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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
National Vocational Education and
Training Regulator Amendment Bill
2019
No. , 2019
(Employment, Skills, Small and Family Business)
A Bill for an Act to amend the
National Vocational
Education and Training Regulator Act 2011
, and for
related purposes
No. , 2019
National Vocational Education and Training Regulator Amendment
Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Main amendments
3
National Vocational Education and Training Regulator Act 2011
3
Schedule 2--Amendments commencing day after Royal Assent
23
National Vocational Education and Training Regulator Act 2011
23
Schedule 3--Transitional and application provisions
26
National Vocational Education and Training Regulator (Transitional
Provisions) Act 2011
26
No. , 2019
National Vocational Education and Training Regulator Amendment
Bill 2019
1
A Bill for an Act to amend the
National Vocational
1
Education and Training Regulator Act 2011
, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
National Vocational Education and Training
6
Regulator Amendment Act 2019
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
National Vocational Education and Training Regulator Amendment
Bill 2019
No. , 2019
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
1 July 2020.
1 July 2020
3. Schedules 2
and 3
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Main amendments
Schedule 1
No. , 2019
National Vocational Education and Training Regulator Amendment
Bill 2019
3
Schedule 1--Main amendments
1
2
National Vocational Education and Training Regulator Act
3
2011
4
1 Section 3
5
Insert:
6
audit report rules
has the meaning given by section 231B.
7
information technology requirements
includes software
8
requirements.
9
National Centre for Vocational Education Research
means
10
National Centre for Vocational Education Research Ltd (ACN
11
007 967 311) or any successor of that body.
12
tuition assurance scheme operator
means a person or body who
13
operates a scheme approved by the National VET Regulator for the
14
purposes of requirements that:
15
(a) are set out in the Standards for NVR Registered Training
16
Organisations; and
17
(b) relate to the protection of fees for courses that an NVR
18
registered training organisation is unable to provide.
19
2 Section 3 (paragraphs (b) and (c) of the definition of
VET
20
course
)
21
Before "modules", insert "units of competency or".
22
3 After section 17
23
Insert:
24
17A Requirements for audits conducted in relation to applications
25
for registration
26
(1) The National VET Regulator must prepare a report of an audit
27
conducted under subsection 17(3) in relation to an application for
28
registration.
29
Schedule 1
Main amendments
4
National Vocational Education and Training Regulator Amendment
Bill 2019
No. , 2019
(2) The report must:
1
(a) be in a form (if any) approved by the Minister; and
2
(b) comply with the requirements (if any) prescribed by the audit
3
report rules for the purposes of this paragraph.
4
(3) The report must not include personal information, unless the
5
personal information is the name of:
6
(a) the applicant; or
7
(b) an NVR registered training organisation.
8
(4) The National VET Regulator must comply with the requirements
9
(if any) prescribed by the audit report rules relating to the
10
publication of the report.
11
4 Subparagraph 20(1)(a)(i)
12
Repeal the subparagraph, substitute:
13
(i) if it is a renewal of registration--in accordance with
14
paragraph 31(3B)(b); or
15
5 Paragraph 20(1)(b)
16
Omit "subsection (2)", substitute "subsections (2) and 31(3) and
17
paragraph 36(2)(c)".
18
6 Subsection 20(1) (note)
19
Repeal the note, substitute:
20
Note:
Subsection 31(3) provides for a registration to continue in force if a
21
decision is not made on a renewal application until after the
22
registration would otherwise expire. Paragraph 36(2)(c) allows the
23
National VET Regulator to shorten the period of a registration, as a
24
sanction.
25
7 After section 22
26
Insert:
27
22A Condition--commitment and capability to deliver quality
28
vocational education and training
29
An NVR registered training organisation must demonstrate a
30
commitment, and the capability, to deliver quality vocational
31
education and training.
32
Main amendments
Schedule 1
No. , 2019
National Vocational Education and Training Regulator Amendment
Bill 2019
5
8 Paragraph 25(1)(a)
1
After "event occurs", insert ", or is likely to occur,".
2
9 Paragraph 25(1)(c)
3
After "there are", insert ", or are likely to be,".
4
10 Section 26 (heading)
5
After "
information
", insert "
etc.
".
6
11 At the end of subsection 26(1)
7
Add ", so long as the organisation is capable of complying with the
8
request".
9
12 Subsection 26(2)
10
After "A notice", insert "under subsection (1)".
11
13 Subsection 26(2)
12
After "period within which", insert ", and the manner in which,".
13
14 At the end of section 26
14
Add:
15
Production of documents
16
(3) An NVR registered training organisation must produce to the
17
National VET Regulator such documents as the Regulator requests,
18
by notice in writing, for the purposes of this Act, so long as the
19
organisation is capable of complying with the request.
20
(4) A notice under subsection (3) must specify the period within
21
which, and the manner in which, the documents are to be produced.
