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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Education and Training Legislation Amendment
and Repeal Bill 2008
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 -- Vocational Education and Training Act
1996 amended
3. The Act amended in this Part 3
4. Long title amended 3
5. Section 4 amended 3
6. Section 5 amended 4
7. Section 6 replaced 6
6. Vocational education and training
provided by a school or university 6
8. Part 2 Division 1A inserted 7
Division 1A -- VET (WA) Ministerial Corporation
7A. Body corporate continued 7
7B. Status and purpose 7
7. Execution of documents 8
9. Section 7 repealed 9
10. Section 8 amended 9
11. Section 9 amended 10
12. Section 11 amended 11
13. Section 12 amended 11
14. Section 13 amended 11
15. Sections 15 and 16 repealed 11
16. Section 17B amended 11
17. Section 19 amended 12
18. Section 21 amended 12
19. Section 23 replaced 14
23. Committees of the Board 14
277--2 page i
Education and Training Legislation Amendment and Repeal Bill 2008
Contents
20. Part 4 Division 1 heading repealed 14
21. Section 25 amended 14
22. Section 26 amended 15
23. Section 27 replaced 15
27. Functions of the Council 15
24. Section 28 amended 15
25. Section 29 replaced 15
29. Committees of the Council 15
26. Part 4 Division 2 replaced by section 31 16
31. Council may provide information to others 16
27. Section 37 amended 16
28. Section 42 amended 19
29. Section 43 replaced 20
43. Strategic plans 20
30. Section 44A inserted 21
44A. Annual business plans 21
31. Sections 48, 49 and 50 replaced 22
48. Funds of a college 22
49. Use of a college's funds 22
50. College accounts 22
32. Section 52 amended 23
33. Section 53 replaced 23
53. Minister may direct transfer of college's
funds 23
34. Section 54 amended 23
35. Section 55 amended 24
36. Part 5 Division 5 inserted 24
Division 5 -- Miscellaneous matters
57A. Closure of college, consequences of 24
37. Section 57 amended 26
38. Part 7 replaced by Parts 7A and 7 26
Part 7A -- Regulation of the provision of some
vocational education and training
Division 1 -- General matters
58A. Offences 26
58B. Council may register training providers 27
58C. Council may accredit courses 28
58D. Council may inquire into training providers
and courses 28
58E. Council may cancel certain qualifications 29
58F. When Council's decisions have effect 30
page ii
Education and Training Legislation Amendment and Repeal Bill 2008
Contents
Division 2 -- Appeals against the Council's
decisions
58G. Appeals against the Council's decisions 30
58H. Board to establish review panels 31
58I. Reference back to Council 31
58J. Determination of appeal 31
Division 3 -- Miscellaneous matters
58. Regulations for this Part 32
Part 7 -- Obtaining prescribed VET qualifications
and approved VET qualifications
Division 1 -- Preliminary matters
60A. Terms used in this Part 35
60B. Inconsistency with industrial relations
laws, awards etc. 35
60C. Classification of prescribed VET
qualifications 35
60D. Offences 37
Division 2 -- Qualifying by doing an apprenticeship
60E. Training contracts 37
60F. Registration of training contracts 39
60G. Terminating training contracts 40
60H. Consequences of training contracts
ceasing to have effect 41
Division 3 -- Qualifying by demonstrating
competence
60I. Granting prescribed VET qualifications to
competent persons 41
Division 4 -- Miscellaneous matters
60. Regulations for this Part 42
39. Part 8A inserted 43
Part 8A -- Enforcement matters
61A. VET inspectors, appointment of 43
61B. VET inspectors' powers 44
61C. Consequences of investigations 45
61. Evidentiary matters 45
40. Section 63 amended 46
41. Sections 65 and 66 repealed 46
42. Section 67 amended 47
43. Section 68 replaced 47
68. Transitional provisions (Sch. 2) 47
44. Section 69 replaced 47
69. Transitional regulations 47
45. Sections 70, 71 and 72 replaced by section 70 48
70. Review of Act 48
page iii
Education and Training Legislation Amendment and Repeal Bill 2008
Contents
46. Schedule 1 amended 49
47. Schedule 2 replaced 49
Schedule 2 -- Transitional provisions
1. Provisions relating to repeal of Industrial
Training Act 1975 49
48. Schedules 3 and 4 repealed 50
Part 3 -- Industrial Training Act 1975 repealed
Division 1 -- Repeal
49. Industrial Training Act 1975 repealed 51
Division 2 -- Consequential amendments
50. Coal Industry Tribunal of Western Australia
Act 1992 amended 51
51. Curriculum Council Act 1997 amended 51
52. Industrial Relations Act 1979 amended 52
53. Long Service Leave Act 1958 amended 54
54. Mines Safety and Inspection Act 1994 amended 54
55. Minimum Conditions of Employment Act 1993
amended 55
56. Occupational Safety and Health Act 1984 amended 56
57. Painters' Registration Act 1961 amended 57
58. Pay-roll Tax Assessment Act 2002 amended 57
59. Retail Trading Hours Act 1987 amended 58
60. School Education Act 1999 amended 58
page iv
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Education and Training Legislation Amendment
and Repeal Bill 2008
A Bill for
An Act --
· to amend the Vocational Education and Training Act 1996; and
· to repeal the Industrial Training Act 1975,
and, as a consequence, to amend various Acts, and for related
purposes.
The Parliament of Western Australia enacts as follows:
page 1
Education and Training Legislation Amendment and Repeal Bill 2008
Part 1 Preliminary matters
s. 1
Part 1 -- Preliminary matters
1. Short title
This is the Education and Training Legislation Amendment and
Repeal Act 2008.
5 2. Commencement
This Act comes into operation as follows:
(a) Part 1 -- on the day on which this Act receives the
Royal Assent;
(b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 3
Part 2 -- Vocational Education and Training Act 1996
amended
3. The Act amended in this Part
The amendments in this Part are to the Vocational Education
5 and Training Act 1996.
4. Long title amended
The long title is amended by deleting the passage beginning
with "to repeal" and ending with "other Acts," and inserting
instead --
10 "
to provide for the training of people, such as apprentices,
under training contracts with employers,
".
5. Section 4 amended
15 Section 4 is amended as follows:
(a) by deleting paragraph (b) and inserting instead --
"
(b) to provide for the registration of some providers
of vocational education and training and the
20 accreditation of some vocational education and
training courses;
";
(b) by deleting the full stop after paragraph (f) and inserting
instead a semicolon;
25 (c) by inserting the following paragraph --
"
(g) to provide for people, such as apprentices, to be
trained for some occupations under training
contracts with employers.
30 ".
page 3
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 6
6. Section 5 amended
(1) Section 5(1) is amended as follows:
(a) by deleting the following definitions --
"accredited"
"course"
"department"
"public training provider"
"registered training provider"
"Resource Agreement"
"skills training programme"
"State Training Profile"
"training provider"
"training scheme";
(b) by inserting in the appropriate alphabetical positions --
5 "
"account", of a college, means the college's account
established under section 50;
"approved VET course" means a VET course that --
(a) is accredited by the Council under Part 7A;
10 or
(b) is accredited under a corresponding law; or
(c) is prescribed by the regulations;
"approved VET qualification" means a document,
other than a prescribed VET qualification, that
15 certifies that a person has successfully completed
an approved VET course or a part of an approved
VET course;
"corresponding law" means a law of another State or
a Territory that relates to vocational education and
20 training and that is prescribed to be a
corresponding law;
page 4
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 6
"prescribed VET qualification" means a document
that certifies that a person has a qualification of a
prescribed type;
"private training provider" means a training provider
5 who or which is not a public training provider;
"public training provider" means --
(a) a college or other vocational education and
training institution; or
(b) a school or university that provides a VET
10 course under an approval given under
section 6;
"registered training provider" means a training
provider registered --
(a) by the Council under Part 7A; or
15 (b) under a corresponding law;
"school" has the meaning given to that term in the
School Education Act 1999 section 4;
"State Training Plan" means a plan, approved by the
Minister, that sets out for a period --
20 (a) the training needs of the State's various
industries in the period; and
(b) how those needs should be met in the period
by registered training providers, using funds
provided under this Act; and
25 (c) any other matters required in the plan by any
direction given under section 11;
"training provider" means a person who or which
provides vocational education and training;
"university" means a university established under a
30 written law;
"VET course" means a course of study or training or
both study and training in which vocational
education and training is provided;
page 5
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 7
"VET inspector" means a person appointed under
section 61A(2);
";
(c) in the definition of "chief executive" by inserting after
5 "department" --
"
of the Public Service principally assisting the
Minister to administer the provision in which the
term chief executive is used
10 ";
(d) in the definition of "vocational education and
training" --
(i) by deleting "post-compulsory";
(ii) by deleting "secondary".
