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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Victorian Qualifications Authority (Amendment)
Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Definition 2
4. Award of qualifications 2
5. Ministerial directions 2
6. Payment of members of Authority 3
7. Delegations 3
8. Register of providers 4
9. Consequential amendment 5
10. Registered providers 5
11. New section 23A inserted 7
23A. Approval of providers to be delegated powers 7
12. New section 24A inserted 8
24A. Cancellation or alteration of statements 8
13. Approval of courses for overseas students 9
14. Consequential amendments 9
15. New section 35A inserted 10
35A. Fees 10
ENDNOTES 11
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551105B.I1-17/9/2003 BILL LA CIRCULATION 17/9/2003
PARLIAMENT OF VICTORIA
Initiated in Assembly 16 September 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Victorian Qualifications Authority Act 2000 and for
other purposes
Victorian Qualifications Authority
(Amendment) Act 2003
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Victorian Qualifications Authority Act 2000.
2. Commencement
5 (1) This section and sections 1 and 12 come into
operation on the day after the day on which this
Act receives the Royal Assent.
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s. 3
Act No.
(2) The remaining provisions of this Act come into
operation on 1 January 2004.
Victorian Legislation and Parliamentary Documents
3. Definition
See: In section 3 of the Victorian Qualifications
Act No.
5 Authority Act 2000 insert the following
97/2000.
and definition--
amending
Act Nos
' "higher education award" means a higher
34/2001 and
education award within the meaning of the
27/2003.
LawToday:
Tertiary Education Act 1993;'.
www.dms.
dpc.vic.
gov.au
10 4. Award of qualifications
In section 6(1)(d) and (e) of the Victorian
Qualifications Authority Act 2000 before
"issue" insert "award or".
5. Ministerial directions
15 After section 8(3) of the Victorian Qualifications
Authority Act 2000 insert--
"(4) The Minister may not give the Authority a
direction in relation to any particular student
about the following--
20 (a) the recognition of the completion of an
accredited course or part of an
accredited course;
(b) the award or issue of a recognised
qualification;
25 (c) the award or issue of a qualification for
an accredited course;
(d) the recognition of the matters in
paragraph (a), (b) or (c) by the issuing
of a written statement or otherwise.".
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Victorian Qualifications Authority (Amendment) Act 2003
s. 6
Act No.
6. Payment of members of Authority
For section 10(3) of the Victorian Qualifications
Victorian Legislation and Parliamentary Documents
Authority Act 2000 substitute--
"(3) An appointed member, other than a person
5 who holds a full time government office or a
full time office in the public service,
teaching service or with a statutory authority
and whose travelling expenses and personal
expenses are paid through that office, is
10 entitled to be paid--
(a) any remuneration that is specified in the
instrument of appointment or that is
fixed from time to time by the
Governor in Council; and
15 (b) allowances for travelling and personal
expenses at the rates and on the
conditions that are applicable to
officers of the public service.".
7. Delegations
20 For section 16(3) of the Victorian Qualifications
Authority Act 2000 substitute--
"(3) The Authority, by instrument under its
common seal, may delegate any of the
following powers of the Authority to a
25 registered education and training
organisation that has been approved by the
Authority for the purposes of this sub-
section--
(a) the power under section 21 to
30 investigate--
(i) a vocational education and
training course or a sequence of
vocational education and training;
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(ii) a further education course, other
than a further education course
leading to the issue of a higher
Victorian Legislation and Parliamentary Documents
education award;
5 (iii) any part of a course referred to in
sub-paragraph (i) or (ii)--
that the registered education and
training organisation provides or
proposes to provide to determine
10 whether it should be registered as
accredited or continue to be registered
as accredited;
(b) the power under section 23(1A) to
authorise the registered education and
15 training organisation to provide an
accredited vocational education and
training course or part of such a course
or a further education course, other than
a further education course leading to
20 the issue of a higher education award;
(c) the power under section 23(2A) to
authorise the registered education and
training organisation to award or issue a
recognised vocational education and
25 training qualification or a recognised
further education qualification, other
than a further education qualification
that is a higher education award.".
8. Register of providers
30 For section 20(2)(b) of the Victorian
Qualifications Authority Act 2000 substitute--
"(b) the accredited course or courses that the
registered person or body is authorised to
provide; and
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(c) the recognised qualification or qualifications
that the registered person or body is
authorised to award or issue; and
Victorian Legislation and Parliamentary Documents
(d) any limitations or restrictions on the
5 registration.".
9. Consequential amendment
Section 21(5) of the Victorian Qualifications
Authority Act 2000 is repealed.
10. Registered providers
10 (1) After section 23(1) of the Victorian
Qualifications Authority Act 2000 insert--
"(1A) A registered education and training
organisation that proposes to provide an
accredited course in addition to any other
15 course that the organisation is registered
under section 20 to provide may apply to the
Authority for authorisation to provide that
course.".
(2) After section 23(2) of the Victorian
20 Qualifications Authority Act 2000 insert--
"(2A) A registered education and training
organisation that proposes to award or issue
a recognised qualification in addition to any
other recognised qualification that the
25 organisation is registered under section 20 to
award or issue may apply to the Authority
for authorisation to award or issue that
recognised qualification.".