22
15 After section 26
23
Insert:
24
26A Copies of documents
25
The National VET Regulator may:
26
(a) inspect a document produced under subsection 26(3); and
27
Schedule 1
Main amendments
6
National Vocational Education and Training Regulator Amendment
Bill 2019
No. , 2019
(b) make and retain copies of, or take and retain extracts from,
1
such a document.
2
26B National VET Regulator may retain documents
3
(1) The National VET Regulator may take, and retain for as long as is
4
necessary, possession of a document produced under
5
subsection 26(3).
6
(2) The person otherwise entitled to possession of the document is
7
entitled to be supplied, as soon as practicable, with a copy certified
8
by the National VET Regulator to be a true copy.
9
(3) The certified copy must be received in all courts and tribunals as
10
evidence as if it were the original.
11
(4) Until a certified copy is supplied, the National VET Regulator
12
must, at such times and places as the Regulator thinks appropriate,
13
permit the person otherwise entitled to possession of the document,
14
or a person authorised by that person, to inspect and make copies
15
of, or take extracts from, the document.
16
16 At the end of section 28
17
Add:
18
(3) A general direction under subsection (1) is a legislative instrument.
19
(4) Despite anything in section 44 of the
Legislation Act 2003
,
20
section 42 (disallowance) of that Act applies to a general direction.
21
(5) Despite anything in section 54 of the
Legislation Act 2003
, Part 4
22
of Chapter 3 (sunsetting) of that Act applies to a general direction.
23
17 Subsection 29(2)
24
After "may vary", insert "or remove".
25
18 Section 30
26
Before "The National VET Regulator", insert "(1)".
27
19 At the end of section 30
28
Add:
29
Main amendments
Schedule 1
No. , 2019
National Vocational Education and Training Regulator Amendment
Bill 2019
7
(2) The period for which the condition is imposed:
1
(a) may be a period specified in the notice; or
2
(b) may be a period ascertained in accordance with the notice.
3
(3) The National VET Regulator must, within 30 days of its decision
4
to remove a condition on an NVR registered training organisation's
5
registration, notify the organisation, in writing, of:
6
(a) the decision; and
7
(b) the reasons for the decision.
8
Note:
Details of conditions imposed on an NVR registered training
9
organisation's registration are included on the National Register: see
10
section 216.
11
20 Subsection 31(3)
12
Repeal the subsection, substitute:
13
(3) If an NVR registered training organisation's registration would,
14
apart from this subsection, expire before the organisation's
15
application is decided, then the organisation's registration is taken
16
to continue in force until:
17
(a) if the organisation's application is refused--the refusal takes
18
effect; or
19
(b) if the organisation's registration is renewed in response to the
20
organisation's application--the start of the day after the
21
application is decided.
22
(3A) If an NVR registered training organisation's application for
23
renewal is refused:
24
(a) the National VET Regulator must notify the organisation of
25
the refusal; and
26
(b) the refusal takes effect:
27
(i) at the start of the day after the day on which the notice
28
of refusal is given to the organisation; or
29
(ii) at the start of such later day as is specified in the notice.
30
(3B) If the National VET Regulator decides to renew an NVR registered
31
training organisation's registration in response to the organisation's
32
application:
33
(a) the Regulator must determine the period for which the
34
organisation is registered as a result of the renewal; and
35
Schedule 1
Main amendments
8
National Vocational Education and Training Regulator Amendment
Bill 2019
No. , 2019
(b) the renewed registration commences at the start of the day
1
after:
2
(i) the day on which the organisation's previous
3
registration expires (subject to subparagraph (ii)); or
4
(ii) if the organisation's previous registration was continued
5
in force under subsection (3)--the day on which the
6
previous registration would have expired except for the
7
operation of that subsection.
8
(3C) A period determined under paragraph (3B)(a) must not be more
9
than 7 years.
10
21 Before subsection 35(1)
11
Insert:
12
Compliance audits
13
22 After subsection 35(1)
14
Insert:
15
(1A) The National VET Regulator must prepare a report of a compliance
16
audit.
17
(1B) The report must:
18
(a) be in a form (if any) approved by the Minister; and
19
(b) comply with the requirements (if any) prescribed by the audit
20
report rules for the purposes of this paragraph.
21
(1C) The report must not include personal information, unless the
22
personal information is the name of the NVR registered training
23
organisation to which the report relates.
24
(1D) The National VET Regulator must comply with the requirements
25
(if any) prescribed by the audit report rules relating to the
26
publication of the report.
27
Main amendments
Schedule 1
No. , 2019
National Vocational Education and Training Regulator Amendment
Bill 2019
9
Reviewing or examining an NVR registered training organisation's
1
operations
2
23 Subsection 38(1)
3
After "organisation's scope of registration", insert "for a period
4
specified in, or ascertained in accordance with, the notice".
