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This is a Bill, not an Act. For current law, see the Acts databases.
TRAINING AND TERTIARY EDUCATION LEGISLATION AMENDMENT BILL 2007
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Education and Training)
Training
and Tertiary Education Legislation Amendment Bill 2007
Contents
Page
Part
1.1 Agents Regulation
2003 23
Part 1.2 Annual
Leave Act 1973 24
Part 1.3 Board of
Senior Secondary Studies Act 1997 24
Part 1.4 Building
and Construction Industry Training Levy Act 1999 25
Part 1.5 Canberra
Institute of Technology Act 1987 25
Part
1.6 Construction Occupations (Licensing)
Regulation 2004 25
Part 1.7 Crimes
(Child Sex Offenders) Act 2005 26
Part 1.8 Domestic
Violence and Protection Orders Act 2001 27
Part 1.9 Long
Service Leave Act 1976 27
Part 1.10 Payroll
Tax Act 1987 27
Part 1.11 Security
Industry Act 2003 28
Part 1.12 Security
Industry Regulation 2003 28
Part 1.13 Tertiary
Accreditation and Registration Regulation 2004 29
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Education and Training)
Training and Tertiary
Education Legislation Amendment Bill 2007
A Bill for
An Act to amend the
Tertiary Accreditation and
Registration Act 2003, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Training and Tertiary Education Legislation Amendment
Act 2007.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
This Act amends the Tertiary Accreditation and Registration
Act 2003.
Note 1 This Act also amends other legislation (see sch 1).
Note 2 This Act also repeals the Vocational Education and
Training Act 2003 (see s 43).
substitute
1 Name of Act
This Act is the Training and Tertiary Education Act 2003.
5 Functions
of councilSection 8 (1)
(d)
substitute
(d) to facilitate recognition and quality assurance in the provision of
vocational education and training;
6 Section
8 (1) (e) (i) and (ii)
substitute
(i) accreditation of vocational education and training courses and higher
education courses; and
(ii) registration of vocational education and training organisations and
higher education providers; and
7 Council
to have regard to authority’s
viewsSection 11
omit
8 Membership
of councilSection 12 (1)
(c)
omit
2
substitute
3
omit
omit
11 Council
proceduresNew section 20
(5A)
insert
(5A) A resolution is a valid resolution of the council, even if it is not
passed at a meeting of the council, if at least
2/3 of the members agree
to the proposed resolution in writing or by electronic communication.
Example of electronic
communication
email
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
insert
Chapter 3A Work-related training and
training contracts
55A Determination of work-related
training
(1) The chief executive may determine that a sequence of vocational
education and training is work-related training for this Act.
Examples
1 apprenticeship
2 traineeship
Note 1 Power given under an Act to make a statutory instrument
(including a determination) includes power to amend or repeal the instrument
(see Legislation Act, s 46 (1)).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) A determination is a notifiable instrument.
Note 1 A notifiable instrument must be notified under the
Legislation Act.
Note 2 An amendment or repeal of a determination is also a
notifiable instrument (see Legislation Act, s 46 (2)).
55B Approval of training
contract
(1) The chief executive may approve a training contract between an
employer and another person in relation to work-related training.
(2) The chief executive must not approve a training contract unless
satisfied that—
(a) the contract complies with the form and content of the nationally
agreed training contract; and
(b) the facilities, equipment and methods proposed to be used for the
training are suitable; and
(c) the qualifications, knowledge and skills of the person proposed to
deliver the training are appropriate; and
(d) the person proposed to deliver the training conducts himself or
herself in a way appropriate for a person responsible for the delivery of
training; and
(e) the employer is likely to comply with any relevant industrial
arrangement.
(3) The chief executive may approve a training contract subject to
conditions.
(4) In this section:
industrial arrangement means—
(a) an award or order that has been reduced to writing under the
Workplace Relations Act 1996 (Cwlth); or
(b) a workplace agreement within the meaning of that Act; or
(c) a contract of employment.
nationally agreed training contract means the training
contract agreed between the Commonwealth, States and Territories.
55C Application for approval
An application for approval must be made in a way required by the chief
executive.
