Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
VOCATIONAL EDUCATION AND TRAINING
AMENDMENT BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 4 amended (Vocational education and training)
6. Section 5 amended (State Training Plan)
7. Section 7 amended (Functions and powers of Training
Authority)
8. Section 10 repealed
9. Section 16A substituted
17. Training Agreements Committee subject to
direction
18. Service of documents
10. Part 3, Division 2 repealed
11. Section 20 amended (Advisory committees)
12. Parts 4 and 5 substituted
PART 4 Qualifications Authority
25. Functions and powers of Qualifications Authority
under this Act
26. Directions by Qualifications Authority
27. Review of decisions
[Bill 81]-X
28. Application of regulations and rules under
Tasmanian Qualifications Authority Act 2003
PART 5 Registered Training Organisations
Division 1 Requirement for registration
29. Offence to falsely claim to be registered training
organisation
Division 2 Registration as registered training
organisation
30. Application for registration
31. Registration as registered training organisation
32. Registration subject to conditions
32A. Registration certificate
32B. Term of registration
32C. Registration fee
32D. Amendment of registration
32E. Renewal of registration
32F. Cancellation, suspension or amendment of
registration or conditions
32G. Cancelling registration on change of location of
operations
32H. Effect of suspending registration of registered
training organisation
32I. Surrender of registration
32J. Registering amendment, suspension or
cancellation of registration on national training
register
Division 3 Compliance audits
32K. Compliance audit of local registered training
organisation
32L. Compliance audit of interstate registered
training organisation
32M. Conduct of compliance audit
32N. Charge for compliance audit
32O. Powers not limited by compliance audit
provisions
Division 4 Disclosing information to registering bodies
32P. Information may be given to registering bodies
Division 5 Issue of qualifications and statements of
attainment
32Q. Issuing qualifications and statements of
attainment
2
32R. Cancellation of qualification or statement of
attainment
PART 5A Accredited Training Courses
Division 1 Requirement for accreditation
32S. Offence to falsely claim to provide accredited
training course
Division 2 Accreditation of training courses
32T. Applying for accreditation
32U. Accreditation as accredited training course
32V. Accreditation certificate
32W. Term of accreditation
32X. Renewal of accreditation
32Y. Cancellation of accreditation
32Z. Updating national training register
13. Part 6: Heading amended
14. Sections 33, 34 and 35 substituted
33. Offence to undertake to train a person without
training agreement
34. Employer may enter into training agreements
35. Limits on entering into training agreement
15. Section 36 amended (Approval of training agreement)
16. Section 38 amended (Compliance with training
agreement)
17. Sections 43 and 44 substituted
43. Training subject to conditions
44. Directions by Training Agreements Committee
18. Sections 45, 46 and 47 substituted
45. Vocational placement agreement
46. Vocational placement of no effect unless under
vocational placement agreement
47. Offence to contravene vocational placement
agreement
19. Section 52 amended (Indemnity insurance)
20. Section 53 inserted
53. Directions by Training Agreements Committee
21. Part 6, Division 3 inserted
Division 3 Restrictions on entering into training
agreements or vocational placement agreements
3
54. Persons who may not enter into training
agreements or vocational placement agreements
55. Offence to enter into training agreement or
vocational placement agreement
56. Revocation of notice
22. Section 67 amended (Inquiries)
23. Section 68 amended (Disputes relating to training and
vocational placement agreements)
24. Section 69 amended (Inspections)
25. Section 70 amended (Search warrants)
26. Section 71 substituted
71. Declaration of interest
27. Section 75 amended (Training Agreements Register)
28. Section 76 amended (Collection of records, statistics and
information)
29. Section 77 amended (Records)
30. Section 79 repealed
31. Section 80 amended (Evidence)
32. Section 83 amended (Regulations)
33. Section 85A inserted
85A. Savings and transitional provisions consequent
on Vocational Education and Training
Amendment Act 2003
34. Section 87 repealed
35. Schedule 1 amended (Membership and Meetings of
Training Authority)
36. Schedule 2 amended (Membership and Meetings of
Committees)
37. Schedule 5 inserted
Schedule 5 Savings and transitional provisions
consequent on Vocational Education and Training
Amendment Act 2003
38. Substitutions
Schedule 1 Substitutions
4
VOCATIONAL EDUCATION AND TRAINING
AMENDMENT BILL 2003
(Brought in by the Minister for Education, the Honourable
Paula Catherine Wriedt)
A BILL FOR
An Act to amend the Vocational Education and
Training Act 1994
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Vocational Education and
Training Amendment Act 2003.
Commencement
2. This Act commences on a day to be proclaimed.
Principal Act
3. In this Act, the Vocational Education and Training Act
1994* is referred to as the Principal Act.
*No. 88 of 1994
[Bill 81] 5
s. 4 No. Vocational Education and Training 2003
Amendment
Section 3 amended (Interpretation)
4. Section 3 of the Principal Act is amended as follows:
(a) by omitting the definitions of "Accreditation
and Recognition Committee" and "accredited
training program" and substituting the
following definitions:
"accreditation certificate" means an
accreditation certificate issued
under section 32V;
"accredited training course" means a
course that is registered in the
national training register as an
accredited course, whether that
course is registered by the
Qualifications Authority or an
interstate course accrediting body;
"amend" means
(a) omit any matter; or
(b) insert or add any matter; or
(c) omit any matter and
substitute other matter;
(b) by inserting the following definition after the
definition of "ANTA":
"ANTA Ministerial Council" means
the Australian National Training
Authority Ministerial Council
consisting of Ministers from each
State and Territory of the
Commonwealth and from the
Commonwealth who have
6
2003 Vocational Education and Training No. s. 4
Amendment
responsibility for vocational
education and training;
(c) by omitting the definition of "competency" and
substituting the following definitions:
"Australian Quality Training
Framework" means the policy of
that name, that defines the
criteria and standards for the
registration of training
organisations and the
accreditation of courses in the
vocational education and training
sector, endorsed by the ANTA
Ministerial Council on
8 June 2001, as amended from
time to time;
"compliance audit" means a
compliance audit conducted under
section 32K or 32L;
"corresponding law" means
(a) a law of another State or a
Territory that is prescribed
by the regulations as a
corresponding law; or
(b) if no law of another State or
a Territory is prescribed by
the regulations under
paragraph (a), a law of that
State or Territory that has
substantially the same effect
as Part 5 and 5A; or
(c) a provision of a law referred
to in paragraph (a) or (b);
7
s. 4 No. Vocational Education and Training 2003
Amendment
(d) by omitting the definition of "Ministerial
Council" and substituting the following
definitions:
"interstate course accrediting body"
means a body responsible under
the law of another State or a
Territory for the administration of
the registration of courses relating
to vocational education and
training as accredited courses;
"interstate registered training
organisation" means a person
that is registered in the national
training register as a registered
training organisation by a
registering body under a
corresponding law;
"legislative compliance standard"
means the standard included in
the national training standards
which requires that a registered
training organisation ensures that
compliance with Commonwealth,
State and Territory legislation and
regulatory requirements relevant
to the operation of a registered
training organisation is integrated
into its policies and procedures
and that compliance is
maintained;
"local registered training
organisation" means a person
that is registered in the national
training register as a registered
8
2003 Vocational Education and Training No. s. 4
Amendment
training organisation by the
Qualifications Authority;
"national course accreditation
standards" means
(a) the standards for course
accreditation functions as
endorsed on 8 June 2001 by
the ANTA Ministerial
Council under the
Australian Quality Training
Framework, as amended
from time to time; or
(b) any standards endorsed,
approved or adopted by the
ANTA Ministerial Council
under the Australian
Quality Training
Framework in substitution
for the standards referred to
in paragraph (a), as
amended from time to time;
(e) by inserting the following definitions after the
definition of "National Strategic Plan":
"national training register" means
(a) the National Training
Information Service
maintained by ANTA to the
extent it consists of
registered matters; or
(b) any service maintained in
substitution for the service
referred to in paragraph (a)
9
s. 4 No. Vocational Education and Training 2003
Amendment
to the extent it consists of
registered matters;
"national training standards"
means
(a) the standards for registered
training organisations as
adopted by the ANTA
Ministerial Council on
8 June 2001, as amended
from time to time; or
(b) any standards adopted by
the ANTA Ministerial
Council in substitution for
the standards referred to in
paragraph (a), as amended
from time to time;
"nationally endorsed training
package" means an integrated
set of competency standards and
assessment guidelines that
(a) lead to a qualification for a
particular industry, industry
sector or enterprise; and
(b) have been endorsed by a
committee established by
ANTA's members;
(f) by omitting "school" from paragraph (a) of the
definition of "person" and substituting "school,
or a registered school,";
(g) by omitting "State schools" from paragraph (b)
of the definition of "person" and substituting
10
2003 Vocational Education and Training No. s. 4
Amendment
"such State schools or registered schools, or
both";
(h) by omitting the definitions of "qualification",