15 (2) Section 5(2) is amended by deleting "Profile" and inserting
instead --
" Plan ".
7. Section 6 replaced
Section 6 is repealed and the following section is inserted
20 instead --
"
6. Vocational education and training provided by a
school or university
(1) The Minister may, for the purposes of this Act, approve
25 a specified course or programme, or class of course or
programme, provided by a specified school or
university.
(2) Any course or programme so approved is within the
definition of "vocational education and training" in
30 section 5(1).
page 6
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 8
(3) The power conferred by subsection (1) may only be
exercised with the concurrence of --
(a) in the case of a school -- the Minister
administering the School Education Act 1999;
5 (b) in the case of a university -- the Minister
administering the written law that establishes
the university.
".
8. Part 2 Division 1A inserted
10 After the heading to Part 2 the following Division is inserted
before Division 1 --
"
Division 1A -- VET (WA) Ministerial Corporation
7A. Body corporate continued
15 (1) The body corporate called the "Minister for Training",
established previously under this Act, continues under
the name "VET (WA) Ministerial Corporation".
(2) VET (WA) Ministerial Corporation is a body corporate
with perpetual succession.
20 (3) Proceedings may be taken by or against VET (WA)
Ministerial Corporation in its corporate name.
(4) VET (WA) Ministerial Corporation is to be governed
by the Minister.
7B. Status and purpose
25 (1) VET (WA) Ministerial Corporation (the
"corporation") is an agent of the State and has the
status, immunities, and privileges of the State.
(2) The corporation has power --
(a) to enter into any contract that the Minister,
30 under this Act, has power to enter into; and
page 7
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 8
(b) to acquire, hold and dispose of any property
that the Minister, under this Act, has power to
acquire, hold and dispose of.
(3) Despite the employment under the Public Sector
5 Management Act 1994 of ministerial officers for the
purpose of assisting the Minister to perform functions
that the Minister performs through the corporation, the
corporation and those officers are not an organisation
for the purposes of that Act.
10 7. Execution of documents
(1) VET (WA) Ministerial Corporation (the
"corporation") is to have a common seal.
(2) A document is duly executed by the corporation if --
(a) the corporation's common seal is affixed to it in
15 accordance with subsections (3) and (4); or
(b) it is signed on behalf of the corporation by the
Minister; or
(c) it is signed on behalf of the corporation by the
chief executive, or another person, authorised
20 under subsection (5).
(3) The corporation's common seal is not to be affixed to a
document except as authorised by the corporation.
(4) The corporation's common seal is to be affixed to a
document in the presence of the Minister, and the
25 Minister is to sign the document to attest that the
common seal was so affixed.
(5) The corporation, in writing under its common seal,
may authorise the chief executive or other person to
sign documents on its behalf, either generally or
30 subject to conditions or restrictions specified in the
authorisation.
page 8
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 9
(6) A document purporting to be executed in accordance
with this section is to be presumed to be duly executed
until the contrary is shown.
(7) A document executed by the chief executive or another
5 person under this section without the common seal of
the corporation is not to be regarded as a deed unless it
is executed as a deed as authorised under
subsection (5).
(8) When a document is produced bearing a seal
10 purporting to be the common seal of the corporation, it
is to be presumed that the seal is the common seal of
the corporation until the contrary is shown.
".
9. Section 7 repealed
15 Section 7 is repealed.
10. Section 8 amended
(1) Section 8 is amended as follows:
(a) by inserting before "The functions" the subsection
designation "(1)";
20 (b) by deleting "The functions of the Minister are --" and
inserting instead --
"
The main functions of the Minister are as follows --
";
25 (c) by deleting paragraph (b) and inserting instead --
"
(b) to ensure as far as practicable that the needs set
out in the State Training Plan are provided by a
combination of --
30 (i) public training providers, whether or not
under contracts with the Minister; and
page 9
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 11
(ii) private training providers under
contracts with the Minister;
";
(d) by deleting "and" after paragraph (c).
5 (2) At the end of section 8 the following subsections are inserted --
"
(2) The Minister from time to time must require the Board
to give the Minister a draft State Training Plan for a
period specified by the Minister.
10 (3) The Minister may approve any draft State Training
Plan or refuse to approve it and require the Board to
prepare another or an amended draft.
".
11. Section 9 amended
15 (1) Section 9(2) is amended as follows:
(a) by deleting paragraph (a);
(b) by deleting paragraph (d) and inserting instead --
"
(d) after publicly inviting tenders or expressions of
20 interest to provide vocational education and
training, enter into contracts with training
providers under which the training providers
provide vocational education and training or
services related to vocational education and
25 training;
";
(c) in paragraph (e) by inserting after "persons" --
" for and ".
(d) in paragraph (h) by deleting "knowledge and" and
30 "copyright and other".
page 10
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 12
(2) Section 9(3) is amended by inserting after
"subsection (2)(d)," --
" (e), ".
12. Section 11 amended
5 Section 11(4) is amended as follows:
(a) in paragraph (a) by deleting "Division 2 of Part 4;" and
inserting instead --
" Part 7A Division 2; ";
(b) in paragraph (b) by deleting "section 27(1)." and
10 inserting instead --
" Part 7A Division 1. ".
13. Section 12 amended
Section 12(1) is amended by deleting "secondary".
14. Section 13 amended
15 Section 13(3) is amended by deleting "Division 2 of Part 4;"
and inserting instead --
" Part 7A Division 2; ".
15. Sections 15 and 16 repealed
Sections 15 and 16 are repealed.
20 16. Section 17B amended
(1) Section 17B(1) is amended by deleting "an operating account
approved by the Treasurer --" and inserting instead --
"
an agency special purpose account established under
25 the Financial Management Act 2006 section 16 --
".
page 11
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 17
(2) Section 17B(2) is amended by deleting "the operating" and
inserting instead --
" that ".
(3) Section 17B(3) is repealed.
5 17. Section 19 amended
After section 19(3) the following subsections are inserted --
"
(4A) The Board's members must include --
(a) at least one person experienced in employers'
10 interests; and
(b) at least one person experienced in workers'
interests.
(4B) For the purpose of complying with subsection (4A)(a),
the Minister, in writing, may request the body called
15 the Chamber of Commerce and Industry of Western
Australia (Inc.) to give the Minister in accordance with
the request the name of one or more (as is specified in
the request) persons each of whom has the required
experience and is willing to act as a member.
20 (4C) For the purpose of complying with subsection (4A)(b),
the Minister, in writing, may request the body called
UnionsWA to give the Minister in accordance with the
request the name of one or more (as is specified in the
request) persons each of whom has the required
25 experience and is willing to act as a member.
".