5
24 At the end of section 39
6
Add:
7
(4) If an NVR registered training organisation's registration is
8
cancelled under subsection (1), the cancellation takes effect:
9
(a) at the start of the day after the day on which the notice of
10
cancellation is given to the organisation; or
11
(b) at the start of such later day as is specified in the notice.
12
25 Subparagraph 46(1)(a)(i)
13
Repeal the subparagraph, substitute:
14
(i) if it is a renewal of the course's accreditation as a VET
15
accredited course--in accordance with
16
paragraph 50(3B)(b); or
17
26 Paragraph 46(1)(b)
18
Omit "subsection (2)", substitute "subsections (2) and 50(3)".
19
27 At the end of subsection 46(1)
20
Add:
21
Note:
Subsection 50(3) provides for the accreditation of a VET accredited
22
course to continue in force if a decision is not made on a renewal
23
application until after the accreditation would otherwise expire.
24
28 Section 47
25
Repeal the section, substitute:
26
47 Complying with conditions
27
A person in respect of whom a VET accredited course is accredited
28
must:
29
Schedule 1
Main amendments
10
National Vocational Education and Training Regulator Amendment
Bill 2019
No. , 2019
(a) comply with the conditions set out in sections 47A, 47B and
1
47C; and
2
(b) comply with any conditions imposed on the accreditation of
3
the VET accredited course under subsection 48(1).
4
Note:
Failure to comply with a condition is a contravention of a civil penalty
5
provision: see section 130.
6
47A Condition--compliance with Standards for VET Accredited
7
Courses
8
A person in respect of whom a VET accredited course is accredited
9
must ensure that the course meets the Standards for VET
10
Accredited Courses.
11
47B Condition--compliance with Australian Qualifications
12
Framework
13
A person in respect of whom a VET accredited course is accredited
14
must ensure that the course meets the Australian Qualifications
15
Framework.
16
47C Condition--compliance with directions given by the National
17
VET Regulator
18
(1) A person in respect of whom a VET accredited course is accredited
19
must comply with:
20
(a) any general directions given by the National VET Regulator,
21
in writing, to persons on the way in which VET accredited
22
courses are to meet the Standards for VET Accredited
23
Courses; and
24
(b) any general directions given by the National VET Regulator,
25
in writing, to persons on the way in which VET accredited
26
courses are to meet the Australian Qualifications Framework.
27
(2) The National VET Regulator must publish a general direction on
28
its website.
29
(3) A general direction under subsection (1) is a legislative instrument.
30
(4) Despite anything in section 44 of the
Legislation Act 2003
,
31
section 42 (disallowance) of that Act applies to a general direction.
32
Main amendments
Schedule 1
No. , 2019
National Vocational Education and Training Regulator Amendment
Bill 2019
11
(5) Despite anything in section 54 of the
Legislation Act 2003
, Part 4
1
of Chapter 3 (sunsetting) of that Act applies to a general direction.
2
29 Subsection 48(2)
3
After "may vary", insert "or remove".
4
30 Section 49
5
Before "The National VET Regulator", insert "(1)".
6
31 At the end of section 49
7
Add:
8
(2) The period for which the condition is imposed:
9
(a) may be a period specified in the notice; or
10
(b) may be a period ascertained in accordance with the notice.
11
(3) The National VET Regulator must, within 30 days of its decision
12
to remove a condition on the accreditation of a VET accredited
13
course, notify the person in respect of whom the course is
14
accredited, in writing, of:
15
(a) the decision; and
16
(b) the reasons for the decision.
17
Note:
Details of conditions imposed on the accreditation of a VET
18
accredited course are included on the National Register: see
19
section 216.
20
32 Subsection 50(3)
21
Repeal the subsection, substitute:
22
(3) If the accreditation of a VET accredited course would, apart from
23
this subsection, expire before the person's application is decided,
24
then the course's accreditation is taken to continue in force until:
25
(a) if the person's application is refused--the refusal takes
26
effect; or
27
(b) if the accreditation of the VET accredited course is renewed
28
in response to the person's application--the start of the day
29
after the application is decided.
30
Schedule 1
Main amendments
12
National Vocational Education and Training Regulator Amendment
Bill 2019
No. , 2019
(3A) If an application for renewal of the accreditation of a VET
1
accredited course by the person in respect of whom the course is
2
accredited is refused:
3
(a) the National VET Regulator must notify the person of the
4
refusal; and
5
(b) the refusal takes effect:
6
(i) at the start of the day after the day on which the notice
7
of refusal is given to the person; or
8
(ii) at the start of such later day as is specified in the notice.
9
(3B) If the National VET Regulator decides to renew the accreditation
10
of a VET accredited course in response to an application by the
11
person in respect of whom the course is accredited:
12
(a) the Regulator must determine the period for which the course
13
is accredited as a result of the renewal; and
14
(b) the renewed accreditation commences at the start of the day
15
after:
16
(i) the day on which the course's previous accreditation
17
expires (subject to subparagraph (ii)); or
18
(ii) if the course's previous accreditation was continued in
19
force under subsection (3)--the day on which the
20
course's previous accreditation would have expired
21
except for the operation of that subsection.