"quality assurance" and "registered training
provider" and substituting the following
definitions:
"qualification" means formal
certification in vocational
education and training by a
registered training organisation
and under the Australian
Qualifications Framework that a
person has achieved all the units
of competency or modules
comprising learning outcomes
stated for the qualification in
(a) a nationally endorsed
training package for which
details of the qualification
have been registered by
ANTA; or
(b) an accredited training
course that provides
training for the
qualification;
"Qualifications Authority" means the
Tasmanian Qualifications
Authority established by section 5
of the Tasmanian Qualifications
Authority Act 2003;
"registered", in relation to a provider
of training, a training course, a
nationally endorsed training
11
s. 4 No. Vocational Education and Training 2003
Amendment
package or a qualification, means
registered in the national training
register if the person or matter is
registered in that register by
(a) the Qualifications Authority
under this Act; or
(b) a registering body, or course
accrediting body, under a
corresponding law; or
(c) ANTA or another entity ;
"registered training organisation"
means a person who is registered
in the national training register as
a registered training organisation,
whether that person is a local
registered training organisation or
an interstate registered training
organisation;
"registering body" means the
Qualifications Authority or a body
responsible for registering persons
as registered training
organisations under a
corresponding law;
"registration certificate" means a
registration certificate issued
under section 32A;
"scope of registration" consists of
(a) the training or assessments
that a registered training
organisation is registered to
provide; and
12
2003 Vocational Education and Training No. s. 4
Amendment
(b) the qualifications,
statements of attainment,
units of competency or
modules comprising learning
outcomes for an accredited
training course for which the
registered training
organisation is registered to
provide training or
assessments;
(i) by inserting the following definition after the
definition of "Secretary":
"standards for State and Territory
registering and course
accrediting bodies" means
(a) the standards for State and
Territory registering
bodies/course accrediting
bodies adopted on
8 June 2001 by the ANTA
Ministerial Council under
the Australian Quality
Training Framework, as
amended from time to time;
or
(b) any standards made or
adopted by that Ministerial
Council in substitution for
the standards referred to in
paragraph (a), as amended
from time to time;
(j) by inserting the following definition after the
definition of "State training system":
13
s. 4 No. Vocational Education and Training 2003
Amendment
"statement of attainment" means
formal certification in vocational
education and training by a
registered training organisation
under the Australian
Qualifications Framework that a
person has achieved in
(a) part of a qualification; or
(b) one or more units of
competency from a
nationally endorsed training
package; or
(c) all the units of competency
or modules comprising
learning outcomes for an
accredited training course
that does not meet the
requirements for a
qualification;
(k) by omitting "a training program" from the
definition of "trainee" and substituting
"training";
(l) by inserting the following definition after the
definition of "Training Agreements
Committee":
"Training Agreements Register"
means the Training Agreements
Register kept under section 75;
(m) by omitting the definitions of "training
program" and "training provider" and
substituting the following definition:
14
2003 Vocational Education and Training No. s. 5
Amendment
"unit of competency" means a
specification of knowledge and
skill and their application to a
standard of performance specified
in a nationally endorsed training
package;
(n) by omitting "an accredited training program"
from the definition of "vocational placement"
and substituting "training leading to a
qualification".
Section 4 amended (Vocational education and
training)
5. Section 4(2) of the Principal Act is amended by omitting
paragraphs (a), (b), (c) and (d) and substituting the
following paragraphs:
(a) training leading to the attainment of a
qualification or statement of attainment; and
(b) training provided in the State, another State,
a Territory or elsewhere by registered training
organisations, whether or not under a training
agreement; and
Section 5 amended (State Training Plan)
6. Section 5(4) of the Principal Act is amended by
inserting "ANTA" after "to the".
15
s. 7 No. Vocational Education and Training 2003
Amendment
Section 7 amended (Functions and powers of
Training Authority)
7. Section 7(1) of the Principal Act is amended as follows:
(a) by omitting from paragraph (b) "capital works"
and substituting "infrastructure";
(b) by omitting from paragraph (g) "by industry
and private training providers".
Section 10 repealed
8. Section 10 of the Principal Act is repealed.
Section 16A substituted
9. Section 16A of the Principal Act is repealed and the
following sections are substituted:
Training Agreements Committee subject to
direction
17. (1) The Training Authority may give written
directions to the Training Agreements Committee in
relation to the performance and exercise of its
functions and powers, other than discretionary
functions and powers.
(2) The Training Agreements Committee is to
comply with a direction given under subsection (1).
Service of documents
18. (1) A document may be served on or otherwise
provided to the Training Agreements Committee
by
16
2003 Vocational Education and Training No. s. 9
Amendment
(a) leaving it at, or sending it by post to, the
address of the Training Agreements
Committee; or
(b) faxing it to the Training Agreements
Committee's fax number; or
(c) emailing it to the Training Agreements
Committee's email address; or
(d) any other means determined by the
Training Agreements Committee.
(2) The Training Agreements Committee may
serve on or otherwise provide to a person a
document required to be served or otherwise
provided under this Act
(a) in the case of a natural person, by
(i) giving it to the person; or
(ii) leaving it at, or sending it by post
to, the person's postal or
residential address, or the place or
address of business or
employment, last known to the
Training Agreements Committee;
or
(iii) faxing it to the person's fax
number; or
(iv) emailing it to the person's email
address; and
(b) in the case of any other person, by
(i) leaving it at, or sending it by post
to, the person's principal office,
office registered under the
17
s. 10 No. Vocational Education and Training 2003
Amendment
Corporations Act or principal place
of business; or
(ii) faxing it to the person's fax
number; or
(iii) emailing it to the person's email
address.
Part 3, Division 2 repealed
10. Division 2 of Part 3 of the Principal Act is repealed.
Section 20 amended (Advisory committees)
11. Section 20 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(a) ", the
Accreditation and Recognition Committee";
(b) by inserting the following subsections after
subsection (3):
(4) The quorum at a meeting of an
advisory committee established under
subsection (1)(a) is a majority of the total
number of members of the advisory committee.
(5) An advisory committee established
under subsection (1)(a) is to keep accurate
minutes of its meetings.
(6) Subject to this Act, the procedure for
the calling of, and for the conduct of business
at, meetings of an advisory committee
established under subsection (1)(a) are as
determined by the committee.
18
2003 Vocational Education and Training No. s. 12
Amendment
(7) If all members of an advisory
committee established under subsection (1)(a)
sign a document containing a statement that
they are in favour of a resolution in the terms
set out in the document, a resolution in those
terms is taken to have been passed at a
meeting of the committee held on the day on
which the document is signed or, if the
members do not sign it on the same day, on
the day on which the last member signs the
document.
(8) If a resolution is taken to have been
passed under subsection (7), each member of
the advisory committee is to be
(a) advised immediately of the
matter; and
(b) given a copy of the terms of the
resolution.
(9) For the purposes of subsection (7), 2
or more separate documents containing a
statement in identical terms, each of which is
signed by one or more members of the advisory
committee, is taken to constitute one
document.
Parts 4 and 5 substituted
12. Parts 4 and 5 of the Principal Act are repealed and
the following Parts are substituted:
19
s. 12 No. Vocational Education and Training 2003
Amendment
PART 4 QUALIFICATIONS AUTHORITY
Functions and powers of Qualifications
Authority under this Act
25. (1) The Qualifications Authority has the
following functions:
(a) to liaise with authorities and bodies in
respect of accreditation and registration
decisions and endorsements of
nationally endorsed training packages;
(b) to register providers of accredited
training courses;
(c) to accredit courses as accredited training
courses;
(d) to ensure that the quality of service
provided by registered training
organisations is maintained;
(e) to establish and maintain procedures
and systems in respect of its functions
under this Act;
(f) any other function that the Minister, by
written notice provided to the
Qualifications Authority, directs the
Qualifications Authority to perform.
(2) The Qualifications Authority has the
following powers under this Act:
(a) to enter into reciprocal arrangements
with other accreditation, recognition and
registration bodies;
20
2003 Vocational Education and Training No. s. 12
Amendment
(b) to do anything necessary or convenient
to be done in connection with the
performance and exercise of its functions
and powers under this Act.
Directions by Qualifications Authority
26. (1) By written notice served on a registered
training organisation, the Qualifications Authority
may give directions in relation to any matter
relating to qualifications, accredited training
courses, training, assessments and registered
training organisations.
(2) A registered training organisation must
comply with a direction given under subsection (1).
Penalty: Fine not exceeding 200 penalty units.