Note If a form is approved under s 112 for
this provision, the form must be used.
55D Training contracts for qualification or statement
of attainment
(1) An employer and another person may enter into an approved training
contract for training that results in a qualification or statement of attainment
being issued to the other person.
(2) However, a contract cannot be entered into if the chief executive or
the council decides that training contracts cannot be entered into for the
particular qualification or statement of attainment.
55E Training must be under approved training
contract
(1) An employer commits an offence if—
(a) the employer provides a person with work-related training for a
qualification or statement of attainment; and
(b) the employer employs the person on trainee or apprentice wages and
conditions; and
(c) there is no approved training contract between the employer and the
person.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
55F Code of practice
(1) In providing work-related training under an approved training
contract, all parties must comply with any code of practice approved by the
Minister for this section.
(2) An approved code of practice may apply, adopt or incorporate an
instrument, as in force from time to time.
Note 1 The text of an applied, adopted or incorporated instrument,
whether applied as in force from time to time or at a particular time, is taken
to be a notifiable instrument if the operation of the Legislation Act,
s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the
Legislation Act.
(3) An approval is a disallowable instrument.
Note A disallowable instrument must be notified and presented to the
Legislative Assembly, under the Legislation Act.
55G Party may ask for amendment
(1) A party to an approved training contract may ask the chief executive
to approve an amendment of the contract.
Note If a form is approved under s 112 for
this provision, the form must be used.
(2) The chief executive must—
(a) approve the amendment requested; or
(b) refuse to approve it.
(3) The chief executive must not approve an amendment unless satisfied
that the contract as amended complies with the form and content of the
nationally agreed training contract.
(4) Subject to subsection (3), the chief executive must approve an
amendment requested by all parties unless satisfied that the amendment would
adversely affect the provision of the training.
55H Chief executive may suspend, cancel or amend
contract
The chief executive may suspend or cancel approval of a training contract
or amend an approved training contract—
(a) if the employer is unable to provide training under the contract
because of a change in the employer’s circumstances; or
(b) if the chief executive is satisfied that it is in the interests of the
trainee to suspend or cancel the approval or amend the contract; or
(c) in any other circumstance prescribed by regulation.
55I Dispute between employer and
trainee
(1) This section applies if a dispute about training under an approved
training contract arises between parties to the contract.
(2) A party may ask the chief executive to resolve the dispute.
(3) Within 28 days after the day of receiving the request, the chief
executive must attempt to resolve the dispute.
(4) In attempting to resolve the dispute, the chief executive must take
into account any views of the council on an issue in dispute.
(5) If the dispute is not resolved after the end of that 28-day period,
the chief executive may—
(a) make a finding of fact about any matter relating to the training
contract; or
(b) amend the contract; or
(c) give directions to a party to the contract incidental to an action
under paragraph (a) or (b).
13 Establishment
of panelSection 85 (1)
substitute
(1) The Minister must establish a university advisory panel
if—
(a) the Minister receives a proposal under section 87 (Proposal for ACT
university) or an application under section 94 (Application for approval as
foreign university); and
(b) the council recommends that a panel be established to consider the
proposal or application.
14 Declaration
of ACT universitySection 88
(4)
substitute
(4) The Minister must not make a declaration about a proposed university
unless—
(a) the council has advised the Minister under section 89A (2) about
the proposal; and
(b) the university advisory panel has reported to the Minister under
section 91 about the proposal; and
(c) taking into consideration the panel’s report, the Minister is
satisfied the proposed university has the characteristics, and fulfils the role,
of a university.
insert
89A Council to consider and advise on proposal
(1) After receiving a proposal from a proposed university for the
establishment or recognition of a university in the ACT, the Minister must refer
the proposal to the council for advice about whether the proposed university
meets—
(a) the criteria for a university stated in the national protocols;
and
(b) any relevant guidelines under section 86 (Panel guidelines).
(2) If the council considers the proposal meets the criteria and
guidelines mentioned in subsection (1), the council must—
(a) advise the Minister accordingly; and
(b) make recommendations to the Minister about the composition of the
advisory panel to be established under section 85 for the proposal.