22
(3C) A period determined under paragraph (3B)(a) must not be more
23
than 5 years.
24
33 Subsection 56(2)
25
Omit "However, the National VET Regulator may only", substitute
26
"The National VET Regulator may".
27
34 After subsection 56(3)
28
Insert:
29
(3A) If the National VET Regulator believes on reasonable grounds that,
30
if the Regulator were to give a direction under subsection (2) to an
31
NVR registered training organisation in connection with a VET
32
qualification or VET statement of attainment, the organisation
33
would not comply with the direction, the Regulator may take
34
Main amendments
Schedule 1
No. , 2019
National Vocational Education and Training Regulator Amendment
Bill 2019
13
action under subsection (1) in relation to the organisation in
1
connection with the qualification or statement.
2
35 At the end of section 56
3
Add:
4
(5) The National VET Regulator must not take action under
5
subsection (1) unless the action is covered by subsection (2), (3A)
6
or (4).
7
36 At the end of Subdivision B of Division 2 of Part 4
8
Add:
9
61A Civil penalty--failure to comply with direction under
10
subsection 56(2)
11
An NVR registered training organisation contravenes this section
12
if:
13
(a) the organisation is given a direction under subsection 56(2);
14
and
15
(b) the organisation fails to comply with the direction within the
16
period specified in the direction.
17
Civil penalty:
100 penalty units.
18
37 After subsection 116(1)
19
Insert:
20
(1A) Subsection (1) does not apply to the provision by a person of all or
21
part of a VET course if the person does so on behalf of an NVR
22
registered training organisation in accordance with a written
23
agreement between the person and the NVR registered training
24
organisation.
25
Note:
A defendant bears an evidential burden in relation to the matter in this
26
subsection: see subsection 13.3(3) of the
Criminal Code
.
27
38 At the end of section 116
28
Add:
29
Schedule 1
Main amendments
14
National Vocational Education and Training Regulator Amendment
Bill 2019
No. , 2019
(3) Subsection (2) does not apply to the provision by a person of all or
1
part of a VET course if the person does so on behalf of an NVR
2
registered training organisation in accordance with a written
3
agreement between the person and the NVR registered training
4
organisation.
5
Note:
A defendant bears an evidential burden in relation to the matter in this
6
subsection: see subsection 13.3(3) of the
Criminal Code
.
7
39 After subsection 117(1)
8
Insert:
9
(1A) Subsection (1) does not apply to the provision by a person of all or
10
part of a VET course if the person does so on behalf of an NVR
11
registered training organisation in accordance with a written
12
agreement between the person and the NVR registered training
13
organisation.
14
Note:
A defendant bears an evidential burden in relation to the matter in this
15
subsection: see section 96 of the
Regulatory Powers (Standard
16
Provisions) Act 2014
.
17
40 At the end of section 117
18
Add:
19
(3) Subsection (2) does not apply to the provision by a person of all or
20
part of a VET course if the person does so on behalf of an NVR
21
registered training organisation in accordance with a written
22
agreement between the person and the NVR registered training
23
organisation.
24
Note:
A defendant bears an evidential burden in relation to the matter in this
25
subsection: see section 96 of the
Regulatory Powers (Standard
26
Provisions) Act 2014
.
27
41 After subsection 146(1)
28
Insert:
29
(1A) The National VET Regulator may accept a written undertaking
30
given by a person in connection with a matter relating to this Act.
31
Main amendments
Schedule 1
No. , 2019
National Vocational Education and Training Regulator Amendment
Bill 2019
15
42 Subsections 146(2) and (3)
1
Omit "The", substitute "If a person has given an undertaking under
2
subsection (1) or (1A), the".
3
43 Subsection 146(4)
4
Omit "the undertaking", substitute "an undertaking given under
5
subsection (1) or (1A)".
6
44 After subsection 155(1)
7
Insert:
8
(1A) The National VET Regulator may also be known as the Australian
9
Skills Quality Authority.
10
45 Subparagraph 157(1)(q)(ii)
11
Omit "or any other law of the Commonwealth;", substitute "; or".
12
46 At the end of paragraph 157(1)(q)
13
Add:
14
(iii) the
Higher Education Support Act 2003
; or
15
(iv) the
VET Student Loans Act 2016
; or
16
(v) any other law of the Commonwealth;
17
47 Subsection 158(2)
18
Repeal the subsection, substitute:
19
(2) For the purposes of this Act,
Financial Viability Risk Assessment
20
Requirements
means requirements under subsection (1).
21
48 At the end of section 158
22
Add:
23
(4) Despite anything in section 44 of the
Legislation Act 2003
,
24
section 42 (disallowance) of that Act applies to Financial Viability
25
Risk Assessment Requirements.