18. Section 21 amended
(1) Section 21(1) is amended as follows:
(a) by inserting after "Board are" --
30 " as follows ";
page 12
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 18
(b) by deleting paragraphs (a) and (b) and inserting
instead --
"
(a) to give the Minister a draft State Training Plan
5 as and when required by the Minister;
(b) to recognise various industry training advisory
bodies as bodies from which the Board takes
advice for the purpose of drafting a State
Training Plan or making recommendations to
10 the Minister under Part 7;
(ca) to make recommendations that are required or
permitted to be made by it to the Minister under
Part 7;
";
15 (c) by deleting paragraph (c) and inserting instead --
"
(c) to prepare, for consideration by the Minister,
policy which aims to improve the links between
specific industry developments and vocational
20 education and training so as to gain optimum
employment opportunities for people, and
ensure the availability of appropriately skilled
labour, in the State;
";
25 (d) by deleting paragraph (d) and "and" after it and inserting
instead --
"
(d) to perform the functions it has under Part 7A
Division 2;
30 ".
(2) Section 21(2) is amended as follows:
(a) by inserting after "Minister on" --
" the following matters ";
(b) by deleting "and" after paragraph (d).
page 13
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 19
19. Section 23 replaced
Section 23 is repealed and the following section is inserted
instead --
"
5 23. Committees of the Board
(1) The Board may appoint committees to assist it to
perform its functions, and may abolish or alter any
committee it has appointed.
(2) A committee may include people who are not members
10 of the Board but must include at least one member of
the Board.
(3) The Board may by resolution delegate to a committee,
either generally or as otherwise provided in the
resolution, any of the Board's functions under this Act
15 other than this power of delegation.
(4) A committee may determine its own procedures but
they must be consistent with any directions of the
Board and the terms of any delegation under which the
committee is acting.
20 ".
20. Part 4 Division 1 heading repealed
The heading to Part 4 Division 1 is repealed.
21. Section 25 amended
Section 25(3) is repealed and the following subsection is
25 inserted instead --
"
(3) The Minister must not appoint a person as a member of
the Council unless satisfied the person has expertise,
qualifications or experience relevant to the Council's
30 functions.
".
page 14
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 22
22. Section 26 amended
After section 26(2) the following subsection is inserted --
"
(3) The chief executive must provide staff, services and
5 facilities to enable the Council to perform its functions.
".
23. Section 27 replaced
Section 27 is repealed and the following section is inserted
instead --
10 "
27. Functions of the Council
(1) The functions of the Council are set out in this Part and
Part 7A.
(2) The Council may do all things necessary or convenient
15 to be done for or in connection with the performance of
its functions.
".
24. Section 28 amended
Section 28 is amended by inserting after "person," --
20 " including a committee appointed under section 29, ".
25. Section 29 replaced
Section 29 is repealed and the following section is inserted
instead --
"
25 29. Committees of the Council
(1) The Council may appoint committees to assist it to
perform its functions, and may abolish or alter any
committee it has appointed.
page 15
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 26
(2) A committee may include people who are not members
of the Council but must include at least one member of
the Council.
(3) A committee may determine its own procedures but
5 they must be consistent with any directions of the
Council and the terms of any delegation under which
the committee is acting.
".
26. Part 4 Division 2 replaced by section 31
10 Part 4 Division 2 is repealed and the following section is
inserted instead --
"
31. Council may provide information to others
(1) The Council may provide information received by it in
15 the course of performing its functions to any person it
thinks fit.
(2) Information provided under this section may be
provided subject to any conditions the Council decides.
".
20 27. Section 37 amended
(1) Before section 37(1) the following subsection is inserted --
"
(1A) In this section --
"business arrangement" has the meaning given in
25 section 9(4);
"participate" has the meaning given in section 9(4).
".
(2) Section 37(1) is amended as follows:
(a) by inserting after "college are" --
30 " as follows ";
page 16
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 27
(b) by deleting paragraphs (a) and (b) and inserting
instead --
"
(a) to provide vocational education and training;
5 (ba) to tender for and enter into contracts for the
provision by it of vocational education and
training;
(bb) to provide vocational education and training on
a fee for service basis;
10 (b) to confer awards and, if it is a registered
training provider and, under the terms of its
registration as such, authorised to do so, to
issue --
(i) approved VET qualifications; and
15 (ii) prescribed VET qualifications;
(ca) to provide, for a fee or otherwise, or enter into
contracts to provide, products, consultancy or
other services in the course of, or incidental to,
the provision by the college of vocational
20 education and training;
";
(c) by inserting after paragraph (c) --
"
(da) to turn to account the vocational education and
25 training expertise of the college by means of
the sale of services and the commercial
exploitation of intellectual property, including
the assignment and licensing of such property;
";
30 (d)
(c) by inserting after paragraph (d) --
"
(ea) to provide adult and community education;
";
page 17
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 27
(e) in paragraph (e) by inserting after "services to" --
" its ";
(f) by deleting paragraph (f) and inserting instead --
"
5 (fa) to provide housing for its staff, and residential
accommodation for its students;
(fb) with the approval of the Minister, to establish
and maintain branches of the college at such
places in the State as its governing council
10 thinks fit;
(f) with the approval of the Minister, on terms and
conditions approved by the Treasurer, to
participate in business arrangements relating to
the provision of vocational education and
15 training;
";
(g) in paragraph (g) by deleting ", including the provision of
adult and community education,";
(h) by deleting paragraph (h) and "and" after it and inserting
20 instead --
"
(h) to provide education on behalf of another
educational institution;
";
25 (i) by deleting paragraph (i) and inserting instead --
"
(i) to perform any function prescribed.
".
page 18
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 28
(3) Section 37(2) is repealed and the following subsection is
inserted instead --
"
(2) A college must perform its functions in accordance
5 with its strategic plan last approved under section 43
and its business plan last approved under section 44A.
".
(4) Section 37(3) is amended by deleting "under section 43(2)(f)."
and inserting instead --
10 " in which the college participates under subsection (1)(f). ".
(5) Section 37(4) is repealed and the following subsection is
inserted instead --
"
(4) The power conferred by subsection (1)(f) is not subject
15 to, and may be exercised despite, the State Supply
Commission Act 1991.
".
28. Section 42 amended
Section 42(2) and (3) are repealed and the following subsections
20 are inserted instead --
"
(2) A governing council of a college may do all things
necessary or convenient to be done for or in connection
with the performance of its functions.
25 (3) A governing council may perform its functions in
another State or a Territory if that is necessary or
convenient for the performance of the functions of the
college.
(4) In performing its functions the governing council of a
30 college must ensure the college's courses, programmes
and services are responsive to, and meet, the needs of
students, industry and the community.
".
page 19
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 29
29. Section 43 replaced
Section 43 is repealed and the following section is inserted
instead --
"
5 43. Strategic plans
(1) Before 1 September in each year, or before some other
date notified to the college by the Minister in writing, a
college must give the Minister a draft strategic plan for
the college for such period, beginning on the following
10 1 January, as is prescribed.
(2) A college's strategic plan must set out --
(a) the college's medium to long term objectives
(including economic and financial objectives)
and operational targets and how those
15 objectives and targets will be achieved; and
(b) any other matters that are prescribed.
(3) A college's strategic plan must be consistent with the
State Training Plan.
(4) The Minister may approve a draft plan received from a
20 college under this section or refuse to approve it and
require the college to prepare another or an amended
draft.
(5) A college may change a plan approved by the Minister
under this section with the approval of the Minister.
25 ".
page 20
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 30
30. Section 44A inserted
Before section 44 the following section is inserted --
"
44A. Annual business plans
5 (1) Before 1 September in each year, or before some other
date notified to the college by the Minister in writing, a
college must give the Minister a draft business plan for
the college for the year that begins on the following
1 January.
10 (2) A college's business plan for a year must set out --
(a) the vocational education and training that the
college plans to provide in the year; and
(b) the other functions of the college that it plans to
perform in the year; and
15 (c) any other matters that are prescribed.
(3) A college's business plan for a year must be consistent
with the State Training Plan, and the college's strategic
plan (if any) approved under section 43, that apply to
the year.
20 (4) The Minister may approve a draft plan received from a
college under this section or refuse to approve it and
require the college to prepare another or an amended
draft.
(5) A college may change a plan approved by the Minister
25 under this section with the approval of the Minister.