(3) If the council considers the proposal does not meet the criteria and
guidelines mentioned in subsection (1)—
(a) the council must advise the Minister accordingly; and
(b) the Minister may refuse, under section 88 (1), to declare that the
proposed university is established or recognised.
16 Panel
to consider proposalSection 90
(1)
substitute
(1) If the Minister receives advice from the council under
section 89A (2), the Minister must refer the proposal to a university
advisory panel.
omit
insert
94A Council to consider and advise on application
(1) After receiving an application from a foreign university under this
part, the Minister must refer the application to the council for advice about
whether the university meets—
(a) the criteria for a university stated in the national protocols;
and
(b) any relevant guidelines under section 86 (Panel guidelines).
(2) If the council considers the application meets the criteria and
guidelines mentioned in subsection (1), the council must—
(a) advise the Minister accordingly; and
(b) make recommendations to the Minister about the composition of the
advisory panel to be established under section 85 for the application.
(3) If the council considers the application does not meet the criteria
and guidelines mentioned in subsection (1)—
(a) the council must advise the Minister accordingly; and
(b) the Minister may refuse, under section 95 (1), to approve the
university as a foreign university.
19 Decision
about approval as foreign universitySection
95 (4) and (5)
substitute
(4) The Minister must not give approval unless—
(a) the council has advised the Minister under section 94A (2) about
the application; and
(b) the Minister has consulted with a university advisory panel about the
application; and
(c) the Minister is satisfied about—
(i) the legal status of the university and its standing in the country
where it is established (including recognition by the relevant accreditation
body); and
(ii) the adequacy of the proposed arrangements for the university’s
operation in the ACT, having regard to the national protocols.
insert
99A Visits by chief executive—training contract
premises
(1) The chief executive may give an employer written notice that a person
authorised by the chief executive proposes to visit premises where the employer
is providing, or proposes to provide, training under a training
contract.
(2) The notice under subsection (1) must—
(a) state the address of the premises proposed to be visited;
and
(b) state the day and time of the proposed visit; and
(c) state the purpose of the visit; and
(d) be given to the employer at least 7 days before the day of the
proposed visit.
(3) The day and time of the proposed visit must be a day and time when the
employer normally conducts business on the premises.
(4) The authorised person, may on the day and at the time stated in the
notice—
(a) enter the premises stated in the notice; or
(b) observe any work-related training being provided on the premises;
or
(c) ask the employer to give information about work-related training
provided, or proposed to be provided, on the premises; or
(d) ask the employer to produce any document in the possession of the
employer containing information about work-related training provided, or
proposed to be provided, on the premises.
(5) An authorised person may, in exceptional circumstances, do a thing
mentioned in subsection (4) (a) to (d) without notice.
Example of exceptional
circumstances
danger of injury to anyone’s health or safety
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
21 Identity
cardsSection 101 (1)
substitute
(1) The relevant authority may give a person who may conduct visits under
this part an identity card that states the person’s name and position, and
shows—
(a) the date of issue of the card; and
(b) the date of expiry of the card; and
(c) anything else prescribed by regulation.
omit
the council
substitute
the relevant authority
insert
(4) In this section:
relevant authority means—
(a) for a visit under section 99 or section 100—the council;
and
(b) for a visit under section 99A—the chief executive.
substitute
103 Obstructing
visits—council
in part 6.1, insert
103A Obstructing visits—chief
executive
(1) This section applies if the chief executive is satisfied that an
employer—
(a) without reasonable excuse, obstructs or hinders a person entering
premises or observing training under section 99A (4) (a) or (b)
(Visits by chief executive—training contract premises); or
(b) refuses to give information, or gives information that the employer
knows is false or misleading in response to a request under section 99A (4)
(c); or
(c) refuses to produce a document, or produces a document that the
employer knows contains false or misleading information, in response to a
request under section 99A (4) (d).
(2) The chief executive may suspend or cancel the approval of, or amend,
any approved training contract to which the employer is a party.