26
(5) Despite anything in section 54 of the
Legislation Act 2003
, Part 4
27
of Chapter 3 (sunsetting) of that Act applies to Financial Viability
28
Risk Assessment Requirements.
29
Schedule 1
Main amendments
16
National Vocational Education and Training Regulator Amendment
Bill 2019
No. , 2019
49 Subsection 160(1)
1
Omit all the words from and including "a direction" to and including
2
"VET sector", substitute "directions to the National VET Regulator in
3
relation to the performance of its functions and the exercise of its
4
powers".
5
50 Subsection 185(2)
6
Repeal the subsection, substitute:
7
(2) For the purposes of this Act,
Standards for NVR Registered
8
Training Organisations
means standards under subsection (1).
9
51 Subsection 186(2)
10
Repeal the subsection, substitute:
11
(2) For the purposes of this Act,
Fit and Proper Person Requirements
12
means requirements under subsection (1).
13
52 Subsection 187(2)
14
Repeal the subsection, substitute:
15
(2) For the purposes of this Act,
Data Provision Requirements
means
16
requirements under subsection (1).
17
53 Subsection 188(2)
18
Repeal the subsection, substitute:
19
(2) For the purposes of this Act,
Standards for VET Accredited
20
Courses
means standards under subsection (1).
21
54 Subsection 189(2)
22
Repeal the subsection, substitute:
23
(2) For the purposes of this Act,
Standards for VET Regulators
means
24
standards under subsection (1).
25
55 Subsection 190(2)
26
Repeal the subsection, substitute:
27
Main amendments
Schedule 1
No. , 2019
National Vocational Education and Training Regulator Amendment
Bill 2019
17
(2) For the purposes of this Act,
Risk Assessment Framework
means
1
guidelines under subsection (1).
2
56 Section 199 (table item 5)
3
After "to vary", insert "or remove".
4
57 Section 199 (table item 19)
5
After "to vary", insert "or remove".
6
58 Section 199 (table item 26)
7
Omit "Section 216", substitute "Subsection 216(4)".
8
59 At the end of section 200
9
Add:
10
(6) After receiving such an application, the National VET Regulator
11
may, by written notice given to the applicant, determine that the
12
operation of the decision is stayed pending the outcome of the
13
reconsideration.
14
(7) A determination in force under subsection (6) is subject to such
15
conditions (if any) as are specified in the determination.
16
60 Before subsection 203(1)
17
Insert:
18
Review of delegate's decision following reconsideration
19
61 Before subsection 203(2)
20
Insert:
21
Review of decision not made by delegate
22
62 Subsection 203(2)
23
Omit "made by a person other than a member of the staff of the
24
Regulator", substitute "not made by a delegate of the National VET
25
Regulator".
26
Schedule 1
Main amendments
18
National Vocational Education and Training Regulator Amendment
Bill 2019
No. , 2019
63 Paragraph 205(1)(f)
1
Omit "(or any successor of that body)".
2
64 At the end of subsection 205(1)
3
Add:
4
; or (g) a tuition assurance scheme operator.
5
65 After subsection 205(1)
6
Insert:
7
(1A) Without limiting subsection (1), the National VET Regulator may
8
disclose information to a person or body under that subsection by
9
giving the person or body electronic access to the information.
10
66 Subsection 205(2)
11
Omit "(other than to a person or body mentioned in paragraph (1)(a),
12
(b), (c) or (e))", substitute "to a person mentioned in paragraph (1)(d)".
13
67 After subsection 205A(1)
14
Insert:
15
(1A) Without limiting subsection (1), the National VET Regulator may
16
disclose VET information to a Commonwealth authority, a State or
17
Territory authority or a Royal Commission under that subsection
18
by giving the authority or Commission electronic access to the
19
information.
20
68 Section 209 (at the end of the heading)
21
Add "
by the National VET Regulator
".
22
69 Subsection 209(2)
23
Omit "or (d)", substitute ", (d) or (f)".
24
70 After section 209
25
Insert:
26
Main amendments
Schedule 1
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National Vocational Education and Training Regulator Amendment
Bill 2019
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209A Release of information to the public by the Department
1
(1) The Secretary may (subject to subsection (3)) release to the public
2
information about:
3
(a) vocational education and training provided by a registered
4
training organisation; and
5
(b) the outcomes and experiences, for students and employers, of
6
vocational education and training undertaken with a
7
registered training organisation.
8
(2) The Secretary may provide for the release of information under
9
subsection (1) by authorising the National Centre for Vocational
10
Education Research to release the information.
11
(3) This section does not authorise the release of personal information,
12
unless the personal information is the name of a registered training
13
organisation.
14
71 Subsection 211(2)
15
Omit "A person must provide a copy of VET student records",
16
substitute "The person mentioned in subsection (1) must provide a copy
17
of the VET student records".
18
72 After subsection 211(2)
19
Insert:
20
(2A) If an instrument is in force under subsection (2B), the person
21
mentioned in subsection (1) must provide a copy of the VET
22
student records to the National VET Regulator in electronic form
23
in accordance with the information technology requirements
24
specified in the instrument.