".
page 21
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 31
31. Sections 48, 49 and 50 replaced
Sections 48, 49 and 50 are repealed and the following sections
are inserted instead --
"
5 48. Funds of a college
A college's funds consist of the following --
(a) monies appropriated by Parliament;
(b) monies received from commercial activities
conducted by the college;
10 (c) monies borrowed by it under section 51;
(d) any other monies lawfully received by it.
49. Use of a college's funds
A college's funds are to be applied to meet the
following --
15 (a) the college's expenses in performing its
functions;
(b) the remuneration and allowances payable under
section 63 to the members of the college's
governing council;
20 (c) the salaries and wages of, and the other
expenses associated with the employment of --
(i) the college's managing director; and
(ii) the college's staff.
50. College accounts
25 (1) An account called the (name of college) Account is to
be established for each college --
(a) as an agency special purpose account of the
Financial Management Act 2006 under
section 16; or
page 22
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 32
(b) with the approval of the Treasurer, at a bank as
defined in section 3 of that Act.
(2) Any funds of a college referred to in section 48 must be
credited to the college's account.
5 (3) Any funds of a college applied under section 49 must
be debited to the college's account.
".
32. Section 52 amended
Section 52 is amended by deleting "college Trust Account" and
10 inserting instead --
" college's account ".
33. Section 53 replaced
Section 53 is repealed and the following section is inserted
instead --
15 "
53. Minister may direct transfer of college's funds
If the Minister is satisfied that there is available in a
college's account a credit balance in excess of the
amount reasonably required by the college, the
20 Minister may direct that the whole or a part of that
excess be credited to --
(a) another college's account; or
(b) an account to which the Financial Management
Act 2006 applies that is operated for or in
25 connection with the purposes of this Act.
".
34. Section 54 amended
Section 54(4) is repealed.
page 23
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 35
35. Section 55 amended
Section 55(b) and "or" after it are deleted and the following is
inserted instead --
"
5 (b) to perform its functions in accordance with the
college's strategic plan last approved under
section 43 or its business plan last approved
under section 44A; or
".
10 36. Part 5 Division 5 inserted
After section 56 the following Division is inserted in Part 5 --
"
Division 5 -- Miscellaneous matters
57A. Closure of college, consequences of
15 (1) In this section --
"closing day" of a college, means the day on which an
order under section 35(b) or 56(1)(b) to close the
college takes effect.
(2) The Minister must notify the Treasurer as soon as
20 practicable after making an order under section 35(b)
or 56(1)(b) to close a college.
(3) On the closing day of a college the following
provisions apply --
(a) all assets and rights of the college become
25 assets and rights of the Minister without the
need for any transfer;
(b) all liabilities of the college, including
contingent liabilities, become liabilities of the
Minister;
page 24
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 36
(c) any agreement to which the college is a party
(other than one to which the Minister was the
other party) has effect as if the Minister was
substituted for the college as a party to that
5 agreement;
(d) all proceedings commenced before the closing
day by or against the college are to be taken to
be proceedings pending by or against the
Minister;
10 (e) anything done or omitted to be done in relation
to the assets, rights and liabilities referred to in
paragraphs (a) and (b) before the closing day
by, to or in respect of the college (to the extent
that that thing has any force or effect) is to be
15 taken to have been done by, to or in respect of
the Minister;
(f) the Minister becomes the owner of all the
college's registers, documents, books and other
records, however compiled, recorded or stored
20 and of any tape, disc or other device or medium
relating to such records;
(g) the status of a college as a body corporate
ceases.
(4) The Minister is to complete the winding-up of the
25 operations and affairs of the college as soon as
practicable after the closing day and for that purpose
the Minister has, and may exercise, any powers that are
necessary.
(5) On the closure of a college, the Financial Management
30 Act 2006 Part 5 Division 3 applies to and in respect of
the college.
".
page 25
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 37
37. Section 57 amended
(1) Section 57(3) is repealed.
(2) After section 57(4) the following subsection is inserted --
"
5 (5) An institution established under subsection (2) is to be
regarded as a service under the control of the
department of the Public Service that principally assists
the Minister to administer this Part.
".
10 38. Part 7 replaced by Parts 7A and 7
Part 7 is repealed and the following Parts are inserted instead --
"
Part 7A -- Regulation of the provision of some
vocational education and training
15 Division 1 -- General matters
58A. Offences
(1) A person must not claim or purport to provide an
approved VET course if --
(a) the person is not a registered training provider;
20 or
(b) the person is a registered training provider but
is not permitted to provide the course by --
(i) the conditions of the person's
registration as a registered training
25 provider; or
(ii) any conditions on the course's
accreditation; or
(iii) any order of the Council;
or
30 (c) the course is not an approved VET course.
page 26
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 38
(2) Subsection (1)(a) does not apply to a person who,
under an arrangement with a registered training
provider, provides an approved VET course on behalf
of the provider while being monitored by the provider.
5 (3) A person must not confer, or claim or purport to
confer, an approved VET qualification or a prescribed
VET qualification if --
(a) the person is not a registered training provider;
or
10 (b) the person is a registered training provider but
is not permitted to confer the qualification
by --
(i) the conditions of the person's
registration as a registered training
15 provider; or
(ii) any order of the Council.
(4) A person must not claim or purport to be a registered
training provider if --
(a) the person is not a registered training provider;
20 or
(b) the person is a registered training provider but
the Council has ordered the person not to
operate in this State.
Penalty: a fine of $10 000.
25 58B. Council may register training providers
Subject to the regulations, the Council, on an
application by a person or on its own initiative, may --
(a) register a training provider, either
unconditionally or subject to conditions decided
30 by the Council; and
(b) if a registered training provider's registration
was granted by the Council, vary, suspend or
cancel the registration; and
page 27
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 38
(c) if a registered training provider's registration
was not granted by the Council --
(i) order the provider not to operate in this
State; or
5 (ii) by order, impose conditions restricting
the provider's operations in this State.
58C. Council may accredit courses
Subject to the regulations, the Council, on an
application by a person or on its own initiative, may --
10 (a) accredit a VET course, either unconditionally
or subject to conditions decided by the Council;
and
(b) if an approved VET course is accredited by the
Council, vary, suspend or cancel the
15 accreditation.
58D. Council may inquire into training providers and
courses
For the purpose of ensuring this Act is complied with
and the quality of training providers and VET courses,
20 the Council may inquire into --
(a) a training provider that is, or that has applied to
be, registered by the Council under this Part;
and
(b) a VET course that is, or that is the subject of an
25 application to be, accredited by the Council
under this Part; and
(c) at the request of, or after consulting, a body
with functions similar to the Council's under a
corresponding law --
30 (i) a training provider that is, or that has
applied to be, registered by that body;
and
page 28
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 38
(ii) a VET course that is, or that is the
subject of an application to be,
accredited by that body.
58E. Council may cancel certain qualifications
5 (1) The Council may cancel an approved VET
qualification or a prescribed VET qualification
conferred by a registered training provider if the
Council is satisfied that it was conferred --
(a) by mistake or on the basis of false or
10 misleading information; or
(b) in contravention of this Act.
(2) The Council must not cancel an approved VET
qualification or a prescribed VET qualification unless
the Council --
15 (a) has given the person who conferred the
qualification and the person who received it
written notice of --
(i) the Council's intention to cancel it; and
(ii) their entitlement to make
20 representations to the Council about the
matter;
and
(b) has afforded those persons a reasonable
opportunity to make representations to the
25 Council about the matter; and
(c) has considered any representations made to the
Council by those persons within the time
allowed by the Council for doing so.
(3) To cancel an approved VET qualification or a
30 prescribed VET qualification the Council must send the
person who conferred the qualification and the person
who received it written notice of the cancellation.
page 29
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 38
58F. When Council's decisions have effect
A decision of the Council made under section 58B,
58C or 58E takes effect --
(a) if no appeal is commenced under section 58G,
5 when the time for commencing an appeal has
passed; or
(b) if an appeal is commenced under section 58G,
when that appeal is determined under
section 58J or is withdrawn; or
10 (c) on such later day as may be specified by the
Council.
