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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
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. Act amended 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 deleted 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 deleted 11
16. Section 17B amended 12
17. Section 19 amended 12
18. Section 21 amended 13
007--1 page i
Training Legislation Amendment and Repeal Bill 2008
Contents
19. Section 23 replaced 14
23. Committees of the Board 14
20. Part 4 Division 1 heading deleted 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 16
31. Council may provide information to others 16
27. Section 37 amended 16
28. Section 42 amended 19
29. Section 43 replaced 19
43. Strategic plans 19
30. Section 44A inserted 20
44A. Annual business plans 20
31. Sections 48, 49 and 50 replaced 21
48. Funds of a college 21
49. Use of a college's funds 21
50. College accounts 22
32. Section 52 amended 22
33. Section 53 replaced 22
53. Minister may direct transfer of college's
funds 22
34. Section 54 amended 23
35. Section 55 amended 23
36. Part 5 Division 5 inserted 23
Division 5 -- Miscellaneous matters
57A. Closure of college, consequences of 23
37. Section 57 amended 25
38. Part 7A inserted 25
Part 7A -- Regulation of the provision of some
vocational education and training
Division 1 -- General matters
58A. Offences 25
58B. Council may register training providers 27
58C. Council may accredit courses 27
58D. Council may inquire into training providers
and courses 28
58E. Council may cancel certain qualifications 28
58F. When Council's decisions have effect 29
page ii
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 30
58I. Reference back to Council 31
58J. Determination of appeal 31
Division 3 -- Miscellaneous matters
58. Regulations for this Part 32
39. Part 7 replaced 34
Part 7 -- Obtaining prescribed VET qualifications
and approved VET qualifications
Division 1 -- Preliminary matters
60A. Terms used in this Part 34
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 38
60G. Terminating training contracts 40
60H. Consequences of training contracts
ceasing to have effect 41
Division 3 -- Qualifying by demonstrating
competence
60I. Conferring prescribed VET qualifications
to competent persons 41
Division 4 -- Miscellaneous matters
60. Regulations for this Part 42
40. Part 8A inserted 44
Part 8A -- Enforcement matters
61A. VET inspectors, appointment of 44
61B. VET inspectors' powers 45
61C. Consequences of investigations 46
61. Evidentiary matters 46
41. Section 63 amended 47
42. Sections 65 and 66 deleted 47
43. Section 67 amended 47
44. Section 68 replaced 48
68. Transitional provisions (Sch. 2) 48
45. Section 69 replaced 48
69. Transitional regulations 48
page iii
Training Legislation Amendment and Repeal Bill 2008
Contents
46. Sections 70, 71 and 72 replaced 49
70. Review of Act 49
47. Schedule 1 amended 50
48. Schedule 2 replaced 50
Schedule 2 -- Transitional provisions
1. Provisions relating to repeal of Industrial
Training Act 1975 50
49. Schedules 3 and 4 deleted 50
Part 3 -- Industrial Training Act 1975
repealed
Division 1 -- Act repealed
50. Act repealed 51
Division 2 -- Consequential amendments
51. Coal Industry Tribunal of Western Australia
Act 1992 amended 51
52. Curriculum Council Act 1997 amended 51
53. Industrial Relations Act 1979 amended 52
54. Long Service Leave Act 1958 amended 55
55. Mines Safety and Inspection Act 1994 amended 55
56. Minimum Conditions of Employment Act 1993
amended 56
57. Occupational Safety and Health Act 1984 amended 57
58. Painters' Registration Act 1961 amended 58
59. Pay-roll Tax Assessment Act 2002 amended 58
60. Retail Trading Hours Act 1987 amended 59
61. School Education Act 1999 amended 59
page iv
Western Australia
LEGISLATIVE COUNCIL
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
Training Legislation Amendment and Repeal Bill 2008
Part 1 Preliminary matters
s. 1
Part 1 -- Preliminary matters
1. Short title
This is the 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
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. Act amended
This Part amends the Vocational Education and Training
5 Act 1996.
4. Long title amended
In the long title delete the passage that begins with "to repeal"
and ends with "other Acts," and insert:
10 to provide for the training of people, such as apprentices,
under training contracts with employers,
5. Section 4 amended
In section 4:
15 (a) delete "are -- " and insert:
are as follows --
(b) delete paragraph (b) and insert:
20
(b) to provide for the registration of some providers
of vocational education and training and the
accreditation of some vocational education and
training courses;
25
(c) in paragraph (e) delete "training; and" and insert:
training;
page 3
Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 6
(d) in paragraph (f) delete "State." and insert:
State;
5 (e) after paragraph (f) insert:
(g) to provide for people, such as apprentices, to be
trained for some occupations under training
contracts with employers.
10
6. Section 5 amended
(1) In section 5(1) delete these definitions:
accredited
chief executive
15 course
department
public training provider
registered training provider
Resource Agreement
20 skills training programme
State Training Profile
training provider
training scheme
(2) In section 5(1) insert in alphabetical order:
25
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; or
30 (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 certifies that a
page 4
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 6
person has successfully completed an approved VET
course or a part of an approved VET course;
chief executive means the chief executive officer of the
department of the Public Service principally assisting
5 the Minister to administer the provision in which the
term chief executive is used;
corresponding law means a law of another State or a
Territory that relates to vocational education and
training and that is prescribed to be a corresponding
10 law;
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
15 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
20 course under an approval given under section 6;
registered training provider means a training provider
registered --
(a) by the Council under Part 7A; or
(b) under a corresponding law;
25 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 --
(a) the training needs of the State's various
30 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
page 5
Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 7
(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;
5 university means a university established under a
written law;
VET course means a course of study or training or
both study and training in which vocational education
and training is provided;
10 VET inspector means a person appointed under
section 61A(2);
(3) In section 5(1) in the definition of vocational education and
training --
15 (a) delete "post-compulsory";
(b) delete "secondary".
