement
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
146. Acceptance of undertakings
147. Enforcement of 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
217. Development of strategic plan
218. Approval of strategic plan
219. Variation of strategic plans
Division 2--Annual operational plans
220. Development of annual operational plan
221. Variation of annual operational plan
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