Division 2 -- Appeals against the Council's decisions
58G. Appeals against the Council's decisions
(1) A person who is dissatisfied with a decision of the
15 Council made under section 58B, 58C or 58E may
appeal against it to the Board.
(2) An appeal can be only on the ground that, in making
the decision appealed against, the Council erred in its
application of, or failed to apply criteria or procedures
20 in, guidelines it was required to apply under section 13
or by the regulations.
(3) An appeal against a decision of the Council must --
(a) be commenced by giving the Board a written
notice stating the decision and the grounds of
25 the appeal; and
(b) be commenced within 21 days after the date on
which the appellant was notified of the
decision; and
(c) be conducted in accordance with the
30 regulations.
(4) The Board must give the Council a copy of any appeal
notice.
page 30
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 38
58H. Board to establish review panels
(1) To assist it in determining an appeal commenced under
section 58G, the Board must establish an independent
review panel comprised of as many persons with
5 expertise in the area of the subject matter of the appeal
as it considers appropriate.
(2) The review panel must consider the decision appealed
against and submit to the Board, within the time the
Board allows, a written recommendation on the issues
10 raised by the appeal.
58I. Reference back to Council
(1) If a review panel recommends an appeal be allowed,
the Board must give the Council a copy of the panel's
recommendation and ask the Council to reconsider the
15 decision appealed against.
(2) If the Council receives a request made under
subsection (1), it must advise the Board, within the
time the Board allows, whether it considers the
decision appealed against should be altered or
20 confirmed.
58J. Determination of appeal
(1) If a review panel recommends an appeal not be allowed
the Board must disallow the appeal.
(2) If a review panel recommends an appeal be allowed
25 and under section 58I(2) the Council advises that the
decision appealed against should be altered, the Board
must allow the appeal.
page 31
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 38
(3) If a review panel recommends an appeal be allowed
and under section 58I(2) the Council advises that the
decision appealed against should be confirmed, the
Board must decide whether to --
5 (a) accept the panel's recommendation and allow
the appeal; or
(b) accept the decision appealed against and
disallow the appeal.
(4) If under subsection (2) or (3)(a) the Board allows an
10 appeal, it must set aside the decision appealed against
and substitute a decision that accords with the review
panel's recommendation.
(5) The Board must give the appellant --
(a) written notice of any decision it makes under
15 this section and of the reasons for it; and
(b) a copy of the review panel's recommendation.
(6) A decision made by the Board under this section on an
appeal is final.
Division 3 -- Miscellaneous matters
20 58. Regulations for this Part
Without limiting the generality of section 67(1),
regulations made under section 67 for the purposes of
this Part may do any of the following --
(a) provide for who may apply to the Council;
25 (b) provide for how applications to the Council
must be made;
(c) provide for criteria (including standards and
guidelines) that the Council must or may take
into account when deciding an application
30 made to it;
page 32
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 38
(d) provide for the conditions that the Council may
impose when registering a training provider,
including but not limited to conditions that
limit --
5 (i) the approved VET courses that the
provider can provide;
(ii) who the provider can assess for
approved VET qualifications or
prescribed VET qualifications;
10 (iii) the approved VET qualifications or
prescribed VET qualifications that the
provider can confer;
(e) provide for the conditions that the Council may
impose when accrediting a VET course;
15 (f) provide for the period of any registration of a
training provider or any accreditation of a VET
course;
(g) provide for any matter of a savings nature that
may be needed when the accreditation of a
20 VET course expires;
(h) provide for a register of decisions by the
Council;
(i) provide for the circumstances that justify the
Council deciding to --
25 (i) vary, suspend or cancel the registration
of a training provider or the
accreditation of a VET course;
(ii) make an order against a registered
training provider whose registration was
30 not granted by the Council;
(j) confer a discretion on the Council;
(k) require registered training providers and
persons who hold an accreditation of a VET
course to give the Council information,
page 33
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 38
including when a registration or accreditation is
suspended;
(l) provide for registered training providers to keep
records relevant to vocational education and
5 training;
(m) require persons who cease to be registered
training providers to provide the Council with
records of --
(i) the courses they provided, in whole or
10 part, and the persons to whom such
courses were provided; and
(ii) the qualifications they conferred and the
persons on whom the qualifications
were conferred,
15 before ceasing to be registered;
(n) provide for fees to be paid by --
(i) persons applying to the Council;
(ii) registered training providers and
persons who hold an accreditation of a
20 VET course, including when a
registration or accreditation is
suspended;
(iii) registered training providers and
persons who hold an accreditation of a
25 VET course for any inquiry the Council
makes under section 58D;
(iv) persons applying to the Council for a
copy of any record about the person
held by the Council.
page 34
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 38
Part 7 -- Obtaining prescribed VET
qualifications and approved VET qualifications
Division 1 -- Preliminary matters
60A. Terms used in this Part
5 In this Part --
"apprentice" means the person who is named in a
training contract as the person who will be trained
under the contract, whether the person is termed an
apprentice, a trainee, a cadet, an intern or some
10 other term;
"Class", in relation to a qualification, means the class
into which a prescribed VET qualification is
classified under section 60C;
"training contract" means a contract that complies
15 with section 60E.
60B. Inconsistency with industrial relations laws, awards
etc.
If a provision of this Part or of regulations made under
section 60 is inconsistent with a provision of the
20 Industrial Relations Act 1979 or any order, award or
industrial agreement in force under that Act, the former
provision prevails.
60C. Classification of prescribed VET qualifications
(1) The Minister must not act under this section without
25 having received and considered the Board's advice and
recommendation given after it has consulted in
accordance with the regulations.
(2) Any act done by the Minister under this section must
be done in writing and be published in the Gazette.
page 35
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 38
(3) The Minister must classify each prescribed VET
qualification that it is possible to award in respect of
occupations, businesses, employments or trades into
one of these 3 classes --
5 (a) Class A qualifications, being qualifications that
a person cannot obtain except --
(i) by fulfilling the obligations of an
apprentice under a training contract; or
(ii) under Division 3;
10 (b) Class B qualifications, being qualifications that
a person may, but need not, obtain by fulfilling
the obligations of an apprentice under a training
contract;
(c) Class C qualifications, being qualifications that
15 a person cannot obtain by fulfilling the
obligations of an apprentice under a training
contract.
(4) The Minister may --
(a) classify a prescribed VET qualification on any
20 condition the Minister decides; and
(b) in relation to a Class A or Class B qualification,
impose any requirement for training contracts
for the qualification the Minister decides,
including but not limited to --
25 (i) pre-conditions to be satisfied before the
contract is entered into; and
(ii) the period and terms of the contract.
(5) The Minister may vary the classification of a
prescribed VET qualification and vary or cancel any
30 condition or requirement imposed under subsection (4).
(6) The chief executive must keep and make available to
the public a register of this information --
(a) Class A and Class B qualifications;
page 36
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 38
(b) any conditions applicable to those
qualifications;
(c) any requirements applicable to training
contracts for those qualifications.
5 60D. Offences
(1) A registered training provider must not confer, or offer
or purport to confer, a Class A qualification on a
person unless --
(a) the person has fulfilled the obligations of an
10 apprentice under a training contract that was
registered under Division 2; or
(b) the person has satisfied the registered training
provider under Division 3.
(2) An employer must not enter into a training contract
15 with an employee under which the employee is to be
trained in order to obtain a prescribed VET
qualification unless the qualification is a Class A or
Class B qualification.
(3) An employer must not agree to train an employee for
20 the purpose of the employee obtaining a Class A or
Class B qualification except under a training contract.
Penalty: a fine of $10 000.
