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PARLIAMENT OF VICTORIA
Vocational Education and Training (Training
Framework) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purpose 2
2. Commencement 2
PART 2--AMENDMENTS TO THE VOCATIONAL EDUCATION
AND TRAINING ACT 1990 3
3. Principal Act 3
4. Amendment of definitions 3
5. Objects 4
6. New section 9C inserted 4
9C. Functions of the Board under Commonwealth Workplace
Relations Act 1996 4
7. Board's power of delegation 4
8. New section 20AA inserted 5
20AA. Power of further delegation--Workplace Relations Act
1996 of the Commonwealth 5
9. Delegations to approved training agents 5
10. New Part 5 substituted 5
PART 5--APPRENTICESHIPS 6
Division 1--Application of Part 6
49. Binding of Crown 6
50. Application of Part 6
Division 2--Training Schemes 6
51. Training schemes 6
52. Schedule 3 7
Division 3--Training Agreements 9
53. Employer must have Board's approval to enter into a training
agreement with an apprentice 9
54. Employer's obligations under a training agreement 10
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Clause Page
55. Apprentice's obligations under a training agreement 11
56. General provisions about training agreements 11
57. Term of a training agreement 13
58. Cancellation, suspension or variation of a training agreement 13
59. Suspension or cancellation of a training agreement if
insufficient employment available 14
60. Board to determine grievances in certain circumstances 15
61. Associations of employers may employ apprentices 16
62. Partnerships 16
Division 4--Miscellaneous 17
63. Register of apprentices 17
64. Subsidies 17
11. Definitions 17
12. Consequential amendments to section 74 17
13. Substitution of section 75 and repeal of section 76 17
75. Minister may establish training recognition boards 18
14. Accreditation of courses 19
15. State Register of Accredited Courses and Recognised
Qualifications 19
16. Approval for delivery of courses 19
17. Offences 19
18. Registration of training organisations 20
19. Offences 21
20. Approval to deliver accredited courses 22
21. Register 22
22. Endorsement of courses for overseas students 22
23. Defence Force Training 24
24. Definitions 24
25. Rates of payment for students on practical placement 24
26. Conditions on the placement of post-secondary students 25
27. New section 90 substituted 25
90. Suspension of conditions for students 25
28. Authorised officers 25
29. Evidentiary provisions 25
30. Certificates 26
93AA. Certificates 26
31. Reference to Subordinate Legislation Act 26
32. Fees for certificates 26
33. New section 94B inserted 27
94B. After section 94A of the Principal Act insert--Review of
decisions by training agents 27
34. State Training Wage 27
35. Statute law revision 29
36. Further savings provisions 29
Division 2--Further savings provisions 29
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Clause Page
98. Vocational Education and Training (Training
Framework) Act 1997 29
PART 3--AMENDMENTS TO THE ADULT, COMMUNITY AND
FURTHER EDUCATION ACT 1991 31
37. Principal Act 31
38. Adult, community and further education plan 31
39. Accreditation of courses 31
40. New section 13B substituted 31
13B. Minister may establish further education recognition
boards 32
41. Registration of training organisations 33
42. Approval to deliver accredited courses 34
43. Membership of the Board 34
44. Delegations 34
45. New section 27A inserted 34
27A. Delegations to approved training agents 35
46. Functions of Regional Councils 36
47. Accountability of Regional Council 36
48. Chairpersons of Regional Councils 36
49. New section 52 inserted 36
52. Saving of Board 36
PART 4--AMENDMENTS TO OTHER ACTS 37
Division 1--Accident Compensation Act 1985 37
50. Amendment of definitions 37
Division 2--Accident Compensation (WorkCover Insurance) Act
1993 38
51. Amendment of application of Act--post-secondary students on
work experience placement 38
Division 3 --Pay-roll Tax Act 1971 38
52. Exemption from Pay-roll tax--consequential amendment 38
Division 4 --Tertiary Education Act 1993 38
53. Amendment to definition 38
54. References to Subordinate Legislation Act 39
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Clause Page
PART 6--CONSEQUENTIAL AMENDMENTS 40
55. Consequential amendments 40
__________________
SCHEDULE 1--Consequential Amendments 41
NOTES 42
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PARLIAMENT OF VICTORIA
A BILL
to amend the Vocational Education and Training Act 1990 and the
Adult, Community and Further Education Act 1991 to make
further provision for vocational education and training and adult,
community and further education, to amend the Accident
Compensation Act 1985, the Accident Compensation (WorkCover
Insurance) Act 1993 and the Pay-roll Tax Act 1971, to make
consequential amendments to other Acts and for other purposes.
Vocational Education and Training
(Training Framework) Act 1997
The Parliament of Victoria enacts as follows:
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531241B.I1-16/9/97
Vocational Education and Training (Training Framework) Act
1997
s. 1
Act No.
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the
Vocational Education and Training Act 1990
5 and the Adult, Community and Further
Education Act 1991 to make further provision for
vocational education and training and adult,
community and further education, to amend the
Accident Compensation Act 1985, the Accident
10 Compensation (WorkCover Insurance) Act
1993 and the Pay-roll Tax Act 1971 and to make
consequential amendments to other Acts.
2. Commencement
(1) This Part and sections 2, 6, 8 and 34(1) come into
15 operation on the day on which this Act receives
the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
20 (3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 1999, it
comes into operation on that day.
_______________
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Vocational Education and Training (Training Framework) Act
1997
s. 3
Act No.
PART 2--AMENDMENTS TO THE VOCATIONAL
EDUCATION AND TRAINING ACT 1990
3. Principal Act
No. 45/1990.