Review of decisions
27. Part 6 of the Tasmanian Qualifications
Authority Act 2003 makes provision for the review of
decisions of the Qualifications Authority made under
this Act.
Application of regulations and rules under
Tasmanian Qualifications Authority Act 2003
28. The Tasmanian Qualifications Authority Act
2003 provides for the making of regulations and
rules in relation to the performance and exercise of
the functions and powers of the Qualifications
Authority under this Act.
21
s. 12 No. Vocational Education and Training 2003
Amendment
PART 5 REGISTERED TRAINING
ORGANISATIONS
Division 1 Requirement for registration
Offence to falsely claim to be registered
training organisation
29. (1) A person must not claim to be a registered
training organisation unless the person is a
registered training organisation.
Penalty: Fine not exceeding 200 penalty units.
(2) A person must not
(a) issue, claim to be able to issue or
purport to issue a qualification or
statement of attainment; or
(b) provide, claim to be able to provide or
purport to provide training or
assessments resulting in the issue of a
qualification or statement of
attainment
unless the person is a registered training
organisation operating within the scope of its
registration or a person acting for such a registered
training organisation.
Penalty: Fine not exceeding 200 penalty units.
(3) A person must not claim to be able to
provide training resulting in the issue of a
qualification or statement of attainment by another
person knowing that the other person is not lawfully
able to issue the qualification or statement of
attainment.
Penalty: Fine not exceeding 200 penalty units.
22
2003 Vocational Education and Training No. s. 12
Amendment
(4) For subsections (1), (2) and (3), a person
claims to be a registered training organisation or
claims to be able to do a particular thing if the
person
(a) makes that claim; or
(b) does any act likely to induce another
person to believe the person is a
registered training organisation or is
able to do the particular thing.
(5) This section does not apply to a registering
body.
Division 2 Registration as registered training
organisation
Application for registration
30. (1) A person who proposes to provide, in
Tasmania or elsewhere, training or assessments in
respect of a qualification may apply to the
Qualifications Authority for registration as a
registered training organisation.
(2) An application is to be
(a) in a form approved by the Qualifications
Authority; and
(b) accompanied by any prescribed fee.
(3) The Qualifications Authority may require
the applicant to provide any further information it
considers relevant to the application.
23
s. 12 No. Vocational Education and Training 2003
Amendment
Registration as registered training
organisation
31. (1) On receipt of an application under
section 30, the Qualifications Authority may
(a) register the applicant as a registered
training organisation for a period not
exceeding 5 years; or
(b) refuse to so register the applicant.
(2) In determining whether or not to register
an applicant, the Qualifications Authority is to apply
the national training standards.
(3) The Qualifications Authority may not
register an applicant unless
(a) the applicant is not already registered;
and
(b) the Qualifications Authority considers
that the applicant's principal place of
business is or will be, or all or most of its
operations will be conducted, in
Tasmania; and
(c) a compliance audit has been conducted
and shows that the applicant complies
with the national training standards,
other than the legislative compliance
standard.
(4) Subsection (3)(a) and (c) does not apply to
an application if
(a) the application is made by an interstate
registered training organisation; and
24
2003 Vocational Education and Training No. s. 12
Amendment
(b) the interstate registered training
organisation has received a notice from a
registering body under a corresponding
law that corresponds to section 32G; and
(c) the application does not ask for an
amendment of the interstate registered
training organisation's existing scope of
registration or registered conditions.
(5) The Qualifications Authority may refuse to
register the applicant if the Qualifications Authority
considers that the applicant is not suitable to be a
registered training organisation.
(6) In determining whether the applicant is
suitable to be a registered training organisation, the
Qualifications Authority may have regard to
(a) the prior conduct of the applicant or an
associate of the applicant, whether in
Tasmania or elsewhere; and
(b) any other matter the Qualifications
Authority considers relevant.
(7) In subsection (6), a person is an associate
of the applicant if the person can, or will be able to,
have a significant influence over or in relation to the
carrying out of the operations of the applicant once
registered as a registered training organisation.
(8) Subsections (2), (3) and (5) do not limit the
grounds on which the Qualifications Authority may
refuse to register the applicant.
(9) On refusing to register an applicant, the
Qualifications Authority is to notify the applicant in
writing of that decision.
25
s. 12 No. Vocational Education and Training 2003
Amendment
(10) On deciding to register an applicant, the
Qualifications Authority is to
(a) register the applicant as a training
organisation that provides, within its
scope of registration
(i) training and assessments
resulting in the issue of
qualifications or statements of
attainment by the organisation; or
(ii) assessments resulting in the issue
of qualifications or statements of
attainment by the organisation;
and
(b) register the scope of the registration.
(11) The Qualifications Authority is to comply
with subsection (10)
(a) as soon as practicable after deciding to
register the applicant; or
(b) if the application is by a person who is
an interstate registered training
organisation in respect of whom a
registering body is taking action under a
corresponding law that corresponds to
section 32G(3), as soon as practicable
after that registering body cancels the
existing registration of the interstate
registered training organisation.
Registration subject to conditions
32. (1) On deciding under section 31 to register a
person as a registered training organisation, the
26
2003 Vocational Education and Training No. s. 12
Amendment
Qualifications Authority may impose conditions to
which the registration is subject.
(2) A condition may only be imposed under
subsection (1) if it
(a) applies to the operation of the registered
training organisation in all States and
Territories; and
(b) is consistent with this Act and the
national training standards.
(3) At any time, the Qualifications Authority
(a) may amend conditions imposed on the
registration of a registered training
organisation under subsection (1); or
(b) may impose any conditions that it could
have imposed under that subsection.
(4) If the Qualifications Authority imposes or
amends conditions under subsection (1) or (3), the
Qualifications Authority is to
(a) notify the applicant or registered
training organisation in writing of the
condition; and
(b) register
(i) the conditions imposed under
subsection (1) when it registers
the applicant as a training
organisation; or
(ii) the amendment made, or the new
conditions imposed, under
subsection (3) as soon as
practicable after determining to
27
s. 12 No. Vocational Education and Training 2003
Amendment
make the amendment or impose
those new conditions.
(5) The registration of a local registered
training organisation is also subject to the following
conditions:
(a) the local registered training
organisation must comply with the
national training standards;
(b) the local registered training
organisation must notify the
Qualifications Authority, in writing, of
any substantial change to the registered
training organisation's control,
management or operations before or as
soon as practicable after the change
occurs;
(c) the local registered training
organisation must
(i) submit to any compliance audit;
and
(ii) take all necessary steps to comply
with the national training
standards if a particular
compliance audit shows the
registered training organisation
does not comply with those
standards, other than the
legislative compliance standard;
(d) the local registered training
organisation must submit to any audit
conducted by a registering body under a
corresponding law that corresponds to
section 32L;
28
2003 Vocational Education and Training No. s. 12
Amendment
(e) the local registered training
organisation must not contravene a
provision of this Act or a corresponding
law;
(f) the local registered training
organisation must give to the
Qualifications Authority any
information it reasonably requires that
relates to
(i) any of the operations of the
registered training organisation;
or
(ii) a condition to which the
registration is subject;
(g) registered conditions imposed under a
corresponding law corresponding to this
Part;
(h) the local registered training
organisation must give to a registering
body any information it reasonably
requires that relates to a registered
condition imposed by the registering
body under a corresponding law that
corresponds to section 32F(2)(b).
(6) A condition to which the registration of a
local registered training organisation is subject
applies in relation to the operation of the registered
training organisation in all States and Territories,
unless the contrary intention appears.
(7) A local registered training organisation
must not contravene a condition to which its
registration is subject.
29
s. 12 No. Vocational Education and Training 2003
Amendment
Penalty: Fine not exceeding 200 penalty units.
(8) A prescribed condition has effect in
Tasmania.
(9) In subsection (8), "prescribed condition"
means a condition that
(a) is imposed on the registration of a
registered training organisation by a
registering body under a corresponding
law; and
(b) is referred to in a provision of that
corresponding law that corresponds to
subsection (6).
Registration certificate
32A. (1) On registering a registered training
organisation, the Qualifications Authority is to issue
a registration certificate to the local registered
training organisation.
(2) A registration certificate is to specify
(a) the period for which the local registered
training organisation is registered; and
(b) any conditions to which the registration
of the local registered training
organisation is subject.
(3) If the Qualifications Authority
(a) amends the period for which a local
registered training organisation is
registered; or
30
2003 Vocational Education and Training No. s. 12
Amendment
(b) amends the conditions to which the
registration is subject; or
(c) imposes new conditions to which the
registration is subject
the Qualifications Authority is to amend the
registration certificate or issue a replacement
registration certificate.
(4) Conditions to which the registration of a
local registered training organisation is subject may
be specified in a registration certificate by
(a) specifying those conditions in or on the
certificate; or
(b) attaching those conditions to the
certificate; or
(c) providing to the registered training
organisation a written notice containing
those conditions.