(4) In section 5(2) delete "Profile" and insert:
Plan
20
7. Section 6 replaced
Delete section 6 and insert:
6. Vocational education and training provided by a
25 school or university
(1) The Minister may, for the purposes of this Act, approve
a specified course or programme, or class of course or
programme, provided by a specified school or
university.
page 6
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 8
(2) Any course or programme so approved is within the
definition of "vocational education and training" in
section 5(1).
(3) The power conferred by subsection (1) may only be
5 exercised with the concurrence of --
(a) in the case of a school -- the Minister
administering the School Education Act 1999;
(b) in the case of a university -- the Minister
administering the written law that establishes
10 the university.
8. Part 2 Division 1A inserted
At the beginning of Part 2 insert:
15 Division 1A -- VET (WA) Ministerial Corporation
7A. Body corporate continued
(1) The body corporate called the "Minister for Training",
established previously under this Act, continues under
the name "VET (WA) Ministerial Corporation".
20 (2) VET (WA) Ministerial Corporation is a body corporate
with perpetual succession.
(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
25 by the Minister.
7B. Status and purpose
(1) VET (WA) Ministerial Corporation (the corporation)
is an agent of the State and has the status, immunities,
and privileges of the State.
page 7
Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 8
(2) The corporation has power --
(a) to enter into any contract that the Minister,
under this Act, has power to enter into; and
(b) to acquire, hold and dispose of any property
5 that the Minister, under this Act, has power to
acquire, hold and dispose of.
(3) Despite the employment under the Public Sector
Management Act 1994 of ministerial officers for the
purpose of assisting the Minister to perform functions
10 that the Minister performs through the corporation, the
corporation and those officers are not an organisation
for the purposes of that Act.
7. Execution of documents
(1) VET (WA) Ministerial Corporation (the corporation)
15 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
accordance with subsections (3) and (4); or
(b) it is signed on behalf of the corporation by the
20 Minister; or
(c) it is signed on behalf of the corporation by the
chief executive, or another person, authorised
under subsection (5).
(3) The corporation's common seal is not to be affixed to a
25 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
Minister is to sign the document to attest that the
common seal was so affixed.
30 (5) The corporation, in writing under its common seal,
may authorise the chief executive or other person to
page 8
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 9
sign documents on its behalf, either generally or
subject to conditions or restrictions specified in the
authorisation.
(6) A document executed by the chief executive or other
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).
(7) A document purporting to be executed in accordance
10 with this section is to be presumed to be duly executed
until the contrary is shown.
(8) If a document bears a seal 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
15 the contrary is shown.
9. Section 7 deleted
Delete section 7.
10. Section 8 amended
20 (1) In section 8:
(a) delete "The functions of the Minister are --" and insert:
(1) The main functions of the Minister are as follows --
25 (b) delete paragraph (b) and insert:
(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
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;
(c) in paragraph (c) delete "Act; and" and insert:
5
Act;
(2) At the end of section 8 insert:
10 (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.
(3) The Minister may approve any draft State Training
Plan or refuse to approve it and require the Board to
15 prepare another or an amended draft.
11. Section 9 amended
(1) In section 9(2):
(a) delete paragraph (a);
20 (b) delete paragraph (d) and insert:
(d) after publicly inviting tenders or expressions of
interest to provide vocational education and
training, enter into contracts with training
25 providers under which the training providers
provide vocational education and training or
services related to vocational education and
training;
30 (c) in paragraph (e) after "persons" insert:
for and
page 10
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 12
(d) in paragraph (h) delete "knowledge and";
(e) in paragraph (h) delete "copyright and other".
(2) In section 9(3) after "subsection (2)(d)," insert:
5 (e),
12. Section 11 amended
In section 11(4):
(a) in paragraph (a) delete "Division 2 of Part 4; or" and
10 insert:
Part 7A Division 2; or
(b) in paragraph (b) delete "section 27(1)." and insert:
15
Part 7A Division 1.
13. Section 12 amended
In section 12(1) delete "secondary".
20 14. Section 13 amended
In section 13(3) delete "Division 2 of Part 4; or" and insert:
Part 7A Division 2; or
25 15. Sections 15 and 16 deleted
Delete sections 15 and 16.
page 11
Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 16
16. Section 17B amended
(1) In section 17B(1) delete "an operating account approved by the
Treasurer --" and insert:
5 an agency special purpose account established under
the Financial Management Act 2006 section 16 --
(2) In section 17B(2) delete "the operating" and insert:
10 that
(3) Delete section 17B(3).
17. Section 19 amended
After section 19(3) insert:
15
(4A) The Board's members must include --
(a) at least one person experienced in employers'
interests; and
(b) at least one person experienced in workers'
20 interests.
(4B) For the purpose of complying with subsection (4A)(a),
the Minister, in writing, may request the body called
the Chamber of Commerce and Industry of Western
Australia (Inc.) to give the Minister in accordance with
25 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.
(4C) For the purpose of complying with subsection (4A)(b),
the Minister, in writing, may request the body called
30 UnionsWA to give the Minister in accordance with the
request the name of one or more (as is specified in the
page 12
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 18
request) persons each of whom has the required
experience and is willing to act as a member.
18. Section 21 amended
5 (1) In section 21(1):
(a) delete "Board are --" and insert:
Board are as follows --
10 (b) delete paragraphs (a) and (b) and insert:
(a) to give the Minister a draft State Training Plan
as and when required by the Minister;
(b) to recognise various industry training advisory
15 bodies as bodies from which the Board takes
advice for the purpose of drafting a State
Training Plan or making recommendations to
the Minister under Part 7;
(ca) to make recommendations that are required or
20 permitted to be made by it to the Minister under
Part 7;
(c) delete paragraph (c) and insert:
25 (c) to prepare, for consideration by the Minister,
policy which aims to improve the links between
specific industry developments and vocational
education and training so as to gain optimum
employment opportunities for people, and
30 ensure the availability of appropriately skilled
labour, in the State;
page 13
Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 19
(d) delete paragraph (d) and "and" after it and insert:
(d) to perform the functions it has under Part 7A
Division 2;
5
19. Section 23 replaced
Delete section 23 and insert:
23. Committees of the Board
10 (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
of the Board but must include at least one member of
15 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
other than this power of delegation.