In this Part the Vocational Education and
Reprint No. 2
5 Training Act 1990 is called the Principal Act. as at 27
August 1997.
Further
amended by
Act No.
21/1990.
4. Amendment of definitions
In section 3 of the Principal Act--
(a) in the definition of "accredited course" after
"Courses" insert "and Recognised
10 Qualifications";
(b) in the definition of "apprentice" for "contract
of training in a trade" substitute "training
agreement";
(c) omit the definitions of "declared vocation",
15 "Defence Force", "employment agreement",
"trade" and "trainee";
(d) after the definition of "prescribed" insert--
' "recognised qualification" means a
qualification that is registered on the
20 State Register of Accredited Courses
and Recognised Qualifications;
"registered training organisation" means a
person or body registered under section
81 to deliver an accredited course or
25 issue a recognised qualification;';
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s. 5
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(e) for the definition of "State Register of
Accredited Courses" substitute--
' "State Register of Accredited Courses
and Recognised Qualifications"
5 means the State Register of Accredited
Courses and Recognised Qualifications
maintained by the Board under section
78A;'.
5. Objects
10 After section 4(e) of the Principal Act insert--
"(ea) to provide for the registration of recognised
qualifications;".
6. New section 9C inserted
After section 9B of the Principal Act insert--
15 "9C. Functions of the Board under
Commonwealth Workplace Relations Act
1996
If the Board is declared an approving
authority for the purposes of Part VIE of the
20 Workplace Relations Act 1996 of the
Commonwealth it may perform the functions
and exercise the powers conferred on it by
that Act.".
7. Board's power of delegation
25 (1) In section 20(1) of the Principal Act, for
paragraphs (d) and (e) substitute--
"(d) to the members of a training recognition
board established under section 75; or".
(2) In section 20(1)(g) of the Principal Act, for "or an
30 officer or employee appointed under section 25 of
the Adult, Community and Further Education
Act 1991" substitute "the members of a further
education recognition board established under
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Vocational Education and Training (Training Framework) Act
1997
s. 8
Act No.
section 13B of the Adult, Community and
Further Education Act 1991 or an officer or
employee appointed under section 25 of that Act".
(3) In section 20(5) of the Principal Act--
5 (a) for "31" substitute "13B or 31";
(b) omit ", 78".
8. New section 20AA inserted
After section 20 of the Principal Act insert--
"20AA. Power of further delegation--Workplace
10 Relations Act 1996 of the Commonwealth
(1) Without limiting the powers of the Board
under section 20, the Board may if so
authorised by or under the Workplace
Relations Act 1996 of the Commonwealth,
15 by instrument under its common seal, further
delegate any of the powers or functions
referred to in section 9C to the Director or an
officer or employee appointed or employed
under section 19.
20 (2) Sections 42 and 42A of the Interpretation
of Legislation Act 1984 apply to a further
delegation authorised by this section in the
same way as they apply to a delegation.".
9. Delegations to approved training agents
25 In section 20B of the Principal Act, for "52, 53(1)
and (2), 54(3), 55, 59(2A), (3) or (4), 60, 61(2),
62(2) or 63 or any power or function of the Board
to determine ratios under section 56 relating to a
particular employer" substitute "53, 56(3), 57,
30 59(2), 74, 81 and 85".
10. New Part 5 substituted
For Part 5 of the Principal Act substitute--
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1997
s. 10
Act No.
'PART 5--APPRENTICESHIPS
Division 1--Application of Part
49. Binding of Crown
This Part binds the Crown, not only in right
5 of the State of Victoria but also, so far as the
legislative power of Parliament permits, the
Crown in all its other capacities.
50. Application of Part
Sections 58(1), 59(2), (3) and (4), 60(1)(d)
10 and 62 do not apply to, or in relation to, a
vocation if the Board makes a determination
under section 51, that those provisions do not
apply to the vocation specified in the
determination.
15 Division 2--Training Schemes
51. Training schemes
(1) The Board may determine that a specified
training scheme is an approved training
scheme.
20 (2) A determination under sub-section (1) may
provide for all or any of the following
matters--
(a) whether the vocation is one to which
sections 58(1), 59(2), (3) and (4),
25 60(1)(d) and 62 do not apply;
(b) the duration of an approved training
scheme by reference to a fixed period
or a maximum or minimum period;
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1997
s. 10
Act No.
(c) whether any apprentice may be
engaged as a full time or part time
employee;
(d) any requirement for a probationary
5 period and, if so, its length;
(e) the nature and syllabus of the training
scheme and any course of study,
instruction or practical or workplace
training comprising the content of that
10 scheme;
(f) the requirements as to age, education,
experience or any other matter to be
satisfied by a person wishing to
undertake the training scheme;
15 (g) the standards of skill and knowledge
required to adequately perform the
activities or tasks of the vocation which
are to be obtained by an apprentice
undertaking the training scheme;
20 (h) the credit to be given in the training
scheme for any qualifications, training
or experience that an apprentice
undertaking the training scheme has
prior to entry to that scheme.
25 (3) A determination may be made so as to apply,
adopt or incorporate any matter contained in
any document issued or published by any
person or body.
(4) The Board must cause a notice to be
30 published in the Government Gazette of the
making of a determination and setting out
where copies of the approved training
scheme can be obtained.
52. Schedule 3
35 (1) Schedule 3 has effect.
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1997
s. 10
Act No.
(2) A provision of a training agreement or an
employment agreement or any other contract
of employment to which an apprentice is a
party is of no effect to the extent that it
5 provides a term or condition of employment
that is less favourable to the apprentice than
one applicable under Schedule 3.
