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VOCATIONAL EDUCATION AND TRAINING ACCREDITATION
BILL 1990*
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The objects of this Bill are:
(a) to establish the Vocational Education and Training Accreditation Board
and to define its functions; and
(b) to provide for the accreditation of vocational courses; and
(c) to enact other provisions of a minor, consequential or ancillary nature.
References in this Bill to monetary penalties are expressed in penalty units. Under
section 56 of the Interpretation Act 1987, 1 penalty unit is currently equivalent to
$100.
PART 1 - PRELIMINARY
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation
Clause 3 specifics the objects of the proposed Act as being:
(a) to provide for the accreditation of courses of vocational education and
training conducted within New South Wales; and
(b) to promote consistency of standards in vocational education and training;
and
(c) to encourage the recognition of courses of vocational education and training
that are accredited under the proposed Act.
* Amended in committee - see table at end of volume.
Vocational Education and Training Accreditation 1990
Clause 4 defines certain expressions (in particular, "authorised accrediting body",
"Board", "education or training provider", "relevant authority", "relevant guidelines"
and "vocational course") for the purposes of the proposed Act.
PART 2 - CONSTITUTION AND FUNCTIONS OF THE BOARD
Clause 5 provides for the constitution of a Vocational. Education and Training
Accreditation Board that is to consist of 10 members, of whom one is to be a full-time
General Manager and 9 are to be part-time members. One of the part-time members
is to be the Chairperson of the Board.
Clause 6 sets out the objects and functions of the Board. The principal object of
the Board is to be the accreditation of vocational courses conducted by education or
training providers. The Board is to have such functions as are necessary or
convenient to enable it to achieve its objects and to promote the objects of the
proposed Act, is to be subject to the control and direction of the Minister and is, for
the purposes of any Act, to be a statutory body representing the Crown.
Clause 7 provides for the employment, under the Public Sector Management Act
1988, of a General Manager and such other staff as are necessary to enable the Board
to exercise its functions.
Clause 8 provides that the Board may establish advisory committees to assist it
in the exercise of its functions. Any or all of the members of an advisory committee
may be persons who are not members of the Board.
Clause 9 enables the Board to delegate its functions to any of its members,
advisory committees or staff.
Clause 10 enables the Board to issue guidelines to be adopted in relation to the
accreditation of vocational courses. Copies of these guidelines will be required to be
publicly available.
Clause 11 enables the Board to authorise other persons and bodies to accredit
courses. An authority will be unconditional or conditional and will be revocable by
the Board.
Clause 12 enables the Board, on the application of an education or training
provider, to accredit vocational courses conducted by the provider. Accreditation will
be unconditional of conditional. The clause specifies that accreditation may not be
refused except on certain specified grounds.
Clause 13 enables the Board to withdraw accreditation from any vocational course
and to revoke or vary any condition to which the accreditation of a vocational course
is subject. The clause specifies that accreditation may not be withdrawn except on
certain specified grounds.
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Division 3 - Accreditation by authoised accrediting bodies
Clause 15 enables an authorised accrediting body, on the application of an
education or training provider, to accredit vocational courses conducted by the
provider. Accreditation will be unconditional or conditional. The clause specifies
that accreditation may not be refused except on certain specified grounds.
Clause 16 enables an authorised accrediting body to withdraw accreditation from
any vocational course in respect of which it has granted accreditation and to revoke
or vary any condition to which the accreditation of such a vocational course is subject.
The clause specifies that accreditation may not be withdrawn except on certain
specified grounds.
Clause 17 requires an authorised accrediting body to notify the education or
training provider concerned, the Board and any relevant authority of any decision it
proposes to make under Division 3 and to give those bodies a reasonable opportunity
to make representations to it in relation to the decision. The clause further requires
an authorised accrediting body to have regard to any relevant guidelines and to any
representations made to it in relation to the proposed decision. The clause further
requires an authorised accrediting body to notify the education or training provider
concerned, the Board and any relevant authority of any decision made by it under
Division 3 and of its reasons for the decision.
Clause 18 prohibits a person from advertising that a vocational course is
accredited, endorsed or approved without stating by whom. the accreditation,
endorsement or approval has been given and further prohibits a person from falsely
advertising that a vocational course conducted by an educational establishment is
accredited under the proposed Act. The maximum penalty for an offence under the
proposed section will be 10 penalty units.
Clause 19 requires an education or training provider that conducts an accredited
vocational course to notify the Board of any change in the in the name under which, or in
the address of the premises in or from which, it conducts any such course.
Clause 20 requires the Board to maintain a register in which are to be recorded
particulars of each accredited vocational course and of each education or training
provider by which each such course is conducted.
Clause 21 provides for the issue of evidentiary certificates by the General Manager
of the Board. Such a certificate will be admissible in any proceedings and will
constitute evidence of the fact or facts certified in it.
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Clause 23 enables the Board to appoint any of its officers to be inspectors for the
purposes of the proposed Act and requires the Board to issue its inspectors with
certificates of identification.
Clause 24 enables an inspector to enter and inspect the premises of an education
or training provider in respect of which a vocational course is accredited for the
purpose of ascertaining whether or not the provisions of the proposed Act are being
complied with The power may be exercised only during the ordinary business hours
of the education or training provider concerned and in respect of premises other than
residential premises. An inspector will be required to produce his or her certificate
of identification on demand and to avoid disturbing the conduct of any vocational
course.
Clause 25 prohibits a person from assaulting, delaying, obstructing, hindering or
impeding an inspector. The maximum penalty for an offence under the proposed
section will be 10 penalty units.
Clause 26 prohibits a person from making false or misleading statements in or in
connection with any application under the proposed Act. The maximum penalty for
an offence under the proposed section will be 10 penalty units.
Clause 27 provides for the service of documents on the Board and on other
persons.
Clause 28 exempts members of the Board, officers of the Board and persons acting
under the direction of the Board from personal liability for any matter or thing done
or omitted by the Board or by them if the matter or thing was done or omitted in
good faith and for the purpose of executing the proposed Act.
Clause 29 requires the Board to prepare an annual report on its work and
activities. This report will be required to be tabled in Parliament.
Clause 30 enables any fee payable to the Board under the proposed Act to be
recovered, as a debt, in any court of competent jurisdiction.
Clause 31 provides that proceedings for an offence against the proposed Act are
to be dealt with summarily before a Local Court.
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Clause 33 enables the Governor to make regulations for the purposes o f the
proposed Act.
Clause 34 contains a consequential amendment to the Technical and Further
Education Act 1974. The amendment repeals Part 4 (Vocational Instruction) of that
Act.
Schedule 1 contains provisions relating to the members and procedure of the
Board.
Part 1 (The Members of the Board) contains the following clauses:
General Manager may appoint deputy (clause 1 ) ;
acting members and acting Chairperson (clause 2);
terms of office (clause 3);
remuneration of part-time members (clause 4);
vacancy in office of part-time member (clause 5);
filling of vacancy in office of part-time member (clause 6);
vacancy in office of Chairperson (clause 7);
disclosure of pecuniary interests (clause 8);
effect of certain other Acts (clause 9);
proof of certain matters not required (clause 10).
Part 2 (The Procedure of the Board) contains the following clauses:
(a) general procedure (clause 11);
(b) quorum (clause 12);
(c) presiding member (clause 13);
(d) voting (clause 14);
(e) transaction of business outside meetings or by telephone etc. (clause
15);
(f) minutes (clause 16);
(g) first meeting of the Board (clause 17).
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