(3) In section 23(4) of the Victorian Qualifications
30 Authority Act 2000--
(a) after "person or body" insert "or authorise a
registered education and training
organisation to provide an accredited course
or award or issue a recognised qualification";
5
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(b) after "person, body," insert "organisation,";
(c) in paragraph (n) for "section." substitute--
Victorian Legislation and Parliamentary Documents
"section;";
(d) after paragraph (n) insert--
5 "(o) any other matter relating to the
management or operation of the person
or body.".
(4) After section 23(4) of the Victorian
Qualifications Authority Act 2000 insert--
10 "(4A) In determining whether to register a person
or body the Authority may have regard to
whether the person or body, any person
involved in the management of the person or
body or any person involved in the business
15 of the provision of courses by the person or
body--
(a) has ever had their registration under
this section suspended or cancelled; or
(b) has ever had conditions imposed on
20 their registration under this section; or
(c) has ever been convicted of an indictable
offence; or
(d) has ever become bankrupt or taken the
benefit of any law for the relief of
25 bankrupt debtors, or compounded with
their creditors or made an assignment
of their property for their benefit; or
(e) has ever been disqualified from
managing corporations under Part 2D.6
30 of the Corporations Act; or
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(f) was involved in the provision of
courses by another person or body who
is covered by paragraph (a) to (e) at the
Victorian Legislation and Parliamentary Documents
time of the events that gave rise to the
5 relevant prosecution or other action.".
(5) In section 23(5) of the Victorian Qualifications
Authority Act 2000 after "(4)" insert "or (4A)".
(6) Section 23(11) of the Victorian Qualifications
Authority Act 2000 is repealed.
10 11. New section 23A inserted
After section 23 of the Victorian Qualifications
Authority Act 2000 insert--
"23A. Approval of providers to be delegated
powers
15 (1) The Authority may, on the application of a
registered education and training
organisation investigate the organisation to
determine whether it should be approved for
the purpose of delegating to it the powers
20 and functions under section 16(3).
(2) The Authority must not approve an
organisation unless it is satisfied that the
organisation is fit and competent to carry out
the powers that may be delegated to it under
25 section 16(3).
(3) The Authority must from time to time
investigate an approved organisation's fitness
and competence to continue to carry out the
powers that have been delegated to it under
30 section 16(3).
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(4) The Authority may charge an organisation
that applies for approval under this section
fees for the investigation of the organisation
Victorian Legislation and Parliamentary Documents
to--
5 (a) determine whether it is fit and
competent to carry out the powers that
may be delegated to it under section
16(3); and
(b) determine whether it is fit and
10 competent to continue to carry out the
powers that have been delegated to it
under section 16(3).
(5) The Authority may have regard to
government policy and to any relevant
15 national standards about delegating powers
under section 16(3) in determining whether a
registered education and training
organisation is fit and competent to carry out
those powers.".
20 12. New section 24A inserted
After section 24 of the Victorian Qualifications
Authority Act 2000 insert--
"24A. Cancellation or alteration of statements
(1) The Authority may cancel or alter a
25 statement or document provided under
section 24(1) recognising the completion of
an accredited course or part of an accredited
course by a student or the award or issue of a
recognised qualification to a student if the
30 Authority is satisfied that the records of the
student's assessment have been altered by the
Victorian Curriculum and Assessment
Authority and the alterations affect the
recognition by the Authority of the
35 completion of that accredited course or part
of that accredited course by the student or
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s. 13
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the award or issue of a recognised
qualification to the student.
Victorian Legislation and Parliamentary Documents
(2) The Authority may issue a new statement or
document in respect of a student referred to
5 in sub-section (1) recognising the completion
of an accredited course or part of an
accredited course by a student or the award
or issue of a recognised qualification to a
student on the basis of the records of the
10 student's assessment that have been altered
by the Victorian Curriculum and Assessment
Authority.".
13. Approval of courses for overseas students
(1) For section 27(1) of the Victorian Qualifications
15 Authority Act 2000 substitute--
"(1) The Authority may approve a person or body
to provide a specified course for overseas
students.".
(2) In section 27 of the Victorian Qualifications
20 Authority Act 2000--
(a) in sub-section (2) for "under sub-section (1)"
substitute "to provide the specified course";
(b) after sub-section (3)(d) insert--
"(da) the suitability of the course for overseas
25 students;";
(c) in sub-section (9) for "(Registration of
Providers and Financial Regulation) Act
1991" substitute "Act 2000";
(d) sub-section (10) is repealed.
30 14. Consequential amendments
Section 34(1)(a) of the Victorian Qualifications
Authority Act 2000 is repealed.
9
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15. New section 35A inserted
After section 35 of the Victorian Qualifications
Victorian Legislation and Parliamentary Documents
Authority Act 2000 insert--
"35A. Fees
5 (1) The Minister, after calling for and
considering recommendations from the
Authority, may fix fees and charges that may
be imposed by the Authority for
investigations, registrations, accreditations
10 and any other services provided by the
Authority under this Act.
(2) In the case of any fee which the Minister is
empowered to fix--
(a) the Minister must fix the fee for a
15 period of 12 months and may amend or
vary the fee at the end of that period;
and
(b) the Minister may fix a different fee for
a different case and may allow for the
20 reduction or waiver, in whole or in part,
of any fee; and
(c) the Minister may authorise the
Authority to collect fees in periodical
instalments or other methods specified
25 by the Minister.
(3) The Authority must ensure that any fee fixed
under this section is published in a
newspaper circulating generally throughout
Victoria and in the Government Gazette.".
10
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Victorian Qualifications Authority (Amendment) Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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