(3) An employer must not enter into, or purport
to enter into a training agreement or an
10 employment agreement or any other contract
of employment with an apprentice that
provides a term or condition of employment
that is less favourable to the apprentice than
one applicable under clause 6(1) of
15 Schedule 3.
Penalty: 100 penalty units.
(4) If a training agreement or an employment
agreement or any other contract of
employment to which an apprentice is a
20 party does not at any time comply with a
term or condition of employment applicable
under clause 6(1) of Schedule 3, it must then,
for the purposes of section 160 of the Long
Service Leave Act 1992, be taken to have
25 effect as if it did.
(5) A training agreement or an employment
agreement or any other contract of
employment entered into by an employer in
contravention of sub-section (3) is not, for
30 that reason only, illegal, void or
unenforceable.
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Vocational Education and Training (Training Framework) Act
1997
s. 10
Act No.
Division 3--Training Agreements
53. Employer must have Board's approval to
enter into a training agreement with an
apprentice
5 (1) An employer must not employ a person
under a training agreement unless the
employer is approved by the Board to do so.
Penalty: in the case of a natural person, 10
penalty units, or, in the case of a
10 body corporate, 50 penalty units.
(2) In determining whether to approve an
employer to employ a person under a
training agreement the Board must have
regard to the employer's ability to comply
15 with the training agreement and without
limiting the generality of the foregoing to all
or any of the following matters--
(a) the premises in which the person is to
be employed;
20 (b) the equipment and methods to be used
in training;
(c) whether any person whom the
employer uses or proposes to use for
the purpose of supervising the training
25 of an apprentice under a training
agreement--
(i) has the appropriate qualifications,
knowledge and skill for that
purpose; and
30 (ii) is otherwise a fit and proper
person for that purpose;
(d) whether the employer is a fit and proper
person for employing an apprentice.
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1997
s. 10
Act No.
(3) An approval under sub-section (1) may be
given subject to conditions--
(a) limiting the number of apprentices that
the employer may have in the
5 employer's employment at any one
time; and
(b) as to any other matters that the Board
thinks fit.
(4) The Board may revoke an approval at any
10 time and in any circumstances including
those where a condition of the approval is
breached.
54. Employer's obligations under a training
agreement
15 (1) An employer who employs an apprentice
under a training agreement--
(a) must ensure that the apprentice is
trained in accordance with an approved
training scheme; and
20 (b) must allow the apprentice to comply
with the approved training scheme
without hindrance if that scheme or any
part of that scheme is conducted during
normal working hours.
25 Penalty: For a natural person, 10 penalty
units.
For a body corporate, 50 penalty
units.
(2) If an apprentice under a training agreement
30 attends a vocational education and training
course provided by a registered training
organisation in accordance with an approved
training scheme during normal working
hours, that attendance shall be deemed to be
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Vocational Education and Training (Training Framework) Act
1997
s. 10
Act No.
attendance at work for the purposes of any
employment agreement or any other contract
of employment.
55. Apprentice's obligations under a training
5 agreement
An apprentice's obligations under a training
agreement include the obligation to comply
with the requirements of the approved
training scheme.
10 56. General provisions about training
agreements
(1) A training agreement must be in the form,
and contain the particulars, approved by the
Board and must include an outline of the
15 training to be provided to the apprentice.
(2) The parties to a training agreement are the
employer, the apprentice and, if the
apprentice is under 18 years, the parent or
guardian of the apprentice.
20 (3) If an apprentice has no parent or guardian or
no parent or guardian resident in Victoria
and capable of acting, the Board may
approve a person to act instead of the parent
or guardian.
25 (4) If an apprentice is under the age of 18 years
and the Board is satisfied that it is in the
interests of the employer and the apprentice,
the Board may consent to the training
agreement being executed by the employer
30 and the apprentice only.
(5) The Board must endorse its consent under
sub-section (4) on the original training
agreement and the endorsement has the
effect of dispensing with the necessity of
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1997
s. 10
Act No.
there being a parent or guardian as a party to
the training agreement.
(6) The employer must arrange for--
(a) the training agreement to be executed
5 by the parties and lodged with the
Board or a person or body nominated
by the Board within 14 days after the
date of execution of the training
agreement; and
10 (b) a copy of the training agreement to be
given to the apprentice within 14 days
after the date of execution of the
training agreement; and
(c) the apprentice to be enrolled in a
15 vocational education and training
course provided by a registered training
organisation, as required by the
approved training scheme, within 3
months after the date of commencement
20 of the training agreement; and
(d) an outline of the training to be signed
by--
(i) the employer;
(ii) the apprentice; and
25 (iii) the registered training
organisation;
(e) a copy of the outline of the training
referred to in paragraph (d) to be
lodged with the Board, a person or
30 body nominated by the Board or an
approved training agent within 3
months after the date of commencement
of the training agreement.
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1997
s. 10
Act No.
57. Term of a training agreement
(1) The Board may determine the term or terms
or fix minimum or maximum terms of
training agreements for any vocation or for
5 any specified training agreement.
(2) If the Board is satisfied that an apprentice
has the knowledge and skills required under
a training agreement it may reduce the term
of the agreement.
10 (3) If the Board is satisfied that an apprentice
does not have the knowledge and skills
required under a training agreement it may
extend the term of the agreement.
58. Cancellation, suspension or variation of a
15 training agreement
(1) The parties to a training agreement may by
mutual consent--
(a) cancel the training agreement; or
(b) suspend the training agreement; or
20 (c) vary the provisions of the training
agreement.
(2) The Board may at any time order the
cancellation or suspension of a training
agreement if it is of the opinion that special
25 circumstances make the cancellation or
suspension desirable.