25
Information technology requirements
26
(2B) The National VET Regulator may, by legislative instrument,
27
specify information technology requirements for the purposes of
28
subsection (2A).
29
(2C) The National VET Regulator may waive compliance with
30
subsection (2A) in a particular case.
31
Schedule 1
Main amendments
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National Vocational Education and Training Regulator Amendment
Bill 2019
No. , 2019
(2D) Despite anything in section 44 of the
Legislation Act 2003
,
1
section 42 (disallowance) of that Act applies to a legislative
2
instrument made under subsection (2B).
3
(2E) Despite anything in section 54 of the
Legislation Act 2003
, Part 4
4
of Chapter 3 (sunsetting) of that Act applies to a legislative
5
instrument made under subsection (2B).
6
Offence and civil penalty
7
73 Subsections 211(3) and (4)
8
After "subsection (2)", insert "or (2A)".
9
74 At the end of section 212
10
Add:
11
(3) If an instrument is in force under subsection (4), the notice may
12
specify that the copy of the records is to be provided in electronic
13
form in accordance with the information technology requirements
14
specified in the instrument.
15
(4) The National VET Regulator may, by legislative instrument,
16
specify information technology requirements for the purposes of
17
subsection (3).
18
(5) Despite anything in section 44 of the
Legislation Act 2003
,
19
section 42 (disallowance) of that Act applies to a legislative
20
instrument made under subsection (4).
21
(6) Despite anything in section 54 of the
Legislation Act 2003
, Part 4
22
of Chapter 3 (sunsetting) of that Act applies to a legislative
23
instrument made under subsection (4).
24
75 Subparagraph 216(1)(a)(i)
25
Repeal the subparagraph, substitute:
26
(i) the organisation's name and business name;
27
(ia) the physical address and postal address of the
28
organisation's head office;
29
(ib) the physical address of the organisation's principal
30
place of business;
31
Main amendments
Schedule 1
No. , 2019
National Vocational Education and Training Regulator Amendment
Bill 2019
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(ic) the physical address of the sites or campuses from
1
which the organisation delivers VET courses on a
2
permanent basis;
3
76 Subparagraph 216(1)(a)(v)
4
Omit "subsection 29(1)", substitute "subsection 29(1), including, if the
5
condition was imposed only for a particular period, that period".
6
77 After paragraph 216(1)(a)
7
Insert:
8
(aa) if an NVR registered training organisation has made an
9
application to renew the organisation's registration--a
10
statement to that effect;
11
(ab) if the National VET Regulator has refused to renew an NVR
12
registered training organisation's registration--the following:
13
(i) a statement to that effect;
14
(ii) the date of effect of the refusal to renew the
15
organisation's registration;
16
78 After paragraph 216(1)(d)
17
Insert:
18
(da) if the person in respect of whom a VET accredited course is
19
accredited has made an application to renew the course's
20
accreditation--a statement to that effect;
21
(db) if the National VET Regulator has refused to renew the
22
accreditation of a VET accredited course--the following:
23
(i) a statement to that effect;
24
(ii) the date of effect of the refusal to renew the course's
25
accreditation;
26
79 Subsection 216(2) (example)
27
Repeal the example.
28
80 After subsection 216(3)
29
Insert:
30
Schedule 1
Main amendments
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National Vocational Education and Training Regulator Amendment
Bill 2019
No. , 2019
(3A) If information is or was released to the public under section 209,
1
the National VET Regulator may ensure that information is entered
2
on the National Register.
3
81 Subsection 216(4)
4
Omit "Subsection (3) does", substitute "Subsections (3) and (3A) do".
5
82 At the end of section 216
6
Add:
7
(6) The National VET Regulator must ensure that the National
8
Register is kept up-to-date.
9
83 Subsection 231A(2)
10
Repeal the subsection, substitute:
11
(2) For the purposes of this Act,
Quality Standards
means standards
12
under subsection (1).
13
84 After Division 3A of Part 12
14
Insert:
15
Division 3B--Audit report rules
16
231B Audit report rules
17
The Minister may, by legislative instrument, make rules (
audit
18
report rules
) prescribing matters required or permitted by this Act
19
to be prescribed by the audit report rules.
20
85 After subsection 232(1)
21
Insert:
22
(1A) To avoid doubt, it is immaterial, and is taken always to have been
23
immaterial, whether the functions mentioned in subsection (1) are
24
conferred by or under:
25
(a) this Act; or
26
(b) any other law of the Commonwealth.
27
Amendments commencing day after Royal Assent
Schedule 2
No. , 2019
National Vocational Education and Training Regulator Amendment
Bill 2019
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Schedule 2--Amendments commencing day
1
after Royal Assent
2
3
National Vocational Education and Training Regulator Act
4
2011
5
1 Section 171
6
Omit "If a Deputy Chief Commissioner is appointed, the", substitute
7
"The".
