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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 Section 7 repealed 9 10.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 Sections 15 and 16 repealed 11 16.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 Part 4 Division 1 heading repealed 14 21.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".
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