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This is a Bill, not an Act. For current law, see the Acts databases.

NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR (TRANSITIONAL PROVISIONS) BILL 2010 [2011]

2010
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
National Vocational Education and
Training Regulator (Transitional
Provisions) Bill 2010
No. , 2010
(Education, Employment and Workplace Relations)
A Bill for an Act to deal with transitional matters
arising from the enactment of the National
Vocational Education and Training Regulator Act
2010, and for related purposes
i National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Transitional provisions
3
Part 1--Preliminary
3
Part 2--Continuation of existing registrations etc.
5
Division 1--Continuation of existing registrations etc.
5
Division 2--Applications for registration or renewal of registration
9
Division 3--Applications for change of scope of registration
14
Division 4--Applications for withdrawal of registration
16
Part 3--Continuation of existing course accreditations etc.
19
Division 1--Continuation of existing accreditations etc.
19
Division 2--Applications for accreditation, or renewal of
accreditation, of a course
20
Part 4--References to, and things done by, or in relation to, a
VET Regulator
24
Part 5--Review of decisions
27
Part 6--Treatment of staff employed by VET Regulators etc.
29
Part 7--Legal proceedings
31
Part 8--Miscellaneous
32
National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010 1
A Bill for an Act to deal with transitional matters
1
arising from the enactment of the National
2
Vocational Education and Training Regulator Act
3
2010, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the National Vocational Education and
7
Training Regulator (Transitional Provisions) Act 2010.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2 National Vocational Education and Training Regulator (Transitional Provisions) Bill
2010 No. , 2010
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
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
Immediately after the commencement of
section 3 of the National Vocational
Education and Training Regulator Act 2010.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
15
Transitional provisions Schedule 1
Preliminary Part 1
National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010 3
Schedule 1--Transitional provisions
1
Part 1--Preliminary
2
1 Interpretation
3
(1)
In this Schedule:
4
commencement means the day this item commences.
5
new law means the National Vocational Education and Training
6
Regulator Act 2010.
7
record, in relation to a registered training organisation registered by a
8
State VET Regulator, means a document, or an object, in any form
9
(including any electronic form) that is, or has been, kept by the
10
Regulator because of:
11
(a) any information or matter that it contains or that can be
12
obtained from it; or
13
(b) its connection with any event, person, circumstance or thing.
14
relevant commencement day means:
15
(a) for a referring State covered by paragraph 5(1)(a) of the new
16
law--the later of:
17
(i) the day that the legislation passed by the Parliament of
18
the State referring the matters covered by subsections
19
5(3) and (5) of the new law to the Commonwealth
20
Parliament receives the Royal Assent; and
21
(ii) the day this item commences; or
22
(b) for a State covered by subsection 7(2) of the new law--the
23
day that the legislation passed by the Parliament of the State:
24
(i) adopting the relevant version of the new law and the
25
relevant version of this Act; and
26
(ii) referring the matter covered by subsection 5(5) of the
27
new law to the Commonwealth Parliament;
28
comes into force; or
29
(c) for a non-referring State in relation to a registered training
30
organisation mentioned in subitem 26(2) or 27(4)--the day
31
that the National VET Regulator registers the organisation; or
32
(d) for a Territory--the day this item commences.
33
show cause notice means a written notice given to a registered training
34
organisation that:
35
Schedule 1 Transitional provisions
Part 1 Preliminary
4 National Vocational Education and Training Regulator (Transitional Provisions) Bill
2010 No. , 2010
(a) sets out the grounds on which a State VET Regulator is
1
giving the notice; and
2
(b) invites the organisation to respond to the State VET
3
Regulator, in writing, addressing the grounds on which the
4
Regulator has given the notice.
5
The notice may also state the period within which the organisation must
6
give the written response to the State VET Regulator.
7
TVET Australia means TVET Australia Limited (ABN 99 062 758
8
632).
9
(2)
An expression used in this Schedule that is also used in the new law has
10
the same meaning in this Schedule as it has in the new law.
11
(3)
Unless the context otherwise requires, a reference in this Schedule to a
12
State VET Regulator includes a reference to a VET Regulator of a
13
Territory.
14
(4)
In relation to a State VET Regulator of a non-referring State, a
15
reference in this Schedule to:
16
(a) a registered training organisation registered by the State VET
17
Regulator of the non-referring State; or
18
(b) a registered training organisation registered in the
19
non-referring State;
20
is to be read as a reference to a registered training organisation that:
21
(c) is a registered provider (other than a secondary school); or
22
(d) provides all or part of a VET course in the non-referring State
23
and a referring State or a Territory; or
24
(e) provides all or part of a VET course in the non-referring State
25
and offers all or part of a VET course in a referring State or a
26
Territory to be provided in the referring State or Territory.
27
(5)
In addition to its effect apart from this subitem, subitem (4) also has the
28
effect it would have if each reference to a registered training
29
organisation were, by express provision, confined to a trading
30
corporation.
31
32
Transitional provisions Schedule 1
Continuation of existing registrations etc. Part 2
National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010 5
Part 2--Continuation of existing registrations etc.
1
Division 1--Continuation of existing registrations etc.
2
2 Registration of registered training organisations--referring
3
States
4
(1)
This item applies to a registered training organisation that is,
5
immediately before the relevant commencement day, registered in a
6
referring State.
7
(2)
Before the end of 90 days beginning on the relevant commencement
8
day, the registered training organisation must:
9
(a) apply to the National VET Regulator for registration under
10
the new law; or
11
(b) seek confirmation, in writing, from the relevant State VET
12
Regulator that:
13
(i) the organisation's registration has been transferred to
14
the National VET Regulator; and
15
(ii) a copy of records, of a kind specified in a determination
16
made by the National VET Regulator, have been
17
provided by the