20 (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.
25 20. Part 4 Division 1 heading deleted
Delete the heading to Part 4 Division 1.
21. Section 25 amended
Delete section 25(3) and insert:
30 (3) The Minister must not appoint a person as a member of
the Council unless satisfied the person has expertise,
page 14
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 22
qualifications or experience relevant to the Council's
functions.
22. Section 26 amended
5 After section 26(2) insert:
(3) The chief executive must provide staff, services and
facilities to enable the Council to perform its functions.
10 23. Section 27 replaced
Delete section 27 and insert:
27. Functions of the Council
(1) The functions of the Council are set out in this Part and
15 Part 7A.
(2) The Council may do all things necessary or convenient
to be done for or in connection with the performance of
its functions.
20 24. Section 28 amended
In section 28 after "person," insert:
including a committee appointed under section 29,
25 25. Section 29 replaced
Delete section 29 and insert:
29. Committees of the Council
(1) The Council may appoint committees to assist it to
30 perform its functions, and may abolish or alter any
committee it has appointed.
page 15
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
10 Delete Part 4 Division 2 and insert:
31. Council may provide information to others
(1) The Council may provide information received by it in
the course of performing its functions to any person it
15 thinks fit.
(2) Information provided under this section may be
provided subject to any conditions the Council decides.
27. Section 37 amended
20 (1) At the beginning of section 37 insert:
(1A) In this section --
business arrangement has the meaning given in
section 9(4);
25 participate has the meaning given in section 9(4).
(2) In section 37(1):
(a) delete "college are --" and insert:
30 college are as follows --
page 16
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 27
(b) delete paragraphs (a) and (b) and insert:
(a) to provide vocational education and training;
(ba) to tender for and enter into contracts for the
5 provision by it of vocational education and
training;
(bb) to provide vocational education and training on
a fee for service basis;
(b) to confer awards and, if it is a registered
10 training provider and, under the terms of its
registration as such, authorised to do so --
(i) approved VET qualifications; and
(ii) prescribed VET qualifications;
(ca) to provide, for a fee or otherwise, or enter into
15 contracts to provide, products, consultancy or
other services in the course of, or incidental to,
the provision by the college of vocational
education and training;
20 (c) after paragraph (c) insert:
(da) to turn to account the vocational education and
training expertise of the college by means of
the sale of services and the commercial
25 exploitation of intellectual property, including
the assignment and licensing of such property;
(d) after paragraph (d) insert:
30 (ea) to provide adult and community education;
(e) in paragraph (e) after "services to" insert:
its
35
page 17
Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 27
(f) delete paragraph (f) and insert:
(fa) to provide housing for its staff, and residential
accommodation for its students;
5 (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
thinks fit;
(f) with the approval of the Minister, on terms and
10 conditions approved by the Treasurer, to
participate in business arrangements relating to
the provision of vocational education and
training;
15 (g) in paragraph (g) delete "activities, including the
provision of adult and community education," and
insert:
activities
20
(h) delete paragraph (h) and "and" after it and insert:
(h) to provide education on behalf of another
educational institution;
25
(i) delete paragraph (i) and insert:
(i) to perform any function prescribed.
30 (3) Delete section 37(2) and insert:
(2) A college must perform its functions in accordance
with its strategic plan last approved under section 43
and its business plan last approved under section 44A.
35
page 18
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 28
(4) In section 37(3) delete "under section 43(2)(f)." and insert:
in which the college participates under subsection (1)(f).
5 (5) Delete section 37(4) and insert:
(4) The power conferred by subsection (1)(f) is not subject
to, and may be exercised despite, the State Supply
Commission Act 1991.
10
28. Section 42 amended
Delete section 42(2) and (3) and insert:
(2) A governing council of a college may do all things
15 necessary or convenient to be done for or in connection
with the performance of its functions.
(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
20 college.
(4) In performing its functions the governing council of a
college must ensure the college's courses, programmes
and services are responsive to, and meet, the needs of
students, industry and the community.
25
29. Section 43 replaced
Delete section 43 and insert:
43. Strategic plans
30 (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
page 19
Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 30
the college for such period, beginning on the following
1 January, as is prescribed.
(2) A college's strategic plan must set out --
(a) the college's medium to long term objectives
5 (including economic and financial objectives)
and operational targets and how those
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
10 State Training Plan.
(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.
15 (5) A college may change a plan approved by the Minister
under this section with the approval of the Minister.
30. Section 44A inserted
After section 43 insert:
20
44A. Annual business 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 business plan for
25 the college for the year that begins on the following
1 January.
(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
30 (b) the other functions of the college that it plans to
perform in the year; and
page 20
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 31
(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
5 the year.
(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.
10 (5) A college may change a plan approved by the Minister
under this section with the approval of the Minister.
31. Sections 48, 49 and 50 replaced
Delete sections 48, 49 and 50 and insert:
15
48. Funds of a college
A college's funds consist of the following --
(a) monies appropriated by Parliament;
(b) monies received from commercial activities
20 conducted by the college;
(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
25 following --
(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
30 governing council;
page 21
Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 32
(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.
5 50. College accounts
(1) An account called the (name of college) Account is to
be established for each college --
(a) as an agency special purpose account under the
Financial Management Act 2006 section 16; or
10 (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.
(3) Any funds of a college applied under section 49 must
15 be debited to the college's account.
32. Section 52 amended
In section 52 delete "college Trust Account" and insert:
20 college's account
33. Section 53 replaced
Delete section 53 and insert:
25 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
Minister may direct that the whole or a part of that
30 excess be credited to --
(a) another college's account; or
page 22
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 34
(b) an account to which the Financial Management
Act 2006 applies that is operated for or in
connection with the purposes of this Act.
5 34. Section 54 amended
Delete section 54(4).