Division 2 -- Qualifying by doing an apprenticeship
60E. Training contracts
25 (1) A training contract is a contract under which --
(a) a person who is or will be an employer agrees
the following --
(i) that a person who is or will be an
employee will be employed while he or
30 she fulfils the requirements of the
page 37
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 38
contract in order to obtain a Class A or
Class B qualification;
(ii) to train the employee in accordance with
the contract;
5 (iii) to permit the employee to fulfil his or
her obligations under the contract and to
be trained and assessed in accordance
with the contract;
(iv) that any time spent by the employee in
10 performing his or her obligations under
the contract and in being trained and
assessed under the contract, whether at
the employer's workplace or not, is to
be taken for all purposes (including the
15 payment of remuneration) to be time
spent working for the employer;
and
(b) the employee agrees to fulfil his or her
obligations under the contract and to be trained
20 and assessed in accordance with the contract.
(2) With the approval of the chief executive, 2 or more
employers may enter into a training contract with one
apprentice.
(3) A training contract must do the following --
25 (a) state the Class A or Class B qualification to
which the contract relates;
(b) comply with the regulations and with any
requirements imposed under the regulations.
(4) Subject to the regulations, a training contract --
30 (a) may be varied by the parties; and
(b) may be suspended by a party; and
(c) may be assigned by the employer to another
person who employs the apprentice.
page 38
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 38
60F. Registration of training contracts
(1) A training contract does not commence until it is
registered by the chief executive under this section.
(2) An employer who enters into a training contract must
5 lodge it with the chief executive in accordance with the
regulations for registration.
Penalty: a fine of $3 000.
(3) The chief executive may refuse to register a training
contract --
10 (a) if the contract does not comply with this
section; or
(b) if the contract is not in a prescribed form; or
(c) if the employer is not able to train the
apprentice adequately or is not a fit and proper
15 person to enter into the contract; or
(d) if the apprentice is ineligible under the
regulations to enter into the contract; or
(e) for any reason prescribed in the regulations.
(4) Subsections (2) and (3), with any necessary changes,
20 apply to a variation of a training contract.
(5) The chief executive may cancel the registration of a
training contract for any reason prescribed in the
regulations.
(6) If the chief executive cancels the registration of a
25 training contract, the contract ceases to have effect.
(7) The chief executive must keep a register of registered
training contracts.
(8) A person who is dissatisfied by a decision made by the
chief executive under this section may appeal against it
30 to the Western Australian Industrial Relations
Commission.
page 39
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 38
(9) On an appeal made under subsection (8) against a
decision, the Commission must rehear the matter and
may confirm the decision or set it aside and either
substitute a decision the chief executive could make or
5 order the chief executive to decide the matter again.
60G. Terminating training contracts
(1) Subject to the regulations, a party to a training contract
may terminate it.
(2) An employer who is a party to a training contract the
10 probation period of which (if any) has expired, must
not terminate the contract unless --
(a) the apprentice has consented to the termination;
or
(b) the chief executive has approved the
15 termination.
Penalty: a fine of $10 000.
(3) The chief executive must approve the termination of a
training contract under subsection (2) if satisfied --
(a) the employer has ceased or is about to cease
20 business; or
(b) the employer is unable to fulfil the employer's
obligations under the contract due to a
substantial change of circumstances that has
occurred since the contract was entered into; or
25 (c) the apprentice has engaged in serious
misconduct; or
(d) as to any matter prescribed,
but otherwise may refuse to approve the termination.
(4) A person who is dissatisfied by a decision made by the
30 chief executive under this section may appeal against it
to the Western Australian Industrial Relations
Commission.
page 40
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 38
(5) On an appeal made under subsection (4) against a
decision, the Commission must rehear the matter and
may confirm the decision or set it aside and either
substitute a decision the chief executive could make or
5 order the chief executive to decide the matter again.
60H. Consequences of training contracts ceasing to have
effect
(1) If a training contract ceases to have effect, whether
under section 60F(6) or because it is terminated or
10 expires or for any other reason, the employment of the
apprentice by the employer under the contract ceases.
(2) Subsection (1) does not prevent the parties entering
into another employment agreement or arrangement.
Division 3 -- Qualifying by demonstrating competence
15 60I. Granting prescribed VET qualifications to
competent persons
(1) This section applies to a prescribed VET qualification
despite it being a Class A qualification.
(2) If after assessing the person and having regard to any
20 prescribed matters, a registered training provider is
satisfied that a person who --
(a) has not entered into a training contract under
Division 2 in respect of a Class A qualification;
or
25 (b) has entered into such a contract as an
apprentice but has only partly fulfilled the
apprentice's obligations under it,
nevertheless has, as a result of training received from
an employer and other learning, the skills and
30 competency required for the qualification, the provider
may grant the person the qualification.
page 41
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 38
Division 4 -- Miscellaneous matters
60. Regulations for this Part
Without limiting the generality of section 67(1),
regulations made under section 67 for the purposes of
5 this Part may do any of the following --
(a) provide pre-conditions to be satisfied before
persons enter into training contracts;
(b) provide for the content or form or both of
training contracts, either generally or in relation
10 to specific prescribed VET qualifications;
(c) give persons under 18 years of age the capacity
to enter into training contracts;
(d) provide for criteria (including standards and
guidelines) that the chief executive must or may
15 take into account when deciding whether to
register or to cancel the registration of training
contracts;
(e) provide for the registration of contracts,
including for backdating registration;
20 (f) in relation to disputes arising under training
contracts between the parties to them --
(i) provide for their resolution, including
by the chief executive or a person
appointed by the chief executive;
25 (ii) confer on any such party aggrieved by a
decision made by a person referred to in
subparagraph (i) in respect of such a
dispute a right of appeal to the Western
Australian Industrial Relations
30 Commission;
(g) require parties to, and registered training
providers named in, training contracts to give
page 42
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 39
the chief executive information relevant to and
to the carrying out of the contracts;
(h) impose functions on registered training
providers that are named in training contracts;
5 (i) confer on persons refused approved VET
qualifications or prescribed VET qualifications
a right of appeal against the refusal;
(j) prescribe the content and form of approved
VET qualifications and prescribed VET
10 qualifications;
(k) confer a discretionary authority on the Minister.
".
39. Part 8A inserted
Before Part 8 the following Part is inserted --
15 "
Part 8A -- Enforcement matters
61A. VET inspectors, appointment of
(1) In this section --
"certificate" means a certificate given under
20 subsection (3).
(2) The Minister, in writing, may appoint persons to
investigate --
(a) registered training providers, including but not
limited to the matters that may be inquired into
25 under section 58D;
(b) suspected breaches of training contracts;
(c) suspected contraventions of this Act,
on any terms the Minister decides and specifies in the
appointment.
30 (3) The Minister must give each VET inspector a
certificate of his or her appointment.
page 43
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 39
(4) A person who ceases to be a VET inspector must return
his or her certificate to the Minister within 21 days.
Penalty: a fine of $400.
(5) A certificate that purports to be signed by the Minister
5 is, in the absence of evidence to the contrary, evidence
of its contents.
(6) If requested to do so and if practicable, a VET
inspector must produce his or her certificate for
inspection when exercising a function of a VET
10 inspector.
61B. VET inspectors' powers
(1) For the purpose of investigating any matter that he or
she is authorised to investigate, a VET inspector
may --
15 (a) at any reasonable time, enter, inspect and
search any place, other than a dwelling, that the
inspector suspects on reasonable grounds is a
place where vocational education and training
is provided;
20 (b) give a person a written direction to produce to
the inspector the records that are specified or
described in the direction and that are in the
person's possession;
(c) read and seize or copy any record the inspector
25 suspects on reasonable grounds is or may be
relevant to the matter being investigated;
(d) direct a person to answer any question that is
relevant to the matter being investigated.
(2) A person who is given a written direction under
30 subsection (1)(b) must obey it.
Penalty: a fine of $10 000.
page 44
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 39
(3) A person who is directed under subsection (1)(d) to
answer a question must not refuse to answer unless the
answer would tend to incriminate the person or make
the person liable to a penalty.
5 Penalty: a fine of $10 000.
(4) A person must not give a VET inspector information
that the person knows is false or misleading.
Penalty: a fine of $10 000.
61C. Consequences of investigations
10 (1) A VET inspector may give the Council any
information that the Council may need in relation to
performing its functions under Part 7A.
(2) A prosecution for an offence against this Act cannot be
commenced except by or with the approval of the chief
15 executive officer of the department of the Public
Service principally assisting the Minister to administer
the provision that creates the offence.
61. Evidentiary matters
(1) A certificate that purports to be issued by the Council
20 stating --
(a) that a person was or was not a registered
training provider at a time specified in the
certificate;
(b) the conditions of a registered training
25 provider's registration;
(c) that a VET course was or was not an approved
VET course at a time specified in the
certificate;
(d) the conditions of an approved VET course's
30 accreditation,
is, in the absence of evidence to the contrary, evidence
of its contents.
page 45
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 40
(2) A certificate that purports to be signed by the chief
executive officer of the department of the Public
Service principally assisting the Minister to administer
Part 7 stating --
5 (a) the classification of a prescribed VET
qualification under section 60C at a time
specified in the certificate;
(b) the requirements, if any, imposed under
section 60C by the Minister for a training
10 contract for a prescribed VET qualification,
is, in the absence of evidence to the contrary, evidence
of its contents.
".
40. Section 63 amended
15 Section 63(a), (b) and (c) and "and" after paragraph (b) are
deleted and the following is inserted instead --
"
(a) the Board or a committee of the Board; or
(b) the Council or a committee of the Council; or
20 (c) a review panel appointed under section 58H(1);
or
(d) the governing council of a college (other than
the managing director or any member of staff
of the college),
25 ".
41. Sections 65 and 66 repealed
Sections 65 and 66 are repealed.
page 46
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 42
42. Section 67 amended
Section 67(2)(c) is deleted and the following paragraph is
inserted instead --
"
5 (c) create offences punishable by a fine of not
more than $5 000.
".
43. Section 68 replaced
Section 68 is repealed and the following section is inserted
10 instead --
"
68. Transitional provisions (Sch. 2)
(1) Schedule 2 sets out transitional provisions.
(2) Schedule 2 does not affect the operation of the
15 Interpretation Act 1984 Part V.
".
44. Section 69 replaced
Section 69 is repealed and the following section is inserted
instead --
20 "
69. Transitional regulations
(1) This section does not affect the operation of the
Interpretation Act 1984 Part V.
(2) Without limiting section 67 regulations may prescribe
25 all matters that are required or necessary or convenient
to be prescribed for dealing with any issue or matter of
a savings or transitional nature --
(a) that arises as a result of the enactment of the
Education and Training Legislation
30 Amendment and Repeal Act 2008; and
page 47
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 45
(b) for which there is no sufficient provision in
Schedule 2.
(3) Regulations made under this section must be made
within 12 months after the day on which this section
5 comes into operation.
(4) Regulations made under this section may provide that
specific provisions of this Act do not apply, or apply
with modifications specified in the regulations, to or in
relation to any matter.
10 (5) Regulations made under this section may provide that a
state of affairs specified in the regulations is to be
taken to have existed, or not to have existed, on and
from a day that is earlier than the day on which the
regulations come into operation but not earlier than the
15 commencement of this section.
(6) If regulations contain a provision referred to in
subsection (5), the provision has effect according to its
terms but it does not operate so as --
(a) to affect in a manner prejudicial to any person
20 (other than the State), the rights of that person
existing before the regulations commenced; or
(b) to impose liabilities on any person (other than
the State or an authority of the State) in respect
of anything done or omitted to be done before
25 the regulations commenced.
".
45. Sections 70, 71 and 72 replaced by section 70
Sections 70, 71 and 72 are repealed and the following section is
inserted instead --
30 "
70. Review of Act
(1) The Minister must carry out a review of the operation
and effectiveness of this Act as soon as is practicable
page 48
Education and Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 46
after every fifth anniversary of the commencement of
this section.
(2) The Minister must prepare a report based on the review
and, as soon as is practicable after the report is
5 prepared, cause it to be laid before each House of
Parliament.
".
46. Schedule 1 amended
After Schedule 1 clause 3(4) the following subclause is
10 inserted --
"
(5) The presence of a person at a meeting need not be by
attendance in person but may be by that person and each
other person at the meeting being simultaneously in contact
15 by telephone, or other means of instantaneous
communication.
".
47. Schedule 2 replaced
Schedule 2 is repealed and the following Schedule is inserted
20 instead --
"
Schedule 2 -- Transitional provisions
[s. 68]
1. Provisions relating to repeal of Industrial Training
25 Act 1975
(1) In this clause --
"repealed Act" means the Industrial Training Act 1975
repealed by the Education and Training Legislation
Amendment and Repeal Act 2008 section 49.
30 (2) If immediately before the repeal of the repealed Act an
apprenticeship agreement or industrial training agreement
page 49
Education and Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 48
entered into and registered under the repealed Act is in
force, then on that repeal --
(a) the agreement is to be taken to be a training contract
entered into on the same terms and conditions and
5 registered under Part 7 Division 2; and
(b) Part 7 Division 2 applies to the agreement
accordingly.
".
48. Schedules 3 and 4 repealed
10 Schedules 3 and 4 are repealed.
page 50
Education and Training Legislation Amendment and Repeal Bill 2008
Industrial Training Act 1975 repealed Part 3
Repeal Division 1
s. 49
Part 3 -- Industrial Training Act 1975 repealed
Division 1 -- Repeal
49. Industrial Training Act 1975 repealed
The Industrial Training Act 1975 is repealed.
5 Division 2 -- Consequential amendments
50. Coal Industry Tribunal of Western Australia Act 1992
amended
(1) The amendment in this section is to the Coal Industry Tribunal
of Western Australia Act 1992.
10 (2) Section 3 is amended in the definition of "employee" by
deleting "or industrial trainee".
51. Curriculum Council Act 1997 amended
(1) The amendments in this section are to the Curriculum Council
Act 1997.
15 (2) Section 19A(2) is amended in the Table to the definition of
"provider" by deleting items 4 and 5 and inserting instead --
"
4. A student undertaking an The registered training provider
approved VET course within (within the meaning given to
the meaning given to that that term by that Act
term by the Vocational section 5(1)), or a person
Education and Training referred to in section 58A(2) of
Act 1996 section 5(1). that Act, who provides the
course.
5. An apprentice under a The employer.
training contract registered
under the Vocational
Education and Training
Act 1996 Part 7 Division 2.
".
page 51
Education and Training Legislation Amendment and Repeal Bill 2008
Part 3 Industrial Training Act 1975 repealed
Division 2 Consequential amendments
s. 52
(3) Section 19F(1) is repealed and the following subsection is
inserted instead --
"
(1) In this section --
5 "apprentice" means a person who is an apprentice
under a training contract registered under the
Vocational Education and Training Act 1996
Part 7 Division 2;
"employed" includes employed as an apprentice.
10 ".
52. Industrial Relations Act 1979 amended
(1) The amendments in this section are to the Industrial Relations
Act 1979.
(2) Section 7(1) is amended as follows:
15 (a) by deleting the definition of "apprentice" and inserting
instead --
"
"apprentice" means a person who is an apprentice
under a training contract registered under the
20 Vocational Education and Training Act 1996
Part 7 Division 2;
";
(b) in the definition of "employee" by deleting "or trainee";
(c) in the definition of "group training organisation" by
25 deleting "and trainees" in the 2 places where it occurs;
(d) in the definition of "industrial matter" by deleting
paragraph (f) and inserting instead --
"
(f) in respect of apprentices, these additional
30 matters --
(i) their wage rates and, subject to the
Vocational Education and Training
page 52
Education and Training Legislation Amendment and Repeal Bill 2008
Industrial Training Act 1975 repealed Part 3
Consequential amendments Division 2
s. 52
Act 1996 Part 7 Division 2, other
conditions of employment; and
(ii) the wages, allowances and other
remuneration to be paid to them,
5 including for time spent in
performing their obligations under
training contracts registered under the
Vocational Education and Training
Act 1996 Part 7 Division 2, whether at
10 their employers' workplaces or not;
and
(iii) without limiting subparagraphs (i)
and (ii), those other rights, duties and
liabilities of them and their employers
15 under such contracts that do not relate
to the training and assessment they
are to undergo, whether at their
employers' workplaces or not;
";
20 (e) by deleting the definition of "trainee".
(3) Section 50A(1)(a) is amended as follows:
(a) in subparagraph (i) by deleting "or trainees";
(b) by deleting subparagraph (iii).
(4) Section 50A(5) is amended by deleting ", apprentice or trainee"
25 in the 2 places where it occurs and inserting instead --
" or apprentice ".
(5) Section 50A(6) is amended by deleting ", apprentice or trainee"
in the 2 places where it occurs and inserting instead --
" or apprentice ".
30 (6) Section 50B(1) is amended as follows:
(a) by deleting "or trainees" in the 2 places where it occurs;
(b) by deleting "or trainee".
page 53
Education and Training Legislation Amendment and Repeal Bill 2008
Part 3 Industrial Training Act 1975 repealed
Division 2 Consequential amendments
s. 53
(7) Section 50B(2) is amended by deleting "or trainees" in the 2
places where it occurs.
(8) Section 50B(3) is amended as follows:
(a) by deleting "and each class of trainee";
5 (b) by deleting "or trainees, as is relevant to the case,".
(9) Section 50B(4) is amended as follows:
(a) by deleting "or trainees" in the 2 places where it occurs;
(b) by deleting "or trainee".
53. Long Service Leave Act 1958 amended
10 (1) The amendments in this section are to the Long Service Leave
Act 1958.
(2) Section 4(1) is amended as follows:
(a) by deleting the definition of "apprentice" and inserting
instead --
15 "
"apprentice" means a person who is an apprentice
under a training contract registered under the
Vocational Education and Training Act 1996
Part 7 Division 2;
20 ";
(b) in the definition of "employee" by deleting "or industrial
trainee";
(c) by deleting the definition of "industrial trainee".
54. Mines Safety and Inspection Act 1994 amended
25 (1) The amendments in this section are to the Mines Safety and
Inspection Act 1994.
page 54
Education and Training Legislation Amendment and Repeal Bill 2008
Industrial Training Act 1975 repealed Part 3
Consequential amendments Division 2
s. 55
(2) Section 4(1) is amended as follows:
(a) by deleting the definition of "apprentice" and inserting
instead --
"
5 "apprentice" means a person who is an apprentice
under a training contract registered under the
Vocational Education and Training Act 1996
Part 7 Division 2;
";
10 (b) in the definition of "employee" by deleting "or trainee";
(c) in the definition of "employer" by deleting paragraph (b)
and inserting instead --
"
(b) in relation to an apprentice, a person who
15 employs the apprentice at a mine under a
training contract registered under the
Vocational Education and Training Act 1996
Part 7 Division 2;
";
20 (d) in the definition of "self-employed person" by deleting
"or trainee";
(e) by deleting the definition of "trainee".
55. Minimum Conditions of Employment Act 1993 amended
(1) The amendments in this section are to the Minimum Conditions
25 of Employment Act 1993.
(2) Section 3(1) is amended as follows:
(a) by deleting the semicolon after the definition of "public
holiday" and inserting instead a full stop;
(b) by deleting the definition of "trainee".
30 (3) Section 12 is amended as follows:
(a) by deleting "or trainee";
(b) by deleting "or trainees".
page 55
Education and Training Legislation Amendment and Repeal Bill 2008
Part 3 Industrial Training Act 1975 repealed
Division 2 Consequential amendments
s. 56
(4) Section 13 is amended by deleting "or trainee".
(5) Section 15 is repealed.
(6) Section 40(1) is amended in the definition of "employee" by
deleting "or trainee".
5 56. Occupational Safety and Health Act 1984 amended
(1) The amendments in this section are to the Occupational Safety
and Health Act 1984.
(2) Section 3(1) is amended as follows:
(a) by deleting the definition of "apprentice" and inserting
10 instead --
"
"apprentice" means a person who is an apprentice
under a training contract registered under the
Vocational Education and Training Act 1996
15 Part 7 Division 2;
";
(b) in the definition of "employee" by deleting "or trainee";
(c) in the definition of "employer" by deleting paragraph (b)
and inserting instead --
20 "
(b) in relation to an apprentice, a person who
employs the apprentice under a training
contract registered under the Vocational
Education and Training Act 1996 Part 7
25 Division 2;
";
(d) in the definition of "self-employed person" by deleting
"or trainee";
(e) by deleting the definition of "trainee".
page 56
Education and Training Legislation Amendment and Repeal Bill 2008
Industrial Training Act 1975 repealed Part 3
Consequential amendments Division 2
s. 57
57. Painters' Registration Act 1961 amended
(1) The amendments in this section are to the Painters' Registration
Act 1961.
(2) Section 12(1)(aa) and "or" after it are deleted and the following
5 is inserted instead --
"
(b) has --
(i) under the Vocational Education and
Training Act 1996 Part 7 obtained a
10 qualification prescribed under this Act;
and
(ii) passed the prescribed additional
examination laid down by the Board for
those persons;
15 or
".
58. Pay-roll Tax Assessment Act 2002 amended
(1) The amendments in this section are to the Pay-roll Tax
Assessment Act 2002.
20 (2) Section 40(2) is amended as follows:
(a) by deleting paragraph (m) and inserting instead --
"
(m) by an employer to or in relation to a person
who is an apprentice under a training contract
25 registered under the Vocational Education and
Training Act 1996 Part 7 Division 2;
";
(b) by deleting paragraph (p).
page 57
Education and Training Legislation Amendment and Repeal Bill 2008
Part 3 Industrial Training Act 1975 repealed
Division 2 Consequential amendments
s. 59
59. Retail Trading Hours Act 1987 amended
(1) The amendments in this section are to the Retail Trading Hours
Act 1987.
(2) Section 10(3)(bc) is amended by deleting ", as defined in the
5 Industrial Training Act 1975 section 4(1))" and inserting
instead --
"
under a training contract registered under the
Vocational Education and Training Act 1996
10 Part 7 Division 2)
".
60. School Education Act 1999 amended
(1) The amendments in this section are to the School Education
Act 1999.
15 (2) Section 11A(2) is amended in the Table to the definition of
"provider" by deleting items 3 and 4 and inserting instead --
"
3. A student undertaking an The registered training provider
approved VET course within (within the meaning given to
the meaning given to that that term by that Act
term by the Vocational section 5(1)), or a person
Education and Training referred to in section 58A(2) of
Act 1996 section 5(1). that Act, who provides the
course.
4. An apprentice under a The employer.
training contract registered
under the Vocational
Education and Training
Act 1996 Part 7 Division 2.
".
page 58
Education and Training Legislation Amendment and Repeal Bill 2008
Industrial Training Act 1975 repealed Part 3
Consequential amendments Division 2
s. 60
(3) Section 11B(1)(b) and (c) are deleted and the following
paragraphs are inserted instead --
"
(b) undertaking an approved VET course within
5 the meaning given to that term by the
Vocational Education and Training Act 1996
section 5(1);
(c) being an apprentice under a training contract
registered under the Vocational Education and
10 Training Act 1996 Part 7 Division 2;
".
(4) Section 11D(1)(b) is amended by deleting "or trainee".
(5) Section 11D(5) is amended by deleting "or trainee".
(6) Section 11I(2) is amended as follows:
15 (a) by deleting "or trainee";
(b) in paragraph (a) by deleting "or traineeship".
(7) Section 11J(2)(a) is amended by deleting "or trainee".
(8) Section 11J(3) is amended by deleting ", traineeship".
(9) Section 11J(4) is amended by deleting ", traineeship".
20 (10) Section 40(1b) is amended by deleting " or traineeship".
(11) Section 42(1b) is amended by deleting " or traineeship".
page 59
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