(3) The powers of the Board under sub-section
(2) are in addition to any other powers of the
Board under this Part.
30
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1997
s. 10
Act No.
59. Suspension or cancellation of a training
agreement if insufficient employment
available
(1) If an employer is temporarily unable to
5 provide sufficient work to keep an apprentice
fully employed under a training agreement
during any working week or month, the
employer may--
(a) reduce the time of employment of the
10 apprentice in the week or month; and
(b) reduce the wages of the apprentice in
proportion to the reduction of the time
of his or her employment in the week or
month.
15 (2) If an employer cannot provide sufficient
employment for an apprentice employed by
the employer under a training agreement
because of lack of business or financial
difficulties the Board may, on the application
20 of the employer--
(a) order the suspension of the training
agreement for any period that the Board
thinks fit; or
(b) order the cancellation of the training
25 agreement.
(3) The Board must not make an order unless it
is satisfied after due inquiry that the
circumstances warrant the making of an
order.
30 (4) Nothing in this section limits the powers of
the employer to stand down an apprentice
under a provision of the apprentice's training
agreement for the standing-down of
apprentices who cannot usefully be
35 employed because of any strike, breakdown
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Vocational Education and Training (Training Framework) Act
1997
s. 10
Act No.
of machinery or any stoppage of work for
any cause for which the employer cannot
reasonably be held responsible or the
deduction of payment for any part of a day
5 during which the apprentice is stood down.
60. Board to determine grievances in certain
circumstances
(1) The Board may determine any question or
difference arising between an employer and
10 an apprentice about--
(a) the training agreement or anything
contained in the training agreement; or
(b) the construction or operation of the
training agreement; or
15 (c) the rights, duties and liabilities of the
employer or apprentice under the
training agreement; or
(d) the dismissal or threatened dismissal of
an apprentice if the apprentice believes
20 that the dismissal or threatened
dismissal is harsh, unjust or
unreasonable.
(2) The Board must not determine any question
or difference about whether money is or is
25 not due by an employer to an apprentice.
(3) The Board must enquire into any matter
referred to it under this section and it may--
(a) cancel, suspend or vary the training
agreement; or
30 (b) order all or any parties to a training
agreement to perform all or specified
obligations or duties under or related to
the agreement; or
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1997
s. 10
Act No.
(c) make any consequential orders that it
thinks fit;
(d) make any other order it thinks fit.
(4) A party to a proceeding before the Board
5 under this section is not entitled to legal
representation.
(5) A person must not contravene any order
made by the Board under this section.
Penalty: 5 penalty units.
10 61. Associations of employers may employ
apprentices
(1) An association of employers may enter into a
training agreement with a person.
(2) The members of an association of employers
15 that is not a body corporate must appoint one
of their members who--
(a) is to be treated as the employer of the
apprentice for the purposes of this Act;
and
20 (b) must execute the training agreement on
behalf of the association; and
(c) is responsible for complying with this
Act and the regulations.
62. Partnerships
25 (1) If a person has entered into a training
agreement with partners, the training
agreement is not determined by reason only
of the death or retirement of any of those
partners but is to be treated as being assigned
30 to the surviving or continuing partner or
partners.
(2) Upon the transmission of the business or any
part of the business of an employer, the
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1997
s. 11
13
Act No.
training agreement of an apprentice in any
vocation which may form part of the
business transmitted is to be treated as being
assigned to the person to whom the business
5 is being transmitted.
(3) In this section "transmission" includes
transfer, conveyance, assignment or
succession whether by agreement or
operation of law.
10 Division 4--Miscellaneous
63. Register of apprentices
The Board must establish and maintain a
register of apprentices who have entered into
training agreements which have been lodged
15 under section 56.
64. Subsidies
The Board may cause to be paid to an
apprentice a subsidy towards the costs
incurred in attending a vocational education
20 and training course required by the training
scheme and conducted by a registered
training organisation at a place remote from
the apprentice's home or place of work.'.
11. Definitions
25 Division 1 of Part 6 of the Principal Act is
repealed.
12. Consequential amendments to section 74
In section 74(1)(b), (2)(b) and (3)(b) of the
Principal Act, after "Accredited Courses" insert
30 "and Recognised Qualifications".
13. Substitution of section 75 and repeal of section 76
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Act No.
For sections 75 and 76 of the Principal Act
substitute--
'75. Minister may establish training recognition
boards
5 (1) The Minister may, by Order published in the
Government Gazette, establish training
recognition boards.
(2) The functions of a training recognition board
are--
10 (a) to provide advice to the Board and the
Adult, Community and Further
Education Board--
(i) about the accreditation of
vocational education and training
15 and further education courses; and
(ii) the registration of a person or
body as a registered training
organisation; and
(b) to exercise any of the Board's powers
20 under section 74, 81 or 85 that are
delegated to its members under this
Act; and
(c) to exercise any of the powers of the
Adult, Community and Further
25 Education Board under section 27 of
the Adult, Community and Further
Education Act 1991 that are delegated
to its members.
(3) If a majority of the members of a training
30 recognition board for the time being holding
office so agree, a meeting of the training
recognition board may be held by means of a
method of communication, or by means of a
combination of methods of communication,
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1997
s. 14
Act No.
approved by the training recognition board
for the purposes of that meeting.
(4) For the purposes of this section, a member of
a training recognition board who participates
5 in a meeting held as permitted by sub-section
(3) is present at the meeting even if he or she
is not physically present at the same place as
another member participating in the meeting.
(5) In this section "meeting" includes part of a
10 meeting.'.
14. Accreditation of courses
Sections 77 and 78 of the Principal Act are
repealed.