35. Section 55 amended
In section 55:
(a) delete paragraph (b) and "or" after it and insert:
10
(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
15
(b) after paragraph (a) insert:
or
20 36. Part 5 Division 5 inserted
At the end of Part 5 insert:
Division 5 -- Miscellaneous matters
57A. Closure of college, consequences of
25 (1) In this section --
closing day of a college, means the day on which an
order that closes the college, published under
section 35(b) or 56(1)(b), takes effect.
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Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 36
(2) The Minister must notify the Treasurer as soon as
practicable after publishing an order under
section 35(b) or 56(1)(b) that closes a college.
(3) On the closing day of a college the following
5 provisions apply --
(a) all assets and rights of the college become
assets and rights of the Minister without the
need for any transfer;
(b) all liabilities of the college, including
10 contingent liabilities, become liabilities of the
Minister;
(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
15 substituted for the college as a party to that
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
20 Minister;
(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
25 that that thing has any force or effect) is to be
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
30 records, however compiled, recorded or stored
and of any tape, disk or other device or medium
relating to such records;
(g) the status of a college as a body corporate
ceases.
page 24
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 37
(4) The Minister is to complete the winding-up of the
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
5 necessary.
(5) On the closure of a college, the Financial Management
Act 2006 Part 5 Division 3 applies to and in respect of
the college.
10 37. Section 57 amended
(1) Delete section 57(3).
(2) After section 57(4) insert:
(5) An institution established under subsection (2) is to be
15 regarded as a service under the control of the
department of the Public Service that principally assists
the Minister to administer this Part.
38. Part 7A inserted
20 Before Part 7 insert:
Part 7A -- Regulation of the provision of some
vocational education and training
Division 1 -- General matters
25 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;
or
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Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 38
(b) the person is a registered training provider but
is not permitted to provide the course by --
(i) any condition of the person's
registration as a registered training
5 provider; or
(ii) any condition of the course's
accreditation; or
(iii) any order of the Council;
or
10 (c) the course is not an approved VET course.
(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.
15 (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
20 (b) the person is a registered training provider but
is not permitted to confer the qualification
by --
(i) any condition of the person's
registration as a registered training
25 provider; or
(ii) any order of the Council.
(4) A person must not claim or purport to confer an
approved VET qualification, or a prescribed VET
qualification, if the qualification is not an approved
30 VET qualification or a prescribed VET qualification.
(5) A person must not claim or purport to be a registered
training provider if --
(a) the person is not a registered training provider;
or
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Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 38
(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.
5 58B. Council may register training providers
Subject to the regulations, the Council, on an
application by a person or on its own initiative --
(a) may register a training provider, either
unconditionally or subject to conditions decided
10 by the Council; and
(b) if a registered training provider's registration
was granted by the Council, may vary, suspend
or cancel the registration; and
(c) if a registered training provider's registration
15 was not granted by the Council, may --
(i) order the provider not to operate in this
State; or
(ii) by order, impose conditions restricting
the provider's operations in this State.
20 58C. Council may accredit courses
Subject to the regulations, the Council, on an
application by a person or on its own initiative --
(a) may accredit a VET course, either
unconditionally or subject to conditions decided
25 by the Council; and
(b) if an approved VET course is accredited by the
Council, may vary, suspend or cancel the
accreditation.
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Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 38
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,
5 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
10 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 --
15 (i) a training provider that is, or that has
applied to be, registered by that body;
and
(ii) a VET course that is, or that is the
subject of an application to be,
20 accredited by that body.
58E. Council may cancel certain qualifications
(1) The Council may cancel an approved VET
qualification or a prescribed VET qualification
conferred by a registered training provider if the
25 Council is satisfied that it was conferred --
(a) by mistake or on the basis of false or
misleading information; or
(b) in contravention of this Act.
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Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 38
(2) The Council must not cancel an approved VET
qualification or a prescribed VET qualification unless
the Council --
(a) has given the person who conferred the
5 qualification and the person who received it
written notice of --
(i) the Council's intention to cancel it; and
(ii) their entitlement to make
representations to the Council about the
10 matter;
and
(b) has afforded those persons a reasonable
opportunity to make representations to the
Council about the matter; and
15 (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
prescribed VET qualification, the Council must give
20 written notice of the cancellation to the person who
conferred the qualification and the person who received
it.
58F. When Council's decisions have effect
A decision of the Council made under section 58B,
25 58C or 58E takes effect --
(a) if no appeal is commenced under section 58G,
when the time for commencing an appeal has
passed; or
(b) if an appeal is commenced under section 58G,
30 when that appeal is determined under
section 58J or is withdrawn; or
(c) on any later day the Council may specify.
page 29
Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 38
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
Council made under section 58B, 58C or 58E may
5 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
in, guidelines it was required to apply under section 13
10 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
the appeal; and
15 (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
regulations.
20 (4) The Board must give the Council a copy of any appeal
notice.
58H. Board to establish review panels
(1) To assist it in determining an appeal commenced under
section 58G, the Board must establish an independent
25 review panel comprised of as many persons with
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
30 Board allows, a written recommendation on the issues
raised by the appeal.
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Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 38
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
5 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
10 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
15 and under section 58I(2) the Council advises that the
decision appealed against should be altered, the Board
must allow the appeal.
(3) If a review panel recommends an appeal be allowed
and under section 58I(2) the Council advises that the
20 decision appealed against should be confirmed, the
Board must decide whether to --
(a) accept the panel's recommendation and allow
the appeal; or
(b) accept the decision appealed against and
25 disallow the appeal.
(4) If under subsection (2) or (3)(a) the Board allows an
appeal, it must set aside the decision appealed against
and substitute a decision that accords with the review
panel's recommendation.
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Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 38
(5) The Board must give the appellant --
(a) written notice of any decision it makes under
this section and of the reasons for it; and
(b) a copy of the review panel's recommendation.
5 (6) A decision made by the Board under this section on an
appeal is final.