(5) A local registered training organisation
must comply with the written requirement of the
Qualifications Authority that the registration
certificate be surrendered to the Qualifications
Authority for the purpose of amending it or
replacing it as the Qualifications Authority
determines appropriate.
Term of registration
32B. (1) The registration of a local registered
training organisation has effect for the period not
exceeding 5 years specified in the registration
certificate unless sooner cancelled.
31
s. 12 No. Vocational Education and Training 2003
Amendment
(2) The registration of a local registered
training organisation takes effect when that
registration is entered in the national training
register.
Registration fee
32C. A local registered training organisation must
pay any prescribed registration fee.
Amendment of registration
32D. (1) On the application of a local registered
training organisation, the Qualifications Authority
may amend the registration of the local registered
training organisation or the conditions to which the
registration is subject, other than the conditions
referred to in section 32(5)(a), (b), (c), (d), (e), (f) and
(h).
(2) If an application is to amend the scope of
the registration or the registered conditions
(a) the application is to be
(i) in a form approved by the
Qualifications Authority; and
(ii) accompanied by any prescribed
fee; and
(b) the Qualifications Authority may
require the applicant to provide any
further information it considers relevant
to the application.
32
2003 Vocational Education and Training No. s. 12
Amendment
(3) Sections 31 and 32(1), (2) and (4) apply as
if the application were an application under
section 31 subject to the following:
(a) section 31(3)(a) is not relevant;
(b) section 31(3)(b) applies in relation to the
scope of registration or registered
conditions as amended in accordance
with the application;
(c) section 31(3)(c) only requires a
compliance audit to the extent an audit
is relevant to the amendment.
(4) On determining to amend the registration
of a registered training organisation or a condition
under subsection (1) or to refuse to do so, the
Qualifications Authority must notify the applicant of
that determination in writing.
(5) The amendment of the registration of a
registered training organisation or a condition under
subsection (1) takes effect when that amendment is
entered in the national training register.
Renewal of registration
32E. (1) A local registered training organisation
may apply for renewal of the registration not less
than 6 calendar months before the registration
ceases to have effect.
(2) This Part applies in respect of an
application for renewal of registration as a
registered training organisation, and that renewal,
as if the application were an application for a first
registration as a registered training organisation.
33
s. 12 No. Vocational Education and Training 2003
Amendment
Cancellation, suspension or amendment of
registration or conditions
32F. (1) Each of the following is a ground for
cancelling, suspending or amending the registration
of a registered training organisation or for amending
the conditions to which that registration is subject:
(a) the registered training organisation
provided incorrect or misleading
information to the Qualifications
Authority when applying for that
registration, an amendment to that
registration or an amendment to the
conditions to which that registration is
subject;
(b) the registered training organisation has
contravened a condition to which its
registration is subject;
(c) the registered training organisation has
contravened a direction given to it under
section 26.
(2) If the Qualifications Authority is satisfied
that any of the grounds specified in subsection (1)
exist, it may, after allowing the registered training
organisation an opportunity to make submissions in
respect of the matter
(a) in the case of a local registered training
organisation
(i) amend the scope of its registration
or the registered conditions to
which registration is subject,
including by the imposition of a
restriction that applies in
Tasmania, another State or a
34
2003 Vocational Education and Training No. s. 12
Amendment
Territory or in Tasmania and any
or all other States and Territories;
or
(ii) suspend its registration, or part of
the scope of its registration, for the
purposes of Tasmania, another
State or a Territory, or for
Tasmania and any or all other
States and Territories, by
imposing a prohibition applying in
Tasmania, another State or a
Territory while the suspension is
in force; or
(iii) cancel its registration; or
(b) in the case of an interstate registered
training organisation, amend the scope
of its registration or the registered
conditions to which its registration is
subject, but only to impose a restriction
that applies in Tasmania.
(3) The Qualifications Authority may not
impose a restriction under subsection (2)(b) unless
(a) the registering body that registered the
registered training organisation
(i) fails to take any step to deal with
the matter to which the grounds
relate within 30 days after the
matter comes to the attention of
the registering body; or
(ii) fails, after taking any step to deal
with the matter to which the
grounds relate, to take another
35
s. 12 No. Vocational Education and Training 2003
Amendment
step within 30 days after taking
that earlier step; or
(b) the Qualifications Authority has
conducted a compliance audit and is
imposing the restriction as a
consequence of that audit.
(4) Subsection (3)(a) does not prevent the
Qualifications Authority from taking, within the
relevant period referred to in that subsection, all
steps necessary in preparation for the imposition of
a restriction after the end of that period.
(5) If a restriction or prohibition imposed
under subsection (2) relates to a particular place,
State or Territory, it may only be imposed because of
a particular fact situation that has arisen in that
place, State or Territory.
(6) A restriction or prohibition imposed under
subsection (2) is to be consistent with this Act and
the national training standards.
(7) In circumstances the Qualifications
Authority considers exceptional, the Qualifications
Authority under subsection (2)(a)(ii) may suspend
the local registered training organisation from
providing training or an assessment, or soliciting or
accepting consideration for the provision of training
or an assessment, that it would otherwise be entitled
to provide, solicit or accept by reason of
section 32H(3).
(8) Before cancelling the registration of a local
registered training organisation under
subsection (2), the Qualifications Authority is to
consult with the registering bodies of each State or
36
2003 Vocational Education and Training No. s. 12
Amendment
Territory in which the registered training
organisation is operating.
(9) A failure to comply with subsection (8)
does not affect a cancellation of the registration of a
local registered training organisation.
Cancelling registration on change of location
of operations
32G. (1) On its own initiative or on the application
of the local registered training organisation, the
Qualifications Authority may cancel the registration
of a local registered training organisation if the
Qualifications Authority is satisfied that the local
registered training organisation does not have its
principal place of business, and does not conduct all
or most of its operations, in Tasmania.
(2) At least 30 days before cancelling the
registration of a local registered training
organisation, the Qualifications Authority is to
notify the registered training organisation, in
writing, of its intention to do so.
(3) If before the end of the period specified in
subsection (2) the local registered training
organisation makes an application to a registering
body in another State or a Territory for registration
as a training organisation, the Qualifications
Authority may not cancel the registration of the
registered training organisation until that
application is determined.
(4) Subsection (3) does not apply if the
Qualifications Authority is satisfied that the local
registered training organisation is not acting
honestly in relation to the application to be
37
s. 12 No. Vocational Education and Training 2003
Amendment
registered as a training organisation by a registering
body in another State or a Territory.
Effect of suspending registration of registered
training organisation
32H. (1) This section applies if the registration, or
part of the scope of registration, of a local registered
training organisation is suspended under
section 32F(2)(a)(ii).
(2) A person must not do anything, in
Tasmania, another State or a Territory, for any of
the following purposes in relation to training, or an
assessment, that is the subject of a suspension
under section 32F(2)(a)(ii):
(a) recruiting or enrolling anyone;
(b) soliciting, or accepting any consideration
for, the recruitment or enrolment of
anyone;
(c) starting a person's training or
assessment;
(d) if the provision of training or the
soliciting or accepting of consideration
for the provision of training has been
suspended under section 32F(7),
providing the training or soliciting or
accepting consideration for the provision
of training.
Penalty: Fine not exceeding 200 penalty units.
(3) If before the suspension took effect the
local registered training organisation had entered
into an agreement to provide training or an
38
2003 Vocational Education and Training No. s. 12
Amendment
assessment to a person, subsection (2)(a), (b) or (c)
does not prohibit anyone from relying on the
agreement
(a) to provide the training or assessment; or
(b) to solicit or accept consideration for the
provision of the training or assessment.
Surrender of registration
32I. (1) A local registered training organisation
may surrender its registration with the approval of
the Qualifications Authority.
(2) If the Qualifications Authority approves
the surrender of the registration of a local registered
training organisation, it is to cancel that
registration.
Registering amendment, suspension or
cancellation of registration on national
training register
32J. If the Qualifications Authority under this
Part
(a) amends the scope of the registration of a
registered training organisation or the
registered conditions to which that
registration is subject; or
(b) suspends the registration, or part of the
scope of the registration, of a registered
training organisation; or
39
s. 12 No. Vocational Education and Training 2003
Amendment
(c) cancels the registration of a registered
training organisation
it is to do so by amending the national training
register accordingly.
Division 3 Compliance audits
Compliance audit of local registered training
organisation
32K. (1) The Qualifications Authority may conduct
an audit of a person who has applied under
section 30 to be registered as a training
organisation.
(2) At any time, the Qualifications Authority
may conduct an audit of
(a) a local registered training organisation;
or
(b) any of the operations of a local
registered training organisation,
whether conducted in Tasmania,
another State, a Territory or elsewhere.
