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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Skills Commissioner Bill 2020
No. , 2020
(Education, Skills and Employment)
A Bill for an Act to provide for the appointment of
a National Skills Commissioner, and for related
purposes
No. , 2020
National Skills Commissioner Bill 2020
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Simplified outline of this Act ............................................................ 2
4
Definitions ......................................................................................... 2
Part 2--Establishment and functions of the National Skills
Commissioner
4
5
Simplified outline of this Part ............................................................ 4
6
National Skills Commissioner ........................................................... 4
7
Functions of the National Skills Commissioner ................................ 4
8
Establishment and functions of advisory committees ........................ 5
9
Members of advisory committees ...................................................... 6
10
Ministerial directions ......................................................................... 7
Part 3--Administration
8
11
Simplified outline of this Part ............................................................ 8
12
Appointment ...................................................................................... 8
13
Acting appointments .......................................................................... 8
14
Remuneration .................................................................................... 9
15
Leave of absence ............................................................................... 9
16
Engaging in other paid work.............................................................. 9
17
Other terms and conditions ................................................................ 9
18
Resignation ...................................................................................... 10
19
Termination of appointment ............................................................ 10
20
Application of the finance law etc. .................................................. 11
21
Arrangements relating to staff of the Department ........................... 11
22
Other persons assisting the Commissioner ...................................... 11
23
Consultants ...................................................................................... 11
Part 4--Miscellaneous
12
24
Simplified outline of this Part .......................................................... 12
25
Delegation ....................................................................................... 12
26
Rules ................................................................................................ 12
No. , 2020
National Skills Commissioner Bill 2020
1
A Bill for an Act to provide for the appointment of
1
a National Skills Commissioner, and for related
2
purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act is the
National Skills Commissioner Act 2020
.
8
Part 1
Preliminary
Section 2
2
National Skills Commissioner Bill 2020
No. , 2020
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Simplified outline of this Act
13
This Act establishes the office of the National Skills
14
Commissioner, sets out the Commissioner's functions and deals
15
with other matters relating to the role of the Commissioner
16
(including administrative matters).
17
4 Definitions
18
In this Act:
19
advisory committee
means a committee established under section
20
8.
21
Commissioner
means the National Skills Commissioner referred to
22
in section 6.
23
paid work
means work for financial gain or reward (whether as an
24
employee, a self-employed person or otherwise).
25
Preliminary
Part 1
Section 4
No. , 2020
National Skills Commissioner Bill 2020
3
Secretary
means the Secretary of the Department.
1
VET
means vocational education and training.
2
VET course
has the same meaning as in the
National Vocational
3
Education and Training Regulator Act 2011
.
4
Part 2
Establishment and functions of the National Skills Commissioner
Section 5
4
National Skills Commissioner Bill 2020
No. , 2020
Part 2--Establishment and functions of the
1
National Skills Commissioner
2
3
5 Simplified outline of this Part
4
This Part establishes the office of the National Skills
5
Commissioner and sets out the Commissioner's functions.
6
The main functions of the Commissioner are:
7
(a)
to provide advice to the Minister and the Secretary on
8
Australia's workforce skills needs, efficient prices for
9
VET courses, the public and private return on
10
government investment in VET and other matters
11
relating to the VET system; and
12
(b)
to publish an annual report about Australia's current,
13
emerging and future workforce skills needs.
14
The Minister may establish one or more advisory committees to
15
give advice in relation to the Commissioner's functions.
16
6 National Skills Commissioner
17
There is to be a National Skills Commissioner.
18
7 Functions of the National Skills Commissioner
19
(1) The functions of the Commissioner are:
20
(a) to provide advice to the Minister or to the Secretary in
21
relation to the following:
22
(i) Australia's current, emerging and future workforce
23
skills needs;
24
(ii) the development of efficient prices for VET courses;
25
(iii) the public and private return on government investment
26
in VET qualifications;
27
Establishment and functions of the National Skills Commissioner
Part 2
Section 8
No. , 2020
National Skills Commissioner Bill 2020
5
(iv) the performance of Australia's system for providing
1
VET;
2
(v) issues affecting the state of the Australian and
3
international labour markets; and
4
(b) to inform the public about the matters mentioned in
5
paragraph (a); and
6
(c) to collect, analyse, share and publish data and other
7
information about the matters mentioned in paragraph (a) to
8
inform policy development and program delivery; and
9
(d) any other function that:
10
(i) is conferred on the Commissioner by the rules, by this
11
Act or by any other law of the Commonwealth; or
12
(ii) is incidental or conducive to the performance of the
13
above functions.