Division 3 -- Miscellaneous matters
58. Regulations for this Part
Without limiting the generality of section 67(1),
10 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;
(b) provide for how applications to the Council
must be made;
15 (c) provide for criteria (including standards and
guidelines) that the Council must or may take
into account when deciding an application
made to it;
(d) provide for the conditions that the Council may
20 impose when registering a training provider,
including but not limited to conditions that
limit --
(i) the approved VET courses that the
provider can provide;
25 (ii) who the provider can assess for
approved VET qualifications or
prescribed VET qualifications;
(iii) the approved VET qualifications or
prescribed VET qualifications that the
30 provider can confer;
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Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 38
(e) provide for the conditions that the Council may
impose when accrediting a VET course;
(f) provide for the period of any registration of a
training provider or any accreditation of a VET
5 course;
(g) provide for any matter of a savings nature that
may be needed when the accreditation of a
VET course expires;
(h) provide for a register of decisions by the
10 Council;
(i) provide for the circumstances that justify the
Council deciding to --
(i) vary, suspend or cancel the registration
of a training provider or the
15 accreditation of a VET course;
(ii) make an order against a registered
training provider whose registration was
not granted by the Council;
(j) confer a discretion on the Council;
20 (k) require registered training providers and
persons who hold an accreditation of a VET
course to give the Council information,
including when a registration or accreditation is
suspended;
25 (l) provide for registered training providers to keep
records relevant to vocational education and
training;
(m) require persons who cease to be registered
training providers to provide the Council with
30 records of --
(i) the courses they provided, in whole or
part, and the persons to whom such
courses were provided; and
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Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 39
(ii) the qualifications they conferred and the
persons on whom the qualifications
were conferred,
before ceasing to be registered;
5 (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
VET course, including when a
10 registration or accreditation is
suspended;
(iii) registered training providers and
persons who hold an accreditation of a
VET course for any inquiry the Council
15 makes under section 58D;
(iv) persons applying to the Council for a
copy of any record about the person
held by the Council.
20 39. Part 7 replaced
Delete Part 7 and insert:
Part 7 -- Obtaining prescribed VET
qualifications and approved VET qualifications
25 Division 1 -- Preliminary matters
60A. Terms used in this Part
In this Part --
apprentice means the person who is named in a
training contract as the person who will be trained
30 under the contract, whether the person is termed an
page 34
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 39
apprentice, a trainee, a cadet, an intern or some other
term;
class, in relation to a qualification, means the class into
which a prescribed VET qualification is classified
5 under section 60C;
training contract means a contract that complies with
section 60E.
60B. Inconsistency with industrial relations laws, awards
etc.
10 If a provision of this Part or of regulations made under
section 60 is inconsistent with a provision of the
Industrial Relations Act 1979 or any order, award or
industrial agreement in force under that Act, the former
provision prevails.
15 60C. Classification of prescribed VET qualifications
(1) The Minister must not act under this section without
having received and considered the Board's advice and
recommendation given after it has consulted in
accordance with the regulations.
20 (2) Any act done by the Minister under this section must
be done in writing and be published in the Gazette.
(3) The Minister must classify each prescribed VET
qualification that it is possible to confer in respect of
occupations, businesses, employments or trades into
25 one of these 3 classes --
(a) class A qualifications, being qualifications that
a person cannot obtain except by fulfilling the
obligations of an apprentice under a training
contract;
30 (b) class B qualifications, being qualifications that
a person may, but need not, obtain by fulfilling
page 35
Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 39
the obligations of an apprentice under a training
contract;
(c) class C qualifications, being qualifications that
a person cannot obtain by fulfilling the
5 obligations of an apprentice under a training
contract.
(4) The classification of a prescribed VET qualification
does not limit the operation of Division 3.
(5) The Minister may --
10 (a) classify a prescribed VET qualification on any
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,
15 including but not limited to --
(i) pre-conditions to be satisfied before
training contracts for the qualification
can be entered into; and
(ii) the period and terms of the contracts.
20 (6) The Minister may vary the classification of a
prescribed VET qualification and vary or cancel any
condition or requirement imposed under subsection (5).
(7) The chief executive must keep and make available to
the public a register of this information --
25 (a) class A and class B qualifications;
(b) any conditions applicable to those
qualifications;
(c) any requirements applicable to training
contracts for those qualifications.
page 36
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 39
60D. Offences
(1) A registered training provider must not confer, or offer
or purport to confer, a class A qualification on a person
unless --
5 (a) the person has fulfilled the obligations of an
apprentice under a training contract that was
registered under Division 2; or
(b) the person has satisfied the registered training
provider under Division 3.
10 (2) An employer must not enter into a training contract
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.
15 (3) An employer must not agree to train an employee for
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
20 60E. Training contracts
(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
25 employee will be employed while he or
she fulfils the requirements of the
contract in order to obtain a class A or
class B qualification;
(ii) to train the employee in accordance with
30 the contract;
page 37
Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 39
(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;
5 (iv) that any time spent by the employee in
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
10 be taken for all purposes (including the
payment of remuneration) to be time
spent working for the employer;
and
(b) the employee agrees to fulfil his or her
15 obligations under the contract and to be trained
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.
20 (3) A training contract must do the following --
(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.
25 (4) Subject to the regulations, a training contract --
(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.
30 60F. Registration of training contracts
(1) A training contract does not commence until it is
registered by the chief executive under this section.
page 38
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 39
(2) An employer who enters into a training contract must
lodge it with the chief executive in accordance with the
regulations for registration.
Penalty: a fine of $3 000.
5 (3) The chief executive may refuse to register a training
contract --
(a) if the contract was not lodged in accordance
with the regulations; or
(b) if a requirement for the contract imposed under
10 section 60C(5) has not been complied with; or
(c) if the content or form of the contract does not
comply with the regulations; or
(d) if the chief executive is satisfied the employer
is not able to train the apprentice adequately or
15 is not a fit and proper person to enter into the
contract; or
(e) if the apprentice is ineligible under the
regulations to enter into the contract; or
(f) for any reason prescribed in the regulations.
20 (4) Subsections (2) and (3), with any necessary changes,
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.