Compliance audit of interstate registered
training organisation
32L. The Qualifications Authority may conduct an
audit of an interstate registered training
organisation or any of its operations conducted in
Tasmania if
(a) the Qualifications Authority
40
2003 Vocational Education and Training No. s. 12
Amendment
(i) suspects on reasonable grounds
that the registered training
organisation may have
contravened the national training
standards; and
(ii) has advised the registering body
that registered the registered
training organisation of the
suspected contravention; and
(b) that registering body
(i) within 30 days after receiving the
advice, fails to take steps to deal
with the suspected contravention
to the satisfaction of the
Qualifications Authority; or
(ii) at any time advises the
Qualifications Authority that it
does not propose to take any step
or any further step to deal with
the suspected contravention.
Conduct of compliance audit
32M. (1) A compliance audit is to comply with the
standards for State and Territory registering and
course accrediting bodies.
(2) A failure to comply with subsection (1) is of
no effect if the failure
(a) does not substantially affect the outcome
of the compliance audit; or
(b) arises out of inconsistency between the
standards for State and Territory
41
s. 12 No. Vocational Education and Training 2003
Amendment
registering and course accrediting bodies
and the legislation of the State or
Territory in relation to which the failure
arises.
Charge for compliance audit
32N. (1) The Qualifications Authority, by written
notice provided to a registered training organisation,
may require the registered training organisation to
pay a fee in respect of a compliance audit of the
registered training organisation.
(2) A fee under subsection (1) must not exceed
the reasonable costs of conducting the compliance
audit.
(3) A registered training organisation must
pay any fee it is required to pay under
subsection (1).
Powers not limited by compliance audit
provisions
32O. The powers of the Qualifications Authority or
a registering body to inquire into the activities of a
registered training organisation or other person are
not limited by this Division.
42
2003 Vocational Education and Training No. s. 12
Amendment
Division 4 Disclosing information to
registering bodies
Information may be given to registering bodies
32P. (1) The Qualifications Authority may disclose
to a registering body information it has about, or
arising from, the following:
(a) an application for registration as a
registered training organisation;
(b) a registered training organisation's
registration;
(c) a compliance audit conducted under this
Part;
(d) action taken by the Qualifications
Authority in relation to a registered
training organisation;
(e) the performance or exercise of a function
or power by a person at the request of
the Qualifications Authority or a
registering body.
(2) In disclosing information under
subsection (1) or a provision of a corresponding law
that corresponds to that subsection, the
Qualifications Authority does not contravene an
obligation not to disclose the information, whether
imposed by an Act or by another rule of law.
43
s. 12 No. Vocational Education and Training 2003
Amendment
Division 5 Issue of qualifications and
statements of attainment
Issuing qualifications and statements of
attainment
32Q. (1) A registered training organisation must
issue a qualification or statement of attainment to a
student who
(a) has
(i) undertaken an accredited training
course or training consistent with
the vocational education and
training provisions of the
Australian Qualifications
Framework with the registered
training organisation; and
(ii) attained the skills and knowledge
required for the issue of a
qualification or statement of
attainment; or
(b) has been recognised by the registered
training organisation as having the
skills and knowledge required for the
issue of the qualification or statement of
attainment.
Penalty: Fine not exceeding 25 penalty units.
(2) For the purposes of subsection (1), the
qualification or statement of attainment must be
issued
(a) within a reasonable time; or
44
2003 Vocational Education and Training No. s. 12
Amendment
(b) if the student has, in writing, requested
the issue of the qualification or
statement of attainment, within 21 days
after the registered training
organisation receives that request.
(3) Despite subsections (1) and (2), a
registered training organisation may refuse to issue
a qualification or statement of attainment if any fee
payable to the registered training organisation in
respect of the qualification or statement of
attainment, or the provision of the accredited
training course or training that led to the right to
have the qualification or statement of attainment
issued, has not been paid.
Cancellation of qualification or statement of
attainment
32R. (1) A registered training organisation may
cancel a qualification or statement of attainment
issued by it if the qualification or statement of
attainment was issued
(a) in error; or
(b) because a document or representation
was false or misleading or was obtained
or made in an improper way.
(2) If the registered training organisation
cancels a qualification or statement of attainment,
the registered training organisation must give
written notice of the cancellation to the person to
whom the qualification or statement of attainment
was issued.
45
s. 12 No. Vocational Education and Training 2003
Amendment
(3) A person receiving notice under
subsection (2) must return the cancelled
qualification or statement of attainment to the
registered training organisation
(a) if the person does not apply for a review
of the cancellation under section 60 of
the Tasmanian Qualifications Authority
Act 2003, within 21 days after receiving
the notice; or
(b) if the person does apply for a review of
the cancellation under that section,
within 21 days after the person
withdraws the application or the
application is unsuccessful.
Penalty: Fine not exceeding 25 penalty units.
PART 5A ACCREDITED TRAINING
COURSES
Division 1 Requirement for accreditation
Offence to falsely claim to provide accredited
training course
32S. (1) A person must not claim that a course
provided, or to be provided, by the person is an
accredited training course unless it is an accredited
training course.
Penalty: Fine not exceeding 200 penalty units.
(2) For subsection (1), a person claims that a
course provided or to be provided by the person is an
accredited training course if the person
(a) makes that claim; or
46
2003 Vocational Education and Training No. s. 12
Amendment
(b) does any act likely to induce another
person to believe the course is an
accredited training course.
Division 2 Accreditation of training courses
Applying for accreditation
32T. (1) A person may apply to the Qualifications
Authority to have a course accredited.
(2) An application is to be
(a) in a form approved by the Qualifications
Authority; and
(b) accompanied by any prescribed fee.
(3) The Qualifications Authority may require
the applicant to provide any further information it
considers relevant to the application.
Accreditation as accredited training course
32U. (1) On receipt of an application under
section 32T, the Qualifications Authority may
(a) accredit the training course for a period
not exceeding 5 years; or
(b) refuse to so accredit the training course.
(2) In determining whether or not to accredit a
training course, the Qualifications Authority is to
apply the national course accreditation standards.
(3) Subsection (2) does not limit the grounds
on which the Qualifications Authority may refuse to
accredit the training course.
47
s. 12 No. Vocational Education and Training 2003
Amendment
(4) On refusing to accredit a training course,
the Qualifications Authority is to notify the
applicant in writing of that decision.
(5) On deciding to accredit a training course,
the Qualifications Authority is to
(a) register the course as an accredited
training course as soon as practicable;
and
(b) notify the applicant of the accreditation
of the course.
Accreditation certificate
32V. (1) On accrediting a training course, the
Qualifications Authority is to issue an accreditation
certificate to the person who applied for the
accreditation of the course.
(2) An accreditation certificate is to specify
(a) the person to whom it is issued; and
(b) the accredited training course to which
it applies; and
(c) the period for which the training course
is accredited.
Term of accreditation
32W. (1) The accreditation of a training course has
effect for the period not exceeding 5 years as
determined by the Qualifications Authority under
section 32U(1)(a).
48
2003 Vocational Education and Training No. s. 12
Amendment
(2) The accreditation of a training course
takes effect on the day the course is registered.
Renewal of accreditation
32X. (1) A person may apply to the Qualifications
Authority for the renewal of the accreditation of an
accredited training course not less than 6 calendar
months before the accreditation ceases to have
effect.
(2) This Part applies in respect of an
application for renewal of the accreditation of an
accredited training course, and that renewal, as if
the application were an application for a first
accreditation as an accredited training course.
Cancellation of accreditation
32Y. (1) Each of the following is a ground for
cancelling the accreditation of an accredited training
course:
(a) the course does not meet the national
course accreditation standards;
(b) the person named in an accreditation
certificate has surrendered the
accreditation with the approval of the
Qualifications Authority.
(2) If the Qualifications Authority is satisfied
that the ground specified in subsection (1)(a) exists,
it may cancel the accreditation of the accredited
training course after allowing the person named in
the accreditation certificate an opportunity to make
submissions in respect of the matter.
49
s. 13 No. Vocational Education and Training 2003
Amendment
(3) As soon as practicable after determining to
cancel the accreditation of an accredited training
course on a ground referred to in subsection (1)(a) or
approving the surrender of that accreditation, the
Qualifications Authority is to notify the person
named in the accreditation certificate, in writing, of
that determination or approval.
Updating national training register
32Z. If the Qualifications Authority does any of the
following, it is to amend the national training
register accordingly:
(a) renew the accreditation of an accredited
training course under section 32X;
(b) cancel the accreditation of an accredited
training course under section 32Y.