14
(2) The Commissioner must, before the end of each calendar year
15
beginning on or after 1 January 2021, prepare and give to the
16
Minister a report on Australia's current, emerging and future
17
workforce skills needs during the calendar year.
18
(3) The Minister must table the report in each House of the Parliament
19
as soon as practicable after receiving the report.
20
(4) The Commissioner must, as soon as practicable after the report is
21
tabled in the House of Representatives, publish the report:
22
(a) on the Department's website; or
23
(b) if the rules specify another manner in which the report is to
24
be published--in that manner.
25
8 Establishment and functions of advisory committees
26
(1) The Minister may establish, in writing, advisory committees to
27
advise the Commissioner in relation to the performance of the
28
Commissioner's functions.
29
(2) The Minister may determine, in relation to an advisory committee:
30
(a) the committee's terms of reference; and
31
(b) the terms and conditions of appointment of the members of
32
the committee; and
33
Part 2
Establishment and functions of the National Skills Commissioner
Section 9
6
National Skills Commissioner Bill 2020
No. , 2020
(c) the procedures to be followed by the committee.
1
(3) In performing the Commissioner's functions under this Part, the
2
Commissioner must have regard to any relevant advice given to the
3
Commissioner by an advisory committee.
4
(4) Subsection (3) does not, by implication, limit the matters to which
5
the Commissioner may have regard.
6
9 Members of advisory committees
7
Appointment
8
(1) Each member of an advisory committee is to be appointed by the
9
Minister by written instrument.
10
(2) A person may only be appointed as a member of an advisory
11
committee if the Minister is satisfied that the person has
12
appropriate qualifications, knowledge or experience.
13
(3) A member of an advisory committee is not an official of the
14
Department for the purposes of the
Public Governance,
15
Performance and Accountability Act 2013
.
16
Remuneration
17
(4) A member of an advisory committee is to be paid the remuneration
18
that is determined by the Remuneration Tribunal. If no
19
determination of that remuneration by that Tribunal is in operation,
20
a member of an advisory committee is to be paid the remuneration
21
that is prescribed by the rules.
22
Duty to act in an impartial and independent manner
23
(5) A member of an advisory committee must act in an impartial and
24
independent manner in relation to the giving of advice to the
25
Commissioner.
26
Resignation
27
(6) A member of an advisory committee may resign from the
28
committee by giving the Minister a written resignation.
29
Establishment and functions of the National Skills Commissioner
Part 2
Section 10
No. , 2020
National Skills Commissioner Bill 2020
7
(7) The resignation takes effect on the day it is received by the
1
Minister or, if a later day is specified in the resignation, on that
2
later day.
3
Termination
4
(8) The Minister may terminate the appointment of a member of an
5
advisory committee:
6
(a) for misbehaviour; or
7
(b) if the member is unable to perform the duties of a member of
8
the committee because of physical or mental incapacity.
9
(9) The Minister may terminate the appointment of a member of an
10
advisory committee if:
11
(a) the member:
12
(i) becomes bankrupt; or
13
(ii) applies to take the benefit of any law for the relief of
14
bankrupt or insolvent debtors; or
15
(iii) compounds with the member's creditors; or
16
(iv) makes an assignment of the member's remuneration for
17
the benefit of the member's creditors; or
18
(b) the member fails to comply with subsection (5) (which deals
19
with giving advice in an impartial and independent manner).
20
10 Ministerial directions
21
(1) The Minister may, by legislative instrument, give the
22
Commissioner directions about the way in which the
23
Commissioner is to carry out the Commissioner's functions.