26 Modification
of Administrative Appeals Tribunal Act, s
27Section 107 (2)
omit
section 111
substitute
section 106
substitute
108 CRICOS approval
(1) For the purposes of the Education Services for Overseas Students
Act 2000 (Cwlth), section 5, definition of designated authority
the council chairperson is the person responsible for approving providers to
provide courses to overseas students in the Territory.
(2) In this section:
CRICOS means the Commonwealth Register of Institutions and
Courses for Overseas Students under the Education Services for Overseas
Students Act 2000 (Cwlth), section 10.
substitute
112 Approved forms
(1) The council may approve forms for this Act (other than chapter
3A).
(2) The chief executive may approve forms for chapter 3A.
(3) If the council or chief executive approves a form for a particular
purpose, the approved form must be used for that purpose.
Note For other provisions about forms, see the Legislation Act, s
255.
(4) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
insert
Chapter 10 Transitional
200 Definitions—ch 10
In this chapter:
commencement day means the day this Act commences.
repealed Act means the Vocational and Education Training
Act 2003.
201 Training contracts
(1) A contract that was an approved training contract under the repealed
Act immediately before the commencement day is taken to be approved as a
training contract under section 55B (Approval of training contract).
(2) If a suspension of approval of the agreement or an amendment of the
agreement is in force immediately before the commencement day, the suspension or
amendment has effect as if the approval had been suspended, or the agreement
amended, under chapter 3A (Work-related training and training
contracts).
202 Transitional regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of this Act.
(2) A regulation may modify this part to make provision in relation to
anything that, in the Executive’s opinion, is not, or is not adequately or
appropriately, dealt with in this part.
(3) A regulation under subsection (2) has effect despite anything
elsewhere in this Act.
203 Expiry—ch 10
(1) This chapter is a law to which the Legislation Act, section 88 (Repeal
does not end effect of transitional laws etc) applies.
(2) This chapter expires 1 year after the commencement day.
30 Reviewable
decisionsSchedule 1, new items 12A to
12I
insert
12A
|
55B (1)
(Approval of training contract)
|
refusing to approve a training contract
|
applicant for approval
|
12B
|
55B (3)
|
approving a training contract subject to conditions
|
applicant for approval
|
12C
|
55G (2) (a) (Party may ask for amendment)
|
approving an amendment of an approved training contract
|
each party to the contract
|
12D
|
55G (2) (b)
|
refusing to approve an amendment of approved training contract
|
each party to the contract
|
12E
|
55H (Chief executive may suspend, cancel or amend contract)
|
suspending or cancelling approval of a training contract
|
each party to the contract
|
12F
|
55H
|
amending an approved training contract
|
each party to the contract
|
12G
|
55I (5) (a)
|
making a finding of fact about a matter in relation to a training
contract
|
each party to the contract
|
12H
|
55I (5) (b)
|
amending an approved training contract
|
each party to the contract
|
12I
|
55I (5) (c)
|
giving directions to a party to an approved training contract
|
each party to the contract
|
31 Schedule
1, new items 28 and 29
insert
28
|
103A (2) (Obstructing visits—chief executive)
|
suspending or cancelling approval of an approved training
contract
|
each party to the contract
|
29
|
103A (2)
|
amending an approved training contract
|
each party to the contract
|
32 Dictionary,
definition of ANTA
omit
33 Dictionary,
new definition of approved training contract
insert
approved training contract means a training contract approved
by the chief executive under section 55B (Approval of training
contract).
34 Dictionary,
definition of authority
omit
35 Dictionary,
new definition of employer
insert
employer, for a trainee, means the person who is obliged
under a training contract to employ the trainee.
36 Dictionary,
definition of MINCO
omit
37 Dictionary,
new definition of nationally agreed training
contract
insert
nationally agreed training contract—see section 55B
(4).
38 Dictionary,
definition of national protocols
omit
on 31 March 2000
39 Dictionary,
definition of national protocols, notes 1 and 2
substitute
Note The national protocols were originally approved on 31 March
2000 and a revised edition was approved on 7 July 2006. The revised edition is
to come into effect in December 2007.
40 Dictionary,
new definition of trainee
insert
trainee means a person who undertakes training under a
training contract, and includes an apprentice.