Part 6: Heading amended
13. Part 6 of the Principal Act is amended by omitting
"PROGRAMS" from the heading to that Part and
substituting "AGREEMENTS AND VOCATIONAL
PLACEMENT AGREEMENTS".
Sections 33, 34 and 35 substituted
14. Sections 33, 34 and 35 of the Principal Act are
repealed and the following sections are substituted:
50
2003 Vocational Education and Training No. s. 14
Amendment
Offence to undertake to train a person without
training agreement
33. An employer must not undertake to train a
person as if that person were a trainee without
entering into a training agreement with that person
under section 34.
Penalty: Fine not exceeding 100 penalty units.
Employer may enter into training agreements
34. (1) Subject to section 35, an employer may enter
into a training agreement with another person to
provide training to that other person under the
agreement that results in a qualification being
issued to that other person.
(2) Within 21 days after entering into a
training agreement, an employer is to forward the
training agreement to the Training Agreements
Committee for its approval under section 36.
Limits on entering into training agreement
35. (1) An employer may not enter into a training
agreement under section 34 in relation to a
particular qualification if the Training Agreements
Committee has determined under subsection (4)(a)
that a training agreement may not be entered into
in relation to that qualification.
(2) An employer may not enter into a training
agreement under section 34 in relation to a
particular qualification if the training agreement
would contravene, or would require the parties to
the training agreement to contravene, any
conditions determined under subsection (4)(b) or
section 43 by the Training Agreements Committee
in relation to that qualification.
51
s. 15 No. Vocational Education and Training 2003
Amendment
(3) An employer may not enter into a training
agreement if that agreement is not in a form
determined by the Training Agreements Committee
under subsection (4)(c).
(4) The Training Agreements Committee may
determine
(a) that training agreements may not be
entered into in relation to a particular
qualification; and
(b) the conditions with which a training
agreement, or the parties to a training
agreement, in relation to a particular
qualification must comply; and
(c) the form with which training
agreements are to comply.
(5) In determining under subsection (4)(c) the
form with which training agreements are to comply,
the Training Agreements Committee is to have
regard to the form and contents of the training
contract agreed by the ANTA Ministerial Council.
Section 36 amended (Approval of training
agreement)
15. Section 36(3) of the Principal Act is amended as
follows:
(a) by omitting paragraph (a) and substituting the
following paragraphs:
(a) the agreement does not relate to a
qualification determined by the
Training Agreements Committee
under section 35(4)(a) to be a
52
2003 Vocational Education and Training No. s. 16
Amendment
qualification in relation to which
training agreements may not be
entered into; and
(ab) the agreement is in the form
determined by the Training
Agreements Committee under
section 35(4)(c); and
(ac) the employer is a fit and proper
person within the meaning of
section 54; and
(b) by omitting from paragraph (c) "the" third
occurring and substituting "any".
Section 38 amended (Compliance with training
agreement)
16. The penalty under section 38(1) of the Principal Act is
amended by omitting "10" and substituting "100".
Sections 43 and 44 substituted
17. Sections 43 and 44 of the Principal Act are repealed
and the following sections are substituted:
Training subject to conditions
43. (1) The Training Agreements Committee may
determine conditions in respect of the training, or
the provision of training, under a training
agreement leading to a particular qualification, a
class of qualification or all qualifications.
53
s. 18 No. Vocational Education and Training 2003
Amendment
(2) The employer and trainee under a training
agreement are to comply with any relevant
conditions determined under subsection (1).
Directions by Training Agreements Committee
44. (1) The Training Agreements Committee may
direct a party to a training agreement to take any
action the Training Agreements Committee
considers appropriate or refrain from doing any act
if the Training Agreements Committee is of the
opinion that
(a) the party has contravened the
agreement; or
(b) the party has contravened this Act; or
(c) it is otherwise appropriate to give the
direction.
(2) A direction is to be in writing provided to
the party to the training agreement.
(3) A party to the training agreement must
comply with a direction provided to him, her or it
under this section.
Penalty: Fine not exceeding 100 penalty units.
Sections 45, 46 and 47 substituted
18. Sections 45, 46 and 47 of the Principal Act are
repealed and the following sections are substituted:
54
2003 Vocational Education and Training No. s. 18
Amendment
Vocational placement agreement
45. (1) A vocational placement agreement is a
written agreement between an employer and a
registered training organisation
(a) under which the employer may provide
vocational placements for persons
undertaking training required for a
qualification; and
(b) which sets out the obligations and rights
of
(i) the employer; and
(ii) the registered training
organisation; and
(iii) the persons referred to in
paragraph (a) who are provided
with vocational placements with
or by the employer.
(2) A vocational placement agreement
(a) must contain the provisions, or
provisions of a type, determined by the
Training Agreements Committee that
are relevant to the vocational
placements being provided; and
(b) may contain other appropriate
provisions.
Vocational placement of no effect unless under
vocational placement agreement
46. An employer must not provide a vocational
placement
55
s. 19 No. Vocational Education and Training 2003
Amendment
(a) without entering into a vocational
placement agreement with the
registered training organisation; and
(b) without the approval of any relevant
trade union.
Penalty: Fine not exceeding 50 penalty units.
Offence to contravene vocational placement
agreement
47. A party to a vocational placement agreement
must not contravene the agreement.
Penalty: Fine not exceeding 50 penalty units.
Section 52 amended (Indemnity insurance)
19. Section 52 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "training
provider" first occurring and substituting
"registered training organisation";
(b) by omitting from subsection (1)(a) "training
provider" and substituting "registered training
organisation";
(c) by omitting from subsection (2) "$5 000 000"
and substituting "$10 000 000".
Section 53 inserted
20. After section 52 of the Principal Act, the following
section is inserted in Division 2:
56
2003 Vocational Education and Training No. s. 21
Amendment
Directions by Training Agreements Committee
53. (1) The Training Agreements Committee may
direct a party to a vocational placement to take any
action the Training Agreements Committee
considers appropriate or refrain from doing any act
if the Training Agreements Committee is of the
opinion that
(a) the party has contravened the vocational
placement agreement; or
(b) the party has contravened this Act; or
(c) it is otherwise appropriate to give the
direction.
(2) A direction is to be in writing provided to
the party to the vocational placement.
(3) A party to the vocational placement must
comply with a direction provided to him, her or it
under this section.
Penalty: Fine not exceeding 50 penalty units.
Part 6, Division 3 inserted
21. After section 52 of the Principal Act, the following
Division is inserted in Part 6:
57
s. 21 No. Vocational Education and Training 2003
Amendment
Division 3 Restrictions on entering into
training agreements or vocational placement
agreements
Persons who may not enter into training
agreements or vocational placement
agreements
54. (1) After allowing an employer an opportunity
to make submissions in respect of the matter, the
Training Agreements Committee may determine
that the employer is not a fit and proper person for
the purposes of entering into training agreements or
vocational placement agreements.
(2) In determining whether an employer is not
a fit and proper person, the Training Agreements
Committee may take into account
(a) whether or not the employer has
contravened this Act; and
(b) the previous behaviour of the employer
in Tasmania in relation to the fulfilment
of training agreements and vocational
placement agreements; and
(c) the previous behaviour of the employer
in any place other than Tasmania in
relation to the fulfilment of agreements
made in that place which are similar in
effect to training agreements and
vocational placement agreements; and
(d) whether or not the employer has failed
to comply with any directions given by
the Training Agreements Committee;
and
58
2003 Vocational Education and Training No. s. 21
Amendment
(e) any other matter the Committee
considers relevant.
(3) If the Training Agreements Committee
determines that an employer is not a fit and proper
person, it
(a) is to notify the employer, in writing, of
that determination and that the
employer is not entitled to enter into
training agreements or vocational
placement agreements; and
(b) may notify a body in another State or a
Territory that has functions that
correspond to those of the Training
Agreements Committee of that
determination; and
(c) may notify a department, or agency, of
the Commonwealth that has
responsibility for matters relating to
vocational education and training of that
determination.
(4) A notice under subsection (3) has effect
until revoked.
Offence to enter into training agreement or
vocational placement agreement
55. An employer who has received a notice under
section 54(3) must not enter into a training
agreement or a vocational placement agreement
while that notice has effect.
Penalty: In the case of
59
s. 22 No. Vocational Education and Training 2003
Amendment
(a) a training agreement, a fine not
exceeding 100 penalty units; or
(b) a vocational placement agreement,
a fine not exceeding 50 penalty
units.
Revocation of notice
56. (1) The Training Agreements Committee may
revoke a notice issued under section 54(3)
(a) on the application of the employer; or
(b) at its own discretion.
(2) An employer may not make an application
within 12 months after
(a) receiving the notice issued under
section 54(3); or
(b) the determination of the last such
application.
(3) An application is to be in writing and
accompanied by any prescribed fee.