25 (6) If the chief executive cancels the registration of a
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
30 chief executive under this section may appeal against it
to the Western Australian Industrial Relations
Commission.
page 39
Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 39
(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
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 39
(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. Conferring prescribed VET qualifications to
competent persons
(1) Subject to the regulations, a registered training
provider may confer a class A qualification on a person
who --
20 (a) has not entered into a training contract under
Division 2 in respect of the qualification; or
(b) has entered into such a contract as an
apprentice but has only partly fulfilled the
apprentice's obligations under it,
25 if, after assessing the person, the provider is satisfied
the person nevertheless has, as a result of training
received from an employer and other learning, the
skills and competency required for the qualification.
(2) Subject to the regulations, a registered training
30 provider may confer a class B qualification on a person
who --
(a) has not entered into a training contract under
Division 2 in respect of the qualification; or
page 41
Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 39
(b) has entered into such a contract as an
apprentice but has only partly fulfilled the
apprentice's obligations under it; or
(c) has not undertaken or successfully completed
5 an approved VET course in respect of the
qualification,
if, after assessing the person, the provider is satisfied
the person nevertheless has the skills and competency
required for the qualification.
10 (3) Subject to the regulations, a registered training
provider may confer a class C qualification on a person
who has not undertaken or successfully completed an
approved VET course in respect of the qualification if,
after assessing the person, the provider is satisfied the
15 person nevertheless has the skills and competency
required for the qualification.
(4) Subject to the regulations, a registered training
provider may confer an approved VET qualification on
a person who has not undertaken or successfully
20 completed an approved VET course in respect of the
qualification if, after assessing the person, the provider
is satisfied the person nevertheless has the skills and
competency required for the qualification.
Division 4 -- Miscellaneous matters
25 60. 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 pre-conditions to be satisfied before
30 persons enter into training contracts;
page 42
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 39
(b) provide for the content or form or both of
training contracts, either generally or in relation
to specific prescribed VET qualifications;
(c) give persons under 18 years of age the capacity
5 to enter into training contracts;
(d) provide for criteria (including standards and
guidelines) that the chief executive must or may
take into account when deciding whether to
register or to cancel the registration of training
10 contracts;
(e) provide for the registration of contracts,
including for backdating registration;
(f) in relation to disputes arising under training
contracts between the parties to them --
15 (i) provide for their resolution, including
by the chief executive or a person
appointed by the chief executive;
(ii) confer on any such party aggrieved by a
decision made by a person referred to in
20 subparagraph (i) in respect of such a
dispute a right of appeal to the Western
Australian Industrial Relations
Commission;
(g) require parties to, and registered training
25 providers named in, training contracts to give
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;
30 (i) confer on persons refused approved VET
qualifications or prescribed VET qualifications
a right of appeal against the refusal;
page 43
Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 40
(j) prescribe the content and form of approved
VET qualifications and prescribed VET
qualifications;
(k) confer a discretionary authority on the Minister.
5
40. Part 8A inserted
Before Part 8 insert:
Part 8A -- Enforcement matters
10 61A. VET inspectors, appointment of
(1) In this section --
certificate means a certificate given under
subsection (3).
(2) The Minister, in writing, may appoint persons to
15 investigate --
(a) registered training providers, including but not
limited to the matters that may be inquired into
under section 58D;
(b) suspected breaches of training contracts;
20 (c) suspected contraventions of this Act,
on any terms the Minister decides and specifies in the
appointment.
(3) The Minister must give each VET inspector a
certificate of his or her appointment.
25 (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
is, in the absence of evidence to the contrary, evidence
30 of its contents.
page 44
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 40
(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
inspector.
5 61B. VET inspectors' powers
(1) For the purpose of investigating any matter that he or
she is authorised to investigate, a VET inspector may
do any of the following --
(a) at any reasonable time, enter, inspect and
10 search any place, other than a dwelling, that the
inspector suspects on reasonable grounds is a
place where vocational education and training
is provided;
(b) give a person a written direction to produce to
15 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
suspects on reasonable grounds is or may be
20 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
subsection (1)(b) must obey it.
25 Penalty: a fine of $10 000.
(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.
30 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.
page 45
Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 40
61C. Consequences of investigations
(1) A VET inspector may give the Council any
information that the Council may need in relation to
performing its functions under Part 7A.
5 (2) A prosecution for an offence against this Act cannot be
commenced except by or with the approval of the chief
executive officer of the department of the Public
Service principally assisting the Minister to administer
the provision that creates the offence.
10 61. Evidentiary matters
(1) A certificate that purports to be issued by the Council
stating --
(a) that a person was or was not a registered
training provider at a time specified in the
15 certificate;
(b) the conditions of a registered training
provider's registration at a time specified in the
certificate;
(c) that a VET course was or was not an approved
20 VET course at a time specified in the
certificate;
(d) the conditions of an approved VET course's
accreditation at a time specified in the
certificate,
25 is, in the absence of evidence to the contrary, evidence
of its contents.
(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
30 Part 7 stating --
(a) the classification of a prescribed VET
qualification under section 60C at a time
specified in the certificate;
page 46
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 41
(b) the requirements, if any, imposed under
section 60C by the Minister for a training
contract for a prescribed VET qualification at a
time specified in the certificate,
5 is, in the absence of evidence to the contrary, evidence
of its contents.
41. Section 63 amended
In section 63 delete paragraph (a), paragraph (b) and "and" after
10 it and paragraph (c) and insert:
(a) the Board or a committee of the Board; or
(b) the Council or a committee of the Council; or
(c) a review panel appointed under section 58H(1);
15 or
(d) the governing council of a college (other than
the managing director or any member of staff
of the college),
20 42. Sections 65 and 66 deleted
Delete sections 65 and 66.
43. Section 67 amended
In section 67(2) delete paragraph (c) and insert:
25 (c) create offences punishable by a fine of not
more than $5 000.
page 47
Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 44
44. Section 68 replaced
Delete section 68 and insert:
68. Transitional provisions (Sch. 2)
5 (1) Schedule 2 sets out transitional provisions.
(2) Schedule 2 does not affect the operation of the
Interpretation Act 1984 Part V.