15. State Register of Accredited Courses and Recognised
15 Qualifications
(1) In section 78A(1) and (2) of the Principal Act
after "Courses" (wherever occurring) insert "and
Recognised Qualifications".
(2) After section 78A(2) of the Principal Act insert--
20 "(2A) At the request of the Minister, the Board
must record on the State Register of
Accredited Courses and Recognised
Qualifications a qualification that the
Minister is satisfied should be registered as a
25 recognised qualification.".
16. Approval for delivery of courses
Section 79 of the Principal Act is repealed.
17. Offences
(1) In section 80(1) of the Principal Act, for
30 paragraphs (a), (ab), (b), (c) and (e) substitute--
"(a) is registered under section 81; or
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1997
s. 18
Act No.
(b) is registered under section 13D of the Adult,
Community and Further Education Act
1991.
Penalty: For a natural person, 40 penalty units.
5 For a body corporate, 200 penalty
units.".
(2) In section 80(2) of the Principal Act, for
paragraphs (a), (ab), (b), (c) and (e) substitute--
"(a) is registered under section 81; or
10 (b) is registered under section 13D of the Adult,
Community and Further Education Act
1991.".
(3) In the penalty set out at the foot of section 80(2)
of the Principal Act--
15 (a) for "(a) in the case of" substitute "For"; and
(b) for "(b) in the case of" substitute "For".
18. Registration of training organisations
(1) After section 81(1) of the Principal Act insert--
"(1A) Any person or body that proposes to award,
20 confer or issue a recognised qualification
may apply to the Board for registration.".
(2) In section 81(2) of the Principal Act, for
paragraph (b) substitute--
"(b) the qualification or class of qualifications
25 determined by the Board;".
(3) In section 81(3) of the Principal Act--
(a) for "or course--" substitute ", course or
qualification--";
(b) for paragraphs (a) to (t) substitute--
30 "(a) financial standards;
(b) marketing and promotion;
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(c) recruitment and selection of students;
(d) class sizes;
(e) delivery and assessment of training;
(f) premises, equipment, materials and
5 resources;
(g) issuing of qualifications;
(h) qualifications and experience of staff;
(i) contracts with respect to students;
(j) student grievance procedures;
10 (k) recording and reporting requirements;
(l) previous experience in providing
courses or issuing qualifications;
(m) the cost of services to be provided;
(n) the ability of the person or body to
15 comply with and the person or body's
record of compliance with any
guidelines issued by the Board about
any of the matters mentioned in this
section.".
20 (4) In section 81(5) of the Principal Act, for "3"
substitute "5".
19. Offences
(1) In section 82 of the Principal Act, for paragraphs
(a), (b), (d), (e) and (f) substitute--
25 "(a) the person or body is registered under
section 81; or
(b) the person or body is registered under
section 13D of the Adult, Community and
Further Education Act 1991.".
30 (2) After section 82 of the Principal Act insert--
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s. 20
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'(2) A person or body must not in relation to a
qualification awarded, conferred or issued by
that person or body use the term
"government recognised" or any other term,
5 title, letters or description implying or that
may reasonably be understood to imply that
the qualification is a recognised qualification
unless the person or body is registered under
section 81 or under section 13D of the
10 Adult, Community and Further
Education Act 1991.
Penalty: For a natural person, 40 penalty units.
For a body corporate, 200 penalty
units.'.
15 20. Approval to deliver accredited courses
Section 83 of the Principal Act is repealed.
21. Register
In section 84 of the Principal Act after "81" insert
"and persons or bodies registered under that
20 section who or which may award, confer or issue
recognised qualifications".
22. Endorsement of courses for overseas students
(1) For section 85(3) of the Principal Act
substitute--
25 "(3) In deciding whether to endorse a course the
Board may have regard to all or any of the
following matters in relation to the
institution offering the course--
(a) financial standards;
30 (b) marketing and promotion;
(c) recruitment and selection of students;
(d) class sizes;
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(e) delivery and assessment of training;
(f) premises, equipment, materials and
resources;
(g) issuing of qualifications;
5 (h) qualifications and experience of staff;
(i) contracts with respect to students;
(j) student grievance procedures;
(k) recording and reporting requirements;
(l) previous experience in providing
10 courses;
(m) the ability of the institution to comply
with and the institution's record of
compliance with any Act of the
Commonwealth or a State or Territory
15 of the Commonwealth relating to
education services for overseas
students;
(n) student housing and accommodation;
(o) welfare services for students;
20 (p) the ability of the person or body to
comply with and the person or body's
record of compliance with any
guidelines issued by the Board about
any of the matters mentioned in this
25 section;
(q) any other matter relating to the
management or operation of the
institution.".
(2) In section 85(5) of the Principal Act, for "three"
30 substitute "5".
(3) In section 85(6) and (7) of the Principal Act, omit
"of study" (wherever occurring).
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s. 23
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23. Defence Force Training
Division 5 of Part 6 of the Principal Act is
repealed.
24. Definitions
5 In section 86 of the Principal Act--
(a) the definition of "disabled student" is
repealed;
(b) for the definition of "TAFE provider"
substitute--
10 ' "TAFE provider" means a body registered
under section 81 or section 13D of the
Adult, Community and Further
Education Act 1991.'.
25. Rates of payment for students on practical placement
15 After section 87(2) of the Principal Act insert--
"(3) The Governor in Council may, by Order
published in the Government Gazette, fix a
rate of payment for students employed under
an agreement referred to in sub-section (1).
20 (4) A student employed under an agreement
referred to in sub-section (1) is entitled to
receive payment at the rate of payment that
is fixed by Order of the Governor in Council.