8
2 Subsection 172(1)
9
Omit "If a Deputy Chief Commissioner is appointed, the
10
Governor-General may, by written instrument, appoint a person",
11
substitute "The Minister may, by written instrument, appoint a
12
Commissioner".
13
3 Paragraph 172(1)(a)
14
After "Commissioner", insert "(whether or not an appointment has
15
previously been made to the office)".
16
4 Subsection 172(2)
17
Omit "The Governor-General", substitute "The Minister".
18
5 Paragraphs 215(1)(a) and (b)
19
Omit "annual operational plan", substitute "corporate plan".
20
6 At the end of paragraph 216(1)(b)
21
Add:
22
(iv) if any requirements have been made of the organisation
23
under subsection 38(2)--details of those requirements;
24
7 After paragraph 216(1)(c)
25
Insert:
26
(ca) if the National VET Regulator has imposed on an NVR
27
registered training organisation a sanction under
28
subsection 36(2) (other than a suspension referred to in
29
Schedule 2
Amendments commencing day after Royal Assent
24
National Vocational Education and Training Regulator Amendment
Bill 2019
No. , 2019
paragraph (b), or a cancellation referred to in paragraph (c),
1
of this subsection)--the following:
2
(i) details of the sanction imposed;
3
(ii) if the sanction was imposed only for a particular
4
period--that period;
5
8 After subsection 216(1)
6
Insert:
7
(1A) If an organisation ceases to be an NVR registered training
8
organisation, the National VET Regulator must ensure that any
9
details required to be included on the National Register in respect
10
of a matter that occurs in respect of the organisation before that
11
cessation are, or continue to be, included on the National Register
12
after that cessation.
13
9 Part 11 (heading)
14
Omit "
and annual operational
".
15
10 Division 1 of Part 11 (heading)
16
Repeal the heading.
17
11 Paragraph 218(1)(a)
18
Omit "31 January", substitute "31 May".
19
12 Paragraph 218(1)(b)
20
Omit "31 March", substitute "30 June".
21
13 Subsection 219(1) (note)
22
Repeal the note.
23
14 Division 2 of Part 11
24
Repeal the Division.
25
15 Division 3 of Part 11 (heading)
26
Repeal the heading.
27
Amendments commencing day after Royal Assent
Schedule 2
No. , 2019
National Vocational Education and Training Regulator Amendment
Bill 2019
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16 Section 222
1
Omit "and annual operational plan".
2
17 Section 223
3
Omit "91 or 160", substitute "91, 160 or 172".
4
Schedule 3
Transitional and application provisions
26
National Vocational Education and Training Regulator Amendment
Bill 2019
No. , 2019
Schedule 3--Transitional and application
1
provisions
2
3
National Vocational Education and Training Regulator
4
(Transitional Provisions) Act 2011
5
1 At the end of the Act
6
Add:
7
Schedule 4--Transitional provisions relating
8
to the National Vocational Education
9
and Training Regulator Amendment
10
Act 2019
11
12
1 Definitions
13
In this Schedule:
14
Amending Act
means the
National Vocational Education and Training
15
Regulator Amendment Act 2019
.
16
early commencement time
means the start of the day on which
17
Schedule 2 to the Amending Act commences.
18
main commencement time
means the start of the day on which
19
Schedule 1 to the Amending Act commences.
20
Principal Act
means the
National Vocational Education and Training
21
Regulator Act 2011
.
22
2 Interpretation
23
An expression used in this Schedule that is also used in the Principal
24
Act has the same meaning in this Schedule as it has in the Principal Act.
25
3 Application
--audits of applications for registration
26
Section 17A of the Principal Act (as inserted by Schedule 1 to the
27
Amending Act) applies to an audit that starts to be conducted at or after
28
the main commencement time.
29
Transitional and application provisions
Schedule 3
No. , 2019
National Vocational Education and Training Regulator Amendment
Bill 2019
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4 Application
--notifying the National VET Regulator of
1
material changes
2
The amendments of section 25 of the Principal Act made by Schedule 1
3
to the Amending Act apply to a matter that an NVR registered training
4
organisation becomes aware of at or after the main commencement
5
time.
6
5 Application
--provision of information
7
The amendments of subsections 26(1) and (2) of the Principal Act made
8
by Schedule 1 to the Amending Act apply to a notice given under
9
subsection 26(1) of the Principal Act at or after the main
10
commencement time.
11
6 Application
--renewal of registration
12
The amendments of subsection 20(1) and section 31 of the Principal Act
13
made by Schedule 1 to the Amending Act apply in relation to a decision
14
on an application for renewal if the application is made at or after the
15
main commencement time.
16
7 Application
--compliance audits
17
Subsections 35(1A), (1B), (1C) and (1D) of the Principal Act (as
18
inserted by Schedule 1 to the Amending Act) apply to a compliance
19
audit that starts to be conducted at or after the main commencement
20
time.