45. Section 69 replaced
10 Delete section 69 and insert:
69. Transitional regulations
(1) This section does not affect the operation of the
Interpretation Act 1984 Part V.
15 (2) Without limiting section 67 regulations may prescribe
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
20 Training Legislation Amendment and Repeal
Act 2008; and
(b) for which there is no sufficient provision in
Schedule 2.
(3) Regulations made under this section must be made
25 within 12 months after the day on which this section
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
30 relation to any matter.
page 48
Training Legislation Amendment and Repeal Bill 2008
Vocational Education and Training Act 1996 amended Part 2
s. 46
(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
5 regulations come into operation but not earlier than the
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 --
10 (a) to affect in a manner prejudicial to any person
(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
15 of anything done or omitted to be done before
the regulations commenced.
46. Sections 70, 71 and 72 replaced
Delete sections 70, 71 and 72 and insert:
20
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
after every fifth anniversary of the commencement of
25 this section.
(2) The Minister must prepare a report based on the review
and, as soon as is practicable after the report is
prepared, cause it to be laid before each House of
Parliament.
30
page 49
Training Legislation Amendment and Repeal Bill 2008
Part 2 Vocational Education and Training Act 1996 amended
s. 47
47. Schedule 1 amended
After Schedule 1 clause 3(4) insert:
(5) The presence of a person at a meeting need not be by
5 attendance in person but may be by that person and each
other person at the meeting being simultaneously in contact
by telephone, or other means of instantaneous
communication.
10 48. Schedule 2 replaced
Delete Schedule 2 and insert:
Schedule 2 -- Transitional provisions
[s. 68]
15 1. Provisions relating to repeal of Industrial Training
Act 1975
(1) In this clause --
repealed Act means the Industrial Training Act 1975
repealed by the Training Legislation Amendment and
20 Repeal Act 2008 section 50.
(2) If immediately before the repeal of the repealed Act an
apprenticeship agreement or industrial training agreement
entered into and registered under the repealed Act is in
force, then on that repeal --
25 (a) the agreement is to be taken to be a training contract
entered into on the same terms and conditions and
registered under Part 7 Division 2; and
(b) Part 7 Division 2 applies to the agreement
accordingly.
30
49. Schedules 3 and 4 deleted
Delete Schedules 3 and 4.
page 50
Training Legislation Amendment and Repeal Bill 2008
Industrial Training Act 1975 repealed Part 3
Act repealed Division 1
s. 50
Part 3 -- Industrial Training Act 1975 repealed
Division 1 -- Act repealed
50. Act repealed
The Industrial Training Act 1975 is repealed.
5 Division 2 -- Consequential amendments
51. Coal Industry Tribunal of Western Australia Act 1992
amended
(1) This section amends the Coal Industry Tribunal of Western
Australia Act 1992.
10 (2) In section 3 in the definition of employee in paragraph (a) delete
"apprentice or industrial trainee;" and insert:
apprentice;
15 52. Curriculum Council Act 1997 amended
(1) This section amends the Curriculum Council Act 1997.
(2) In section 19A(2) in the Table to the definition of provider
delete items 4 and 5 and insert:
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.
20
page 51
Training Legislation Amendment and Repeal Bill 2008
Part 3 Industrial Training Act 1975 repealed
Division 2 Consequential amendments
s. 53
(3) Delete section 19F(1) and insert:
(1) In this section --
apprentice means a person who is an apprentice under
5 a training contract registered under the Vocational
Education and Training Act 1996 Part 7 Division 2;
employed includes employed as an apprentice.
53. Industrial Relations Act 1979 amended
10 (1) This section amends the Industrial Relations Act 1979.
(2) In section 7(1) delete the definitions of apprentice and trainee.
(3) In section 7(1) insert in alphabetical order:
apprentice means a person who is an apprentice under
15 a training contract registered under the Vocational
Education and Training Act 1996 Part 7 Division 2;
(4) In section 7(1) in the definition of employee in paragraph (a)
delete "apprentice or trainee;" and insert:
20
apprentice;
(5) In section 7(1) in the definition of group training organisation
delete "and trainees" (each occurrence).
25 (6) In section 7(1) in the definition of industrial matter delete
paragraph (f) and insert:
(f) in respect of apprentices, these additional
matters --
30 (i) their wage rates and, subject to the
Vocational Education and Training
page 52
Training Legislation Amendment and Repeal Bill 2008
Industrial Training Act 1975 repealed Part 3
Consequential amendments Division 2
s. 53
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 their employers'
10 workplaces or not; and
(iii) without limiting subparagraphs (i) and
(ii), those other rights, duties and
liabilities of them and their employers
under such contracts that do not relate to
15 the training and assessment they are to
undergo, whether at their employers'
workplaces or not;
(7) In section 50A(1)(a):
20 (a) in subparagraph (i) delete "apprentices or trainees;" and
insert:
apprentices;
25 (b) delete subparagraph (iii).
(8) In section 50A(5) delete "employee, apprentice or trainee" (each
occurrence) and insert:
employee or apprentice
30
page 53
Training Legislation Amendment and Repeal Bill 2008
Part 3 Industrial Training Act 1975 repealed
Division 2 Consequential amendments
s. 53
(9) In section 50A(6):
(a) delete "employee, apprentice or trainee" (first
occurrence) and insert:
5 employee or apprentice
(b) delete "employee, apprentice or trainee." (second
occurrence) and insert:
10 employee or apprentice.
(10) In section 50B(1):
(a) delete "or trainees" (each occurrence);
(b) delete "apprentice or trainee; or" and insert:
15
apprentice; or
(11) In section 50B(2) delete "or trainees" (each occurrence).
(12) In section 50B(3):
20 (a) delete "apprentice and each class of trainee --" and
insert:
apprentice --
25 (b) delete "or trainees, as is relevant to the case,".
(13) In section 50B(4):
(a) delete "or trainees" (each occurrence);
(b) delete "apprentice or trainee," and insert:
30 apprentice,
page 54
Training Legislation Amendment and Repeal Bill 2008
Industrial Training Act 1975 repealed Part 3
Consequential amendments Division 2
s. 54
54. Long Service Leave Act 1958 amended
(1) This section amends the Long Service Leave Act 1958.