(5) The minimum rate of payment payable to a
25 student employed under an agreement
referred to in sub-section (1), despite
anything to the contrary in any Act or law, is
the minimum rate of payment as fixed by
Order of the Governor in Council.
30 (6) A department of the Commonwealth
government or a body established pursuant
to a Commonwealth Act that employs a
student under an agreement referred to in
24
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Vocational Education and Training (Training Framework) Act
1997
s. 26
Act No.
sub-section (1) is not required to make any
payment to the student, despite anything to
the contrary in this or in any other Act or in
any law or training agreement.
5 (7) For the purposes of the Accident
Compensation Act 1985, a student
employed under an agreement referred to in
sub-section (1) is deemed to be paid the
minimum rate of payment as fixed by Order
10 of the Governor in Council.".
26. Conditions on the placement of post-secondary
students
Section 89 of the Principal Act is repealed.
27. New section 90 substituted
15 For section 90 of the Principal Act substitute--
"90. Suspension of conditions for students
(1) The Board may suspend the operation of all
or any of the provisions of this Part for any
student or class of students.
20 (2) A suspension under sub-section (1) may
operate for a specified time or indefinitely.".
28. Authorised officers
In section 91B of the Principal Act, after "Part 2"
insert "or by the Council of a TAFE college, a
25 University with a TAFE division or an approved
training agent".
29. Evidentiary provisions
(1) In section 93 of the Principal Act, for sub-section
(1) substitute--
30 "(1) In any proceedings for an offence under this
Act a certificate signed by or on behalf of the
Director and stating that--
25
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1997
s. 30
32
Act No.
(a) on any specified date a person is or is
not or was or was not registered under
section 63 as an apprentice who has
entered a training agreement lodged
5 under section 56; or
(b) on any specified date a person or body
is or is not or was or was not registered
or registered with specific limitations or
restrictions under section 81; or
10 (c) on any specified date a person or body
did or did not have the approval of the
Board under section 53 to employ a
person under a training agreement--
is admissible in evidence in the proceedings
15 and, in the absence of evidence to the
contrary, is proof of the matters stated in the
certificate.".
30. Certificates
After section 93 of the Principal Act insert--
20 "93AA. Certificates
The Board may issue or arrange for the
issuing of certificates to people who have
satisfactorily completed an approved training
scheme that has been entered into before the
25 commencement of section 10 of the
Vocational Education and Training
(Training Framework) Act 1997."
31. Reference to Subordinate Legislation Act
(1) In section 94 of the Principal Act, omit "(1)".
30 (2) In section 94 of the Principal Act, sub-sections (2)
and (3) are repealed.
32. Fees for certificates
26
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1997
s. 34
Act No.
In section 94A of the Principal Act, for "Part 5 or
6" substitute "this Act".
33. New section 94B inserted
"94B. After section 94A of the Principal Act
5 insert--Review of decisions by training
agents
(1) A person who is aggrieved by any decision
of an approved training agent made under
section 53, 56(3), 57, 59(2), 74, 81 or 85
10 acting as a delegate of the Board under
section 20B may apply to the Board for a
review of that decision within 14 days after
the person was notified of that decision by
the approved training agent or within any
15 longer period that the Board allows.
(2) The Board may exercise all the powers and
discretions that it would have had in
determining the matter under review and
may in writing--
20 (a) affirm the decision under review; or
(b) vary the decision under review; or
(c) set aside the decision under review
and--
(i) make a decision in substitution for
25 the decision set aside; or
(ii) remit the matter for
reconsideration by the approved
training agent in accordance with
any directions or
30 recommendations of the Board.".
34. State Training Wage
(1) In Schedule 3 to the Principal Act, in clause 5,
sub-clause (1) is repealed.
27
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(2) In Schedule 3 to the Principal Act--
(a) in clause 1, the definition of "trainee" is
repealed;
(b) in clause 2, sub-clause (4) is repealed;
5 (c) in clause 3--
(i) for "traineeships" substitute
"apprenticeships";
(ii) for "trainees" (where twice occurring)
substitute "apprentices".
10 (d) in clause 4(1) and (3) for "trainee"
substitute "apprentice";
(e) in clause 5--
(i) in sub-clauses (2), (3), (4), (5) and (7)
for "a trainee" substitute "an
15 apprentice";
(ii) in sub-clauses (2), (6) and (7) for "the
trainee" substitute "the apprentice";
(iii) in sub-clause (6)--
(A) for "A trainee" substitute "An
20 apprentice";
(B) for "trainees" substitute
"apprentices";
(f) in clause 6--
(i) in sub-clause (1) for "trainees"
25 substitute "apprentices";
28
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1997
s. 35
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(ii) in sub-clause (2) for "a trainee"
substitute "an apprentice";
(g) clause 7 is repealed.
35. Statute law revision
5 (1) In section 1(d) of the Principal Act for "work
place" substitute "workplace".
(2) In section 3 of the Principal Act, in the definition
of "National Statement", for "to Australian"
substitute "to the Australian".
10 (3) In section 15(1) of the Principal Act omit
"including a Deputy Chairperson".
(4) In section 37(1) of the Principal Act for "(1) The"
substitute "The".
(5) In section 95(5)(b) of the Principal Act after
15 "Board;" insert "and".
36. Further savings provisions
After section 97 of the Principal Act insert--
"Division 2--Further savings provisions
98. Vocational Education and Training
20 (Training Framework) Act 1997
(1) A contract of training entered into and in
force under Part 5 immediately before the
commencement of section 10 of the
Vocational Education and Training
25 (Training Framework) Act 1997 is deemed
to be a training agreement.