(4) On determining to revoke a notice issued
under section 54(3) or refuse to revoke that notice,
the Training Agreements Committee is to notify the
employer of that determination, in writing.
Section 67 amended (Inquiries)
22. Section 67 of the Principal Act is amended as follows:
(a) by omitting paragraph (a) from subsection (1);
60
2003 Vocational Education and Training No. s. 23
Amendment
(b) by omitting from subsection (1)(b)(v)
"agreements." and substituting "agreements;
or";
(c) by inserting the following subparagraph after
subparagraph (v) in subsection (1)(b):
(vi) whether or not an employer is a fit
and proper person for the purposes
of entering into training
agreements or vocational
placement agreements.
(d) by omitting from subsection (2)(c) "the" and
substituting "any".
Section 68 amended (Disputes relating to training
and vocational placement agreements)
23. The penalty under section 68(5) of the Principal Act is
amended by omitting "5" and substituting "50".
Section 69 amended (Inspections)
24. Section 69 of the Principal Act is amended as follows:
(a) by omitting paragraph (a) from subsection (1)
and substituting the following paragraph:
(a) to require any person to produce
any records or documents relating
to
(vii) a training agreement or
training or assessments to
which a training agreement
relates; or
61
s. 25 No. Vocational Education and Training 2003
Amendment
(viii) a vocational placement
agreement or training or
assessments provided under
a vocational placement
agreement; and
(b) by inserting the following subsections after
subsection (1):
(1A) Subsection (1) does not authorise
an inspection in respect of any matter for
which the Qualifications Authority has
responsibility under this Act including, but not
limited to, records and documents relating to
the provision of training or an assessment,
other than the provision of training or an
assessment that is the subject of a training
agreement or in respect of which a vocational
placement is provided.
(1B) Part 5 of the Tasmanian
Qualifications Authority Act 2003 makes
provision for investigations and inspections in
respect of matters for which the Qualifications
Authority has responsibility under this Act.
(c) by omitting from the penalty under subsection
(4) "10" and substituting "50".
Section 70 amended (Search warrants)
25. Section 70(3) of the Principal Act is amended by
omitting "accredited training programs" and substituting
"training or assessments leading to a qualification".
62
2003 Vocational Education and Training No. s. 26
Amendment
Section 71 substituted
26. Section 71 of the Principal Act is repealed and the
following section is substituted:
Declaration of interest
71. (1) In this section
"committee" means
(a) the Training Agreements
Committee; and
(b) any advisory committee
established under section 20;
"member of a person's family" means
(a) spouse, partner, parent, step-
parent, grandparent, child,
stepchild or grandchild; or
(b) brother, sister, half-brother or
half-sister;
"partner" means the person with whom a
person is in a personal relationship,
within the meaning of the Relationships
Act 2003.
(2) If a member of the Training Authority or
any committee has any direct or indirect pecuniary
or other interest in any matter being, or about to be,
considered by the Training Authority or that
committee, the member must, as soon as practicable
after the relevant facts come to the member's
knowledge, disclose the nature of the interest to the
Training Authority or committee.
Penalty: Fine not exceeding 50 penalty units.
63
s. 26 No. Vocational Education and Training 2003
Amendment
(3) Without limiting what constitutes an
interest in a matter, a member has an interest in a
matter if the person or a member of that person's
family would receive, or would have a reasonable
expectation of receiving, a direct or indirect
pecuniary or other benefit or detriment if the matter
were decided in a particular manner.
(4) Unless the Training Authority or
committee otherwise determines, a member who has
made a disclosure under subsection (2) in relation to
a matter must not
(a) be present during any deliberation of the
Training Authority or committee in
relation to the matter; or
(b) take part in any decision of the Training
Authority or committee in relation to the
matter.
(5) For the purpose of making a determination
under subsection (4), the member to whom the
determination relates must not
(a) be present during the deliberation of the
Training Authority or committee for the
purpose of making the determination; or
(b) take part in making the determination.
(6) Subsection (2) does not apply
(a) in respect of a contract for goods or
services supplied by the Training
Authority or committee if those goods or
services are ordinarily supplied by the
Training Authority or committee and
are supplied on the same terms as they
64
2003 Vocational Education and Training No. s. 27
Amendment
are ordinarily supplied to other persons
in the same situation; or
(b) in respect of an interest that arises only
because the member is also a State
Service officer or a State Service
employee.
Section 75 amended (Training Agreements Register)
27. Section 75 of the Principal Act is amended by omitting
"a register" and substituting "the Training Agreements
Register".
Section 76 amended (Collection of records, statistics
and information)
28. Section 76(1) of the Principal Act is amended by
omitting "provider" and substituting "organisation".
Section 77 amended (Records)
29. Section 77 of the Principal Act is amended by omitting
"Accreditation and Recognition Committee" and
substituting "Qualifications Authority".
Section 79 repealed
30. Section 79 of the Principal Act is repealed.
Section 80 amended (Evidence)
31. Section 80 of the Principal Act is amended as follows:
65
s. 32 No. Vocational Education and Training 2003
Amendment
(a) by omitting from subsection (1) "register" first
occurring and substituting "Training
Agreements Register";
(b) by omitting subsection (2) and substituting the
following subsections:
(2) In any proceedings under this Act, a
certificate signed or purporting to be signed by
the chairperson of the Training Agreements
Committee stating that any person at any date
specified in the certificate was, or was not,
registered is evidence of that fact.
(3) In any proceedings under this Act or
the Tasmanian Qualifications Authority Act
2003, a certificate signed or purporting to be
signed by the chief executive officer of the
Qualifications Authority and relating to one or
more of the following matters is evidence of
the matters specified in it:
(a) whether or not a person was a
registered training organisation;
(b) whether or not a condition was a
condition to which the registration
of a person as a registered training
organisation was subject;
(c) whether or not a course was an
accredited training course.
Section 83 amended (Regulations)
32. Section 83 of the Principal Act is amended as follows:
(a) by inserting the following subsection after
subsection (1):
66
2003 Vocational Education and Training No. s. 32
Amendment
(1A) Without limiting the generality of
subsection (1), the regulations may provide for
the registration of details on the national
training register not otherwise expressly
provided for under Part 5 or 5A.
(b) by omitting from subsection (2)(b) "10" and
substituting "50";
(c) by omitting from subsection (2)(b) "2" and
substituting "10";
(d) by inserting the following subsections after
subsection (3):
(4) The regulations may authorise any
matter to be from time to time determined,
applied or regulated by the Training
Authority, the Qualifications Authority, the
Training Agreements Committee or any other
person specified in the regulations.
(5) The regulations may adopt, either
wholly or in part and with or without
modification, and either specifically or by
reference, any regulations made under the
Tasmanian Qualifications Authority Act 2003.
(6) The regulations may contain
provisions of a savings or transitional nature
consequent on the commencement of the
Vocational Education and Training
Amendment Act 2003.
(7) A provision referred to in
subsection (6) may take effect on and from the
day on which the Vocational Education and
Training Amendment Act 2003 commences or
a later day.
67
s. 33 No. Vocational Education and Training 2003
Amendment
Section 85A inserted
33. After section 85 of the Principal Act, the following
section is inserted in Part 9:
Savings and transitional provisions
consequent on Vocational Education and
Training Amendment Act 2003
85A. Schedule 5 has effect in respect of savings and
transitional provisions consequent on the
commencement of the Vocational Education and
Training Amendment Act 2003.
Section 87 repealed
34. Section 87 of the Principal Act is repealed.
Schedule 1 amended (Membership and Meetings of
Training Authority)
35. Schedule 1 to the Principal Act is amended by
inserting after clause 8 the following clause:
Resolutions without meetings
8A. (1) If all members appointed sign a document
containing a statement that they are in favour of a
resolution in the terms set out in the document, a
resolution in those terms is taken to have been
passed at a meeting of the Training Authority held
on the day on which the document is signed or, if the
members do not sign it on the same day, on the day
on which the last member signs the document.
(2) If a resolution is taken to have been passed
under subclause (1), each member is to be
68
2003 Vocational Education and Training No. s. 36
Amendment
(a) advised immediately of the matter; and
(b) given a copy of the terms of the
resolution.
(3) For the purposes of subclause (1), 2 or
more separate documents containing a statement in
identical terms, each of which is signed by one or
more members, is taken to constitute one document.
Schedule 2 amended (Membership and Meetings of
Committees)
36. Schedule 2 to the Principal Act is amended as follows:
(a) by omitting from the heading
"COMMITTEES" and substituting
"TRAINING AGREEMENTS
COMMITTEE";
(b) by omitting clause 1 and substituting the
following clause:
Interpretation
1. In this Schedule, "member" means a
member of the Training Agreements
Committee.