21
8 Application
--suspension of registration
22
The amendment of section 38 of the Principal Act made by Schedule 1
23
to the Amending Act applies to a notice given under subsection 38(1) of
24
the Principal Act at or after the main commencement time.
25
9 Application
--cancellation of registration
26
Subsection 39(4) of the Principal Act (as added by Schedule 1 to the
27
Amending Act) applies to a notice given under subsection 39(1) of the
28
Principal Act at or after the main commencement time.
29
Schedule 3
Transitional and application provisions
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National Vocational Education and Training Regulator Amendment
Bill 2019
No. , 2019
10 Application
--renewal of accreditation
1
The amendments of subsection 46(1) and section 50 of the Principal Act
2
made by Schedule 1 to the Amending Act apply in relation to a decision
3
on an application for renewal if the application is made at or after the
4
main commencement time.
5
11 Application
--provision of VET course on behalf of NVR
6
registered training organisation
7
The amendments of sections 116 and 117 of the Principal Act made by
8
Schedule 1 to the Amending Act apply to the provision of a VET course
9
before, at or after the main commencement time.
10
12 Application
--applications for reconsideration of decisions
11
Subsections 200(6) and (7) of the Principal Act (as added by Schedule 1
12
to the Amending Act) apply to:
13
(a) an application made under subsection 200(2) of the Principal
14
Act before the main commencement time, if a decision on the
15
application has not been made under section 201 of the
16
Principal Act before the main commencement time; and
17
(b) an application made under subsection 200(2) of the Principal
18
Act at or after the main commencement time.
19
13 Application
--review by the Administrative Appeals
20
Tribunal
21
The amendment of subsection 203(2) of the Principal Act made by
22
Schedule 1 to the Amending Act applies to an application made under
23
that subsection at or after the main commencement time.
24
14 Application
--VET student records required to be provided
25
to the National VET Regulator
26
The amendments of section 211 of the Principal Act made by
27
Schedule 1 to the Amending Act apply in relation to a requirement to
28
provide a copy of VET student records if the requirement is attributable
29
to:
30
(a) the cancellation of an organisation's registration that takes
31
effect at or after the main commencement time; or
32
(b) the effective cessation of the operations of an organisation
33
that occurs at or after the main commencement time.
34
Transitional and application provisions
Schedule 3
No. , 2019
National Vocational Education and Training Regulator Amendment
Bill 2019
29
15 Application
--VET student records requested to be
1
provided to the National VET Regulator
2
The amendment of section 212 of the Principal Act made by Schedule 1
3
to the Amending Act applies to a request made at or after the main
4
commencement time.
5
16 Application
--inclusion of information on the National
6
Register
7
Amendments commencing at early commencement time
8
(1)
The amendment of paragraph 216(1)(b) of the Principal Act made by
9
Schedule 2 to the Amending Act applies to requirements made under
10
subsection 38(2) of the Principal Act before, at or after the early
11
commencement time.
12
(2)
Paragraph 216(1)(ca) of the Principal Act (as inserted by Schedule 2 to
13
the Amending Act) applies to a sanction imposed before, at or after the
14
early commencement time.
15
(3)
Subsection 216(1A) of the Principal Act (as inserted by Schedule 2 to
16
the Amending Act) applies to a cessation that occurs before, at or after
17
the early commencement time.
18
Amendments commencing at main commencement time
19
(4)
The amendments of paragraph 216(1)(a) of the Principal Act made by
20
Schedule 1 to the Amending Act apply to an NVR registered training
21
organisation that is registered before, at or after the main
22
commencement time.
23
(5)
Paragraph 216(1)(aa) of the Principal Act (as inserted by Schedule 1 to
24
the Amending Act) applies to an application made before, at or after the
25
main commencement time.
26
(6)
Paragraph 216(1)(ab) of the Principal Act (as inserted by Schedule 1 to
27
the Amending Act) applies to a refusal that occurs before, at or after the
28
main commencement time.
29
(7)
Paragraph 216(1)(da) of the Principal Act (as inserted by Schedule 1 to
30
the Amending Act) applies to an application made before, at or after the
31
main commencement time.
32
Schedule 3
Transitional and application provisions
30
National Vocational Education and Training Regulator Amendment
Bill 2019
No. , 2019
(8)
Paragraph 216(1)(db) of the Principal Act (as inserted by Schedule 1 to
1
the Amending Act) applies to a refusal that occurs before, at or after the
2
main commencement time.
3
17 Application
--entry of public information on the National
4
Register
5
Subsection 216(3A) of the Principal Act (as inserted by Schedule 1 to
6
the Amending Act) applies to information released to the public before,
7
at or after the main commencement time.
8
18 Application
--approval of corporate plan
9
The amendments of section 218 of the Principal Act made by
10
Schedule 1 to the Amending Act apply to a corporate plan for a period
11
that begins after the early commencement time.
12