(2) An employer who obtained the permission of
the Board to employ a person in a vocation
under a contract of training or training
30 agreement before the commencement of
section 10 is deemed to have obtained the
29
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1997
s. 36
Act No.
approval of the Board under section 53 to
employ that person as an apprentice.
(3) A TAFE college, an institution specified in
Schedule 1 or 2 to the Tertiary Education
5 Act 1993 and the Council of Adult
Education are deemed to be registered under
section 81 until 30 June 1999.
(4) On the commencement of section 13 of the
Vocational Education and Training
10 (Training Framework) Act 1997 a person
holding office as a member of the Vocational
Education and Training Accreditation Board
or an industry training accreditation board
immediately before that date, goes out of
15 office but is eligible for appointment as a
member of a training recognition board
established under section 75.".
_______________
30
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1997
s. 37
Act No.
PART 3--AMENDMENTS TO THE ADULT, COMMUNITY
AND FURTHER EDUCATION ACT 1991
37. Principal Act
No. 91/1991.
In this Part the Adult, Community and Further
Reprint No. 2
5 Education Act 1991 is called the Principal Act. as at 15 May
1997.
38. Adult, community and further education plan
(1) For section 12(1) of the Principal Act
substitute--
"(1) The Board and the State Training Board
10 must jointly prepare an adult, community
and further education plan.".
(2) After section 12(3) of the Principal Act insert--
"(3A) Nothing in sub-section (3) prevents a new
plan from being made before the end of three
15 years.".
(3) For section 12(5) of the Principal Act
substitute--
"(5) Each plan must be reviewed at regular
intervals not exceeding 3 years after the
20 making of the last plan.".
(4) In section 12(7) of the Principal Act for "making,
revision" substitute "making".
39. Accreditation of courses
In section 13A(1), (2)(b) and (6)(a) of the
25 Principal Act, after "State Register of Accredited
Courses" (wherever occurring) insert "and
Recognised Qualifications".
40. New section 13B substituted
For section 13B of the Principal Act substitute--
31
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1997
s. 40
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'13B. Minister may establish further education
recognition boards
(1) The Minister may, by Order published in the
Government Gazette, establish further
5 education recognition boards.
(2) The functions of a further education
recognition board are--
(a) to provide advice to the Board about
the accreditation of further education
10 courses and the registration of
community providers of further
education; and
(b) to exercise any of the Board's powers or
functions of the Board that are
15 delegated to its members under section
27; and
(c) to exercise any of the powers or
functions of the State Training Board
that are delegated to its members under
20 section 20(1)(g) of the Vocational
Education and Training Act 1990.
(3) If a majority of the members of a further
education recognition board for the time
being holding office so agree, a meeting of
25 the further education recognition board may
be held by means of a method of
communication, or by means of a
combination of methods of communication,
approved by the further education
30 recognition board for the purposes of that
meeting.
(4) For the purposes of this section, a member of
a further education and training recognition
board who participates in a meeting held as
35 permitted by sub-section (3) is present at the
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1997
s. 41
Act No.
meeting even if he or she is not physically
present at the same place as another member
participating in the meeting.
(5) In this section "meeting" includes part of a
5 meeting.'.
41. Registration of training organisations
(1) After section 13D(1) of the Principal Act insert--
"(1A) Any person or body which is community
based and which is not a TAFE college,
10 commercial provider or industry provider
that proposes to award, confer or issue a
recognised qualification may apply to the
Board for registration.".
(2) In section 13D(2) after "courses" insert "or
15 qualification or classes of qualifications".
(3) In section 13D(3) of the Principal Act, for
paragraphs (a) to (r) substitute--
"(a) financial standards;
(b) marketing and promotion;
20 (c) recruitment and selection of students;
(d) class sizes;
(e) delivery and assessment of training;
(f) premises, equipment, materials and
resources;
25 (g) issuing of qualifications;
(h) qualifications and experience of staff;
(i) contracts with respect to students;
(j) student grievance procedures;
(k) recording and reporting requirements;
30 (l) previous experience in providing courses or
issuing qualifications;
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s. 42
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(m) the cost of services;
(n) the ability of the person or body to comply
with and the person or body's record of
compliance with any guidelines issued by the
5 Board about any of the matters mentioned in
this section.".
42. Approval to deliver accredited courses
Section 13E of the Principal Act is repealed.
43. Membership of the Board
10 In section 19(1) of the Principal Act--
(a) for "16" substitute "13";
(b) in paragraph (a) for "15" substitute "12";
(c) in paragraph (a)(ii) for "of and are"
substitute "as or are";
15 (d) in paragraph (a), sub-paragraphs (iii), (iv)
and (v) are repealed;
(e) in paragraph (a)(vii) for "current" substitute
"knowledge of or";
(f) in paragraph (b) omit "and this member is to
20 be Deputy Chairperson of the Board".
44. Delegations
In section 27 of the Principal Act, for paragraph
(k) substitute--
"(k) the members of a further education
25 recognition board established under section
13B or the members of a training recognition
board established under section 75 of the
Vocational Education and Training Act
1990.".
30 45. New section 27A inserted
After section 27 of the Principal Act insert--
34
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1997
s. 45
Act No.
"27A. Delegations to approved training agents
(1) Without limiting the powers of the Board
under section 27, the Board may, by
instrument under its common seal, delegate
5 to any person, or the members of any body,
appointed as an approved training agent
under the Vocational Education and
Training Act 1990 any power or function of
the Board under section 13A, 13D or 13F.
10 (2) A person who is aggrieved by any decision
of an approved training agent made under
section 13A, 13D or 13F acting as a delegate
of the Board under sub-section (1) may
apply to the Board for a review of that
15 decision within 14 days after the person was
notified of that decision by the approved
training agent or within any longer period
that the Board allows.