(c) by omitting from clause 6(1) "or paragraph (b),
(c), (d), (e) or (f) of section 17(2)";
(d) by omitting from clause 6(1) "those
paragraphs" and substituting "that
paragraph";
(e) by omitting subclause (2) from clause 6;
69
s. 36 No. Vocational Education and Training 2003
Amendment
(f) by omitting from clause 7(b)(ii) "the Training
Agreements Committee or 4 members of the
Accreditation and Recognition" and
substituting "that";
(g) by omitting subclause (1) from clause 8 and
substituting the following subclause:
(1) The quorum at any duly convened
meeting of the Training Agreements
Committee is 4 members.
(h) by inserting the following clause after clause
8:
Resolutions without meetings
8A. (1) If all members appointed sign a
document containing a statement that they
are in favour of a resolution in the terms set
out in the document, a resolution in those
terms is taken to have been passed at a
meeting of the Training Agreements
Committee held on the day on which the
document is signed or, if the members do not
sign it on the same day, on the day on which
the last member signs the document.
(2) If a resolution is taken to have been
passed under subclause (1), each member is to
be
(a) advised immediately of the
matter; and
(b) given a copy of the terms of the
resolution.
(3) For the purposes of subclause (1), 2
or more separate documents containing a
70
2003 Vocational Education and Training No. s. 37
Amendment
statement in identical terms, each of which is
signed by one or more members, is taken to
constitute one document.
(i) by omitting from clause 10 "A" and
substituting "The Training Agreements".
Schedule 5 inserted
37. After Schedule 4 to the Principal Act, the following
Schedule is inserted:
SCHEDULE 5 SAVINGS AND
TRANSITIONAL PROVISIONS CONSEQUENT
ON VOCATIONAL EDUCATION AND
TRAINING AMENDMENT ACT 2003
Section 85A
PART 1 PRELIMINARY
Interpretation
1. In this Schedule
"Accreditation Committee" means the
Tasmanian Accreditation and
Recognition Committee continued under
section 17 of the former Act;
"ANTA service" means the National
Training Information Service
maintained by ANTA;
"commencement day" means the day on
which this Act commences;
71
s. 37 No. Vocational Education and Training 2003
Amendment
"former Act" means this Act as in force
immediately before the commencement
day;
"recorded condition" means a condition of a
registered training organisation that is
taken to be registered by reason of
clause 5(3).
PART 2 SAVINGS AND TRANSITIONAL PROVISIONS
Abolition of Accreditation Committee
2. (1) The Accreditation Committee is abolished on
1 February 2004 or the commencement day,
whichever occurs later.
(2) The appointment of each member of the
Accreditation Committee is revoked on
1 February 2004 or the commencement day,
whichever occurs later.
Section 77 report
3. For the purposes of the report due to be provided
by 31 January 2004 under section 77(b), that section
continues to apply to the Accreditation Committee
as if that section had not been amended by the
Vocational Education and Training Amendment Act
2003.
Directions by Accreditation Committee
4. A direction given by the Accreditation Committee
under section 19A of the former Act and not
complied with before the commencement day is
72
2003 Vocational Education and Training No. s. 37
Amendment
taken to be a direction given by the Qualifications
Authority under section 26 of this Act.
Details on ANTA service
5. (1) A person who immediately before the
commencement day is noted in the ANTA service as
a registered training provider is taken to have been
registered as a registered training organisation
under Part 5 or a corresponding law that
corresponds to that Part by the Qualifications
Authority or a registering body, as appropriate.
(2) The scope of registration and term of
registration of a registered training provider noted
in the ANTA service immediately before the
commencement day are taken to have been
registered as the scope of registration and term of
registration of a registered training organisation
under Part 5 or a corresponding law that
corresponds to that Part by the Qualifications
Authority or a registering body, as appropriate.
(3) The registered conditions of a registered
training provider noted in the ANTA service
immediately before the commencement day are
taken to have been registered as the registered
conditions of a registered training organisation
under Part 5 or a corresponding law that
corresponds to that Part by the Qualifications
Authority or a registering body, as appropriate.
(4) The registration of a course noted in the
ANTA service immediately before the
commencement day is taken to have been registered
as an accredited training course under Part 5A or a
corresponding law that corresponds to that Part by
73
s. 37 No. Vocational Education and Training 2003
Amendment
the Qualifications Authority or a registering body, as
appropriate.
(5) The term of registration of a course noted
in the ANTA service immediately before the
commencement day is taken to have been registered
as the term of registration of an accredited training
course under Part 5A or a corresponding law that
corresponds to that Part by the Qualifications
Authority or a registering body, as appropriate.
Recorded conditions
6. On the commencement day, a recorded condition
is taken to be a condition imposed under section 32,
32D or 32F, or a corresponding law that corresponds
to any of those sections, if a similar condition may be
imposed under that section or corresponding law in
similar circumstances to those applying when the
recorded condition was imposed.
Application to be registered training provider
7. (1) An application for registration as a registered
training provider made to Accreditation Committee,
and accompanied by the fee required, under
section 25 of the former Act and not determined
before the commencement day is taken to be an
application for registration as a registered training
organisation made to the Qualifications Authority
under section 30 of this Act and to have been
accompanied by the appropriate prescribed fee.
(2) Any thing done by the Accreditation
Committee in relation to an application referred to
74
2003 Vocational Education and Training No. s. 37
Amendment
in subclause (1) is taken to have been done by the
Qualifications Authority.
Certificate of registration
8. A certificate of registration issued under
section 26 of the former Act is taken to be a
registration certificate issued under section 32A of
this Act.
Application for accreditation of training
program
9. (1) An application for accreditation of a training
program made to the Accreditation Committee, and
accompanied by the fee required, under section 29 of
the former Act and not determined before the
commencement day is taken to be an application for
the accreditation of a course made to the
Qualifications Authority under section 32T of this
Act and to have been accompanied by the
appropriate prescribed fee.
(2) Any thing done by the Accreditation
Committee in relation to an application referred to
in subclause (1) is taken to have been done by the
Qualifications Authority.
Certificate of accreditation
10. A certificate of accreditation issued under
section 30 of the former Act is taken to be an
accreditation certificate issued under section 32V of
this Act.
75
s. 37 No. Vocational Education and Training 2003
Amendment
Other applications
11. (1) In this clause, "application" means an
application made under the former Act, other than
an application for registration as a registered
training provider or for the accreditation of a
training program.
(2) If an application has been made to the
Accreditation Committee and not determined before
the commencement day
(a) that application is taken to have been
made to the Qualifications Authority
under this Act; and
(b) anything done by the Accreditation
Committee in relation to that
application is taken to have been done
by the Qualifications Authority.
Documents
12. (1) If appropriate, a certificate or other
document issued or made by the Accreditation
Committee under the former Act is taken to have
been issued or made by the Qualifications Authority
under this Act.
(2) If appropriate, a reference to the
Accreditation Committee in any Act, certificate or
other document, is taken to be, or to include, a
reference to the Qualifications Authority.
(3) If appropriate, a document served on or by,
or otherwise provided to or by, the Accreditation
Committee is taken to be served on or by, or
provided to or by, the Qualifications Authority.
76
2003 Vocational Education and Training No. s. 38
Amendment
Inquiries
13. If, under section 67 of the former Act, an
application has been made to the Training Authority
for the carrying out of an inquiry into a decision of
the Accreditation Committee or the Training
Authority has commenced such an inquiry on its
own motion, but the inquiry has not been completed
before the commencement day
(a) that application is taken to have been
made, or the inquiry is taken to have
been commenced, under section 67 of
this Act in respect of a decision of the
Qualifications Authority and that
decision is taken to be one for which an
inquiry may be undertaken under that
section; and
(b) the inquiry may be continued in
accordance with section 67 of this Act.
Substitutions
38. Each of the provisions of the Principal Act specified in
Column 1 of Schedule 1 is amended by omitting "a" on the
number of occurrences specified in Column 2 of that
Schedule and substituting "the Training Agreements".
77
sch. 1 No. Vocational Education and Training 2003
Amendment
SCHEDULE 1 SUBSTITUTIONS
Section 38
Column 1 Column 2
Provision amended Number of
occurrences
Clause 5(2)(a) of Schedule 2 1
Clause 7 of Schedule 2 first only
Clause 8(2) of Schedule 2 first only
Clause 8(3) of Schedule 2 second only
Clause 8(4) of Schedule 2 second only
Clause 9(1) of Schedule 2 1
Clause 9(2) of Schedule 2 first only
Clause 11 of Schedule 2 1
Clause 12(1) of Schedule 2 first only
Clause 12(1) of Schedule 2 third only
Clause 12(2) of Schedule 2 first only
Clause 12(2) of Schedule 2 third only
Clause 13 of Schedule 2 first only
78 Government Printer, Tasmania