24
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
25
Legislation Act 2003
do not apply to directions given under this
26
subsection (see regulations made for the purposes of paragraphs
27
44(2)(b) and 54(2)(b) of that Act).
28
(2) The Commissioner must comply with a direction under
29
subsection (1).
30
Part 3
Administration
Section 11
8
National Skills Commissioner Bill 2020
No. , 2020
Part 3--Administration
1
2
11 Simplified outline of this Part
3
This Part deals with administrative matters relating to the office of
4
the National Skills Commissioner, including the appointment of
5
the Commissioner and the terms and conditions on which the
6
Commissioner holds office.
7
12 Appointment
8
(1) The National Skills Commissioner is to be appointed by the
9
Minister by written instrument, on a full-time basis.
10
Note:
The National Skills Commissioner may be reappointed: see
11
section 33AA of the
Acts Interpretation Act 1901
.
12
(2) The National Skills Commissioner holds office for the period
13
specified in the instrument of appointment. The period must not
14
exceed 5 years.
15
(3) A person may only be appointed as the National Skills
16
Commissioner if the Minister is satisfied that the person has
17
appropriate qualifications, knowledge or experience.
18
13 Acting appointments
19
(1) The Minister may, by written instrument, appoint a person to act as
20
the National Skills Commissioner:
21
(a) during a vacancy in the office of the National Skills
22
Commissioner (whether or not an appointment has previously
23
been made to the office); or
24
(b) during any period when the National Skills Commissioner:
25
(i) is absent from duty or from Australia; or
26
(ii) is, for any reason, unable to perform the duties of the
27
office.
28
Administration
Part 3
Section 14
No. , 2020
National Skills Commissioner Bill 2020
9
Note:
For rules that apply to acting appointments, see sections 33AB and
1
33A of the
Acts Interpretation Act 1901
.
2
(2) A person may only be appointed to act as the National Skills
3
Commissioner if the Minister is satisfied that the person has
4
appropriate qualifications, knowledge or experience.
5
14 Remuneration
6
(1) The Commissioner is to be paid the remuneration that is
7
determined by the Remuneration Tribunal. If no determination of
8
that remuneration by the Tribunal is in operation, the
9
Commissioner is to be paid the remuneration that is prescribed by
10
the rules.
11
(2) The Commissioner is to be paid the allowances that are prescribed
12
by the rules.
13
(3) This section has effect subject to the
Remuneration Tribunal Act
14
1973
.
15
15 Leave of absence
16
(1) The Commissioner has the recreation leave entitlements that are
17
determined by the Remuneration Tribunal.
18
(2) The Minister may grant the Commissioner leave of absence, other
19
than recreation leave, on the terms and conditions as to
20
remuneration or otherwise that the Minister determines.
21
16 Engaging in other paid work
22
The Commissioner
must not engage in paid work outside the duties
23
of the Commissioner's office without the Minister's approval.
24
17 Other terms and conditions
25
The Commissioner holds office on the terms and conditions (if
26
any) in relation to matters not covered by this Act that are
27
determined by the Minister.
28
Part 3
Administration
Section 18
10
National Skills Commissioner Bill 2020
No. , 2020
18 Resignation
1
(1) The Commissioner may resign the Commissioner's appointment
2
by giving the Minister a written resignation.
3
(2) The resignation takes effect on the day it is received by the
4
Minister or, if a later day is specified in the resignation, on that
5
later day.
6
19 Termination of appointment
7
(1) The Minister may terminate the appointment of the Commissioner:
8
(a) for misbehaviour; or
9
(b) if the Commissioner is unable to perform the duties of the
10
Commissioner's office because of physical or mental
11
incapacity.