(3) The Board may exercise all the powers and
20 discretions that it would have had in
determining the matter under review and
may in writing--
(a) affirm the decision under review; or
(b) vary the decision under review; or
25 (c) set aside the decision under review
and--
(i) make a decision in substitution for
the decision set aside; or
(ii) remit the matter for
30 reconsideration by the approved
training agent in accordance with
any directions or
recommendations of the Board.".
35
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Vocational Education and Training (Training Framework) Act
1997
s. 46
Act No.
46. Functions of Regional Councils
(1) For section 35(1)(d) of the Principal Act
substitute--
"(d) to prepare plans for all adult, community and
5 further education in the region; and".
(2) After section 35(1) of the Principal Act insert--
"(1A) The Minister may from time to time, by
notice published in the Government Gazette,
confer additional functions relating to the
10 objects of this Act on a Regional Council.".
47. Accountability of Regional Council
In section 37(b) and (c) of the Principal Act, omit
"general".
48. Chairpersons of Regional Councils
15 (1) In section 38(1) of the Principal Act after
"Minister" insert "of whom one shall be
appointed Chairperson".
(2) In section 38(3)(b) of the Principal Act, for
"current" substitute "knowledge of or".
20 49. New section 52 inserted
After section 51 of the Principal Act insert--
"52. Saving of Board
A person who was a member of the Board
immediately before the commencement of
25 section 43 of the Vocational Education and
Training (Training Framework) Act 1997
continues to be a member until the expiry of
his or her current term of office.".
_______________
30
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1997
s. 50
Act No.
PART 4--AMENDMENTS TO OTHER ACTS
Division 1--Accident Compensation Act 1985
No.
50. Amendment of definitions 10191/1985
In section 5(1) of the Accident Compensation Reprint No. 7
as at 20
5 Act 1985-- March 1997.
Further
(a) in the definition of "apprentice" for "a amended by
Nos. 50/1994,
trainee" substitute "an apprentice";
60/1996,
63/1996,
(b) in the definition of "remuneration" paragraph 84/1996 and
"(i)" is repealed; 45/1997.
10 (c) in the definition of "remuneration" for
paragraph (j) substitute--
"(j) remuneration paid or payable to an
apprentice under a training agreement
made in accordance with a training
15 scheme that is approved by the State
Training Board under section 51 of the
Vocational Education and Training
Act 1990 if the apprentice or training
scheme is, or is in a class of apprentices
20 or training schemes, declared by the
Minister to be an apprentice or training
scheme to which this paragraph
applies;";
(d) in the definition of "student worker" after
25 "(d)" insert "or (e)".
37
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s. 51
Act No.
Division 2--Accident Compensation (WorkCover
Insurance) Act 1993
51. Amendment of application of Act--post-secondary
students on work experience placement
No. 50/1993.
5 In sections 4 and 7(4A) of the Accident
Reprint No. 3
Compensation (WorkCover Insurance) Act
as at
1993, after "(d)" insert "or (e)".
16 January
1997. Further
amended by
No. 60/1996.
Division 3--Pay-roll Tax Act 1971
52. Exemption from Pay-roll tax--consequential
10 amendment
No. 8154. (1) In section 10(1) of the Pay-roll Tax Act 1971, for
Reprint No 6
paragraphs (k) and (l) substitute--
as at
22 August
"(k) to an apprentice under a training agreement
1997.
made in accordance with a training scheme
15 that is approved by the State Training Board
under section 51 of the Vocational
Education and Training Act 1990 if the
apprentice or the training scheme is, or is in
a class of apprentices or training schemes,
20 exempted by the Minister from the
application of this Act.".
Division 4--Tertiary Education Act 1993
53. Amendment to definition
No. 18/1993. In section 9 of the Tertiary Education Act 1993,
Reprint No. 1
25 in the definition of "higher education award" after
as at
"Accredited Courses" insert "and Recognised
7 November
1996.
Qualifications".
38
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Vocational Education and Training (Training Framework) Act
1997
s. 54
Act No.
54. References to Subordinate Legislation Act
(1) For section 10(13) of the Tertiary Education Act
1993 substitute--
"(13) Part 5 of the Subordinate Legislation Act
5 1994 applies to an Order under this section
as if the Order were a statutory rule within
the meaning of that Act laid before each
House of the Parliament under section 15 of
that Act.".
10 (2) In section 22 of the Tertiary Education Act
1993, sub-sections (4) and (5) are repealed.
_______________
39
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Vocational Education and Training (Training Framework) Act
1997
s. 55
Act No.
PART 6--CONSEQUENTIAL AMENDMENTS
55. Consequential amendments
An Act specified in the heading to an item in
Schedule 1 is amended as set out in that item.
5 _______________
40
531241B.I1-16/9/97
Vocational Education and Training (Training Framework) Act
1997
Sch. 1
Act No.
SCHEDULE 1
Section 55
CONSEQUENTIAL AMENDMENTS
1. Building Act 1993
5 1.1 In section 221B, in the definition of "plumbing apprentice",
for "a trainee" substitute "an apprentice".
2. Dental Technicians Act 1972
3.1 In section 33(2) for "contract of training" substitute
"training agreement".
10 3. Education Act 1958
2.1 Section 64M(4) is repealed.
4. Transport Accident Act 1986
5.1 In section 3(1), in the definition of "apprentice", for "a
trainee within the meaning of section 46" substitute "an
15 apprentice within the meaning of section 3".
41
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Vocational Education and Training (Training Framework) Act
1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
42
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1997
Act No.
43
531241B.I1-16/9/97
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