(2) In section 4(1) delete the definitions of apprentice and
industrial trainee.
5 (3) In section 4(1) insert in alphabetical order:
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
(4) In section 4(1) in the definition of employee in paragraph (a)
delete "apprentice or industrial trainee;" and insert:
apprentice;
15
55. Mines Safety and Inspection Act 1994 amended
(1) This section amends the Mines Safety and Inspection Act 1994.
(2) In section 4(1) delete the definitions of apprentice and trainee.
(3) In section 4(1) insert in alphabetical order:
20
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;
25 (4) In section 4(1) in the definition of employee delete "or trainee".
(5) In section 4(1) in the definition of employer delete
paragraph (b) and insert:
(b) in relation to an apprentice, a person who
30 employs the apprentice at a mine under a
training contract registered under the
page 55
Training Legislation Amendment and Repeal Bill 2008
Part 3 Industrial Training Act 1975 repealed
Division 2 Consequential amendments
s. 56
Vocational Education and Training Act 1996
Part 7 Division 2;
(6) In section 4(1) in the definition of self-employed person in
5 paragraph (b) delete "apprentice or trainee," and insert:
apprentice,
56. Minimum Conditions of Employment Act 1993 amended
10 (1) This section amends the Minimum Conditions of Employment
Act 1993.
(2) In section 3(1) delete the definition of trainee.
(3) In section 3(1) in the definition of public holiday delete "area;"
and insert:
15
area.
(4) In section 12:
(a) in paragraph (b) delete "apprentice or trainee," and
20 insert:
apprentice,
(b) delete "apprentices or trainees." and insert:
25
apprentices.
(5) In section 13(b) delete "apprentice or trainee," and insert:
30 apprentice,
page 56
Training Legislation Amendment and Repeal Bill 2008
Industrial Training Act 1975 repealed Part 3
Consequential amendments Division 2
s. 57
(6) Delete section 15.
(7) In section 40(1) in the definition of employee delete "apprentice
or trainee;" and insert:
5 apprentice;
57. Occupational Safety and Health Act 1984 amended
(1) This section amends the Occupational Safety and Health
Act 1984.
10 (2) In section 3(1) delete the definitions of apprentice and trainee.
(3) In section 3(1) insert in alphabetical order:
apprentice means a person who is an apprentice under
a training contract registered under the Vocational
15 Education and Training Act 1996 Part 7 Division 2;
(4) In section 3(1) in the definition of employee delete
paragraph (b) and insert:
20 (b) an apprentice;
(5) In section 3(1) in the definition of employer delete
paragraph (b) and insert:
25 (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
Division 2;
30
page 57
Training Legislation Amendment and Repeal Bill 2008
Part 3 Industrial Training Act 1975 repealed
Division 2 Consequential amendments
s. 58
(6) In section 3(1) in the definition of self-employed person delete
paragraph (b) and insert:
(b) as an apprentice,
5
58. Painters' Registration Act 1961 amended
(1) This section amends the Painters' Registration Act 1961.
(2) In section 12(1) delete paragraph (aa) and "or" after it and
insert:
10
(b) has --
(i) under the Vocational Education and
Training Act 1996 Part 7 obtained a
qualification prescribed under this Act;
15 and
(ii) passed the prescribed additional
examination laid down by the Board for
those persons;
or
20
59. Pay-roll Tax Assessment Act 2002 amended
(1) This section amends the Pay-roll Tax Assessment Act 2002.
(2) In section 40(2):
(a) delete paragraph (m) and insert:
25
(m) by an employer to or in relation to a person
who is an apprentice under a training contract
registered under the Vocational Education and
Training Act 1996 Part 7 Division 2; or
30
(b) delete paragraph (p);
page 58
Training Legislation Amendment and Repeal Bill 2008
Industrial Training Act 1975 repealed Part 3
Consequential amendments Division 2
s. 60
(c) after each of paragraphs (a) to (l), (n) and (o) insert:
or
5 60. Retail Trading Hours Act 1987 amended
(1) This section amends the Retail Trading Hours Act 1987.
(2) In section 10(3)(bc) delete "apprentice, as defined in the
Industrial Training Act 1975 section 4(1))" and insert:
10 apprentice under a training contract registered
under the Vocational Education and Training
Act 1996 Part 7 Division 2)
61. School Education Act 1999 amended
15 (1) This section amends the School Education Act 1999.
(2) In section 4 insert in alphabetical order:
apprentice means an apprentice under a training
contract registered under the Vocational Education and
20 Training Act 1996 Part 7 Division 2;
(3) In section 11A(2) in the Table to the definition of provider
delete items 3 and 4 and insert:
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. The employer.
25
page 59
Training Legislation Amendment and Repeal Bill 2008
Part 3 Industrial Training Act 1975 repealed
Division 2 Consequential amendments
s. 61
(4) In section 11B(1):
(a) delete paragraphs (b) and (c) and insert:
(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); or
(c) being an apprentice; or
10 (b) after paragraph (a) insert:
or
(5) In section 11D(1)(b) delete "or trainee".
15 (6) In section 11D(5) delete "or trainee".
(7) In section 11I(2):
(a) delete "or trainee";
(b) in paragraph (a) delete "apprenticeship or traineeship;
or" and insert:
20
apprenticeship; or
(8) In section 11J(2)(a) delete "apprentice or trainee; or" and insert:
25 apprentice; or
(9) In section 11J(3) delete "apprenticeship, traineeship" and insert:
apprenticeship
30
page 60
Training Legislation Amendment and Repeal Bill 2008
Industrial Training Act 1975 repealed Part 3
Consequential amendments Division 2
s. 61
(10) In section 11J(4) delete "apprenticeship, traineeship" and insert:
apprenticeship
5 (11) In section 40(1b) delete " or traineeship".
(12) In section 42(1b) delete " or traineeship".
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