12
(2) The Minister may terminate the appointment of the Commissioner
13
if:
14
(a) the Commissioner:
15
(i) becomes bankrupt; or
16
(ii) applies to take the benefit of any law for the relief of
17
bankrupt or insolvent debtors; or
18
(iii) compounds with the Commissioner's creditors; or
19
(iv) makes an assignment of the Commissioner's
20
remuneration for the benefit of the Commissioner's
21
creditors; or
22
(b) the Commissioner is absent, except on leave of absence, for
23
14 consecutive days or for 28 days in any 12 months; or
24
(c) the Commissioner engages, except with the Minister's
25
approval, in paid work outside the duties of the
26
Commissioner's office (see section 16); or
27
(d) the Commissioner fails, without reasonable excuse, to
28
comply with section 29 of the
Public Governance,
29
Performance and Accountability Act 2013
(which deals with
30
the duty to disclose interests) or rules made for the purposes
31
of that section.
32
Administration
Part 3
Section 20
No. , 2020
National Skills Commissioner Bill 2020
11
20 Application of the finance law etc.
1
(1) For the purposes of the finance law (within the meaning of the
2
Public Governance, Performance and Accountability Act 2013
),
3
the Commissioner is taken to be an official of the Department.
4
(2) The Secretary, when preparing the Department's annual report
5
under section 46 of the
Public Governance, Performance and
6
Accountability Act 2013
for a period, must include information in
7
that report about the performance of the Commissioner's functions,
8
and the exercise of the Commissioner's powers, during the period.
9
21 Arrangements relating to staff of the Department
10
(1) The staff assisting the Commissioner are to be APS employees in
11
the Department whose services are made available to the
12
Commissioner, by the Secretary, in connection with the
13
performance of any of the Commissioner's functions.
14
(2) When performing services for the Commissioner, the persons are
15
subject to the directions of the Commissioner.
16
22 Other persons assisting the Commissioner
17
(1) The Commissioner may also be assisted by employees of Agencies
18
(within the meaning of the
Public Service Act 1999
) whose
19
services are made available to the Commissioner in connection
20
with the performance of any of the Commissioner's functions.
21
(2) When performing services for the Commissioner, the employees
22
are subject to the directions of the Commissioner.
23
23 Consultants
24
(1) The Commissioner may, on behalf of the Commonwealth, engage
25
consultants to assist in the performance of the Commissioner's
26
functions.
27
(2) The consultants are to be engaged on the terms and conditions that
28
the Commissioner determines in writing.
29
Part 4
Miscellaneous
Section 24
12
National Skills Commissioner Bill 2020
No. , 2020
Part 4--Miscellaneous
1
2
24 Simplified outline of this Part
3
This Part contains miscellaneous provisions, such as delegations
4
and the general rule-making power.
5
25 Delegation
6
(1) The Minister may, in writing, delegate the Minister's powers under
7
subsection 13(1) or 15(2), to:
8
(a) the Secretary of the Department; or
9
(b) an SES, or an acting SES employee, in the Department.
10
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
11
provisions relating to delegations.
12
(2) The Commissioner may, in writing, delegate all or any of the
13
Commissioner functions or powers under this Act to a person who:
14
(a) is:
15
(i) a member of the staff assisting the Commissioner as
16
mentioned in subsection 21(1); or
17
(ii) a person whose services are made available to the
18
Commissioner as mentioned in subsection 22(1); and
19
(b) holds or is acting in an Executive Level 2 position, or an
20
equivalent or higher position.
21
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
22
provisions relating to delegations.
23
(3) In performing a delegated function or exercising a delegated
24
power, the delegate must comply with any written directions of the
25
Minister or Commissioner, as the case requires.
26
26 Rules
27
(1) The Minister may, by legislative instrument, make rules
28
prescribing matters:
29
Miscellaneous
Part 4
Section 26
No. , 2020
National Skills Commissioner Bill 2020
13
(a) required or permitted by this Act to be prescribed by the
1
rules; or
2
(b) necessary or convenient to be prescribed for carrying out or
3
giving effect to this Act.
4
(2) To avoid doubt, the rules may not do the following:
5
(a) create an offence or civil penalty;
6
(b) provide powers of:
7
(i) arrest or detention; or
8
(ii) entry, search or seizure;
9
(c) impose a tax;
10
(d) set an amount to be appropriated from the Consolidated
11
Revenue Fund under an appropriation in this Act;
12
(e) directly amend the text of this Act.
13