41 Dictionary,
new definition of work-related training
insert
work-related training means a sequence of vocational
education and training that is determined by the chief executive under
section 55A to be work-related training.
42 Further
amendments, dictionary definitions
omit notes 1 and 2 from the following definitions:
• AQF
• AQTF
• national protocols
• national training framework
• standards for accreditation of courses
• standards for registered training
organisations
• standards for State and Territory registering and course
accrediting bodies
(1) The Vocational Education and Training Act 2003 A2003-37 is
repealed.
(2) All legislative instruments under the Vocational Education and
Training Act 2003 are repealed.
Schedule
1 Consequential
amendments
(see s 3)
Part
1.1 Agents Regulation
2003
omit
Tertiary Accreditation and Registration Act 2003
substitute
Training and Tertiary Education Act 2003
omit
Tertiary Accreditation and Registration Act 2003
substitute
Training and Tertiary Education Act 2003
[1.3] Dictionary,
definition of registered training organisation
omit
Tertiary Accreditation and Registration Act 2003
substitute
Training and Tertiary Education Act 2003
[1.4] Dictionary,
definition of statement of attainment
omit
Tertiary Accreditation and Registration Act 2003
substitute
Training and Tertiary Education Act 2003
Part
1.2 Annual Leave Act
1973
[1.5] Dictionary,
definition of approved training contract
omit
Vocational Education and Training Act 2003
substitute
Training and Tertiary Education Act 2003
Part
1.3 Board of Senior Secondary Studies
Act 1997
substitute
(c) 1 person appointed after consultation with vocational education and
training organisations;
Part
1.4 Building and Construction Industry
Training Levy Act 1999
[1.7] Section
28 (4), definition of registered training
organisation
omit
Tertiary Accreditation and Registration Act 2003
substitute
Training and Tertiary Education Act 2003
Part
1.5 Canberra Institute of Technology
Act 1987
substitute
(d) 1 must be a person with skills in and knowledge of vocational
education and training; and
Part
1.6 Construction Occupations
(Licensing) Regulation 2004
[1.9] Section
14 (6), definition of registered training
organisation
omit
Tertiary Accreditation and Registration Act 2003
substitute
Training and Tertiary Education Act 2003
[1.10] Section
35 (3), definition of accredited course
omit
Tertiary Accreditation and Registration Act 2003
substitute
Training and Tertiary Education Act 2003
Part
1.7 Crimes (Child Sex Offenders) Act
2005
[1.11] Section
124 (1) (s)
omit
Vocational Education and Training Act 2003
substitute
Training and Tertiary Education Act 2003
[1.12] Section
124 (2), definition of education institutions for children, paragraph
(b)
omit
Tertiary Accreditation and Registration Act 2003
substitute
Training and Tertiary Education Act 2003
Part
1.8 Domestic Violence and Protection
Orders Act 2001
[1.13] Dictionary,
definition of employer, par (d)
omit
Vocational Education and Training Act 1995
substitute
Training and Tertiary Education Act 2003
Part
1.9 Long Service Leave Act
1976
[1.14] Dictionary,
definition of approved training contract
omit
Vocational Education and Training Act 2003
substitute
Training and Tertiary Education Act 2003
Part
1.10 Payroll Tax Act
1987
[1.15] Section
9A (8), definition of approved training contract
omit
Vocational Education and Training Act 2003
substitute
Training and Tertiary Education Act 2003
[1.16] Section
9AB (4), definition of approved training contract
omit
Vocational Education and Training Act 2003
substitute
Training and Tertiary Education Act 2003
Part
1.11 Security Industry Act
2003
[1.17] Section
26 (5), definition of trainee
omit
Vocational Education and Training Act 1995
substitute
Training and Tertiary Education Act 2003
Part
1.12 Security Industry Regulation
2003
omit
Tertiary Accreditation and Registration Act 2003
substitute
Training and Tertiary Education Act 2003
Part
1.13 Tertiary Accreditation and
Registration Regulation 2004
substitute
1 Name of regulation
This regulation is the Training and Tertiary Education
Regulation 2003.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2007.
2 Notification
Notified under the Legislation Act on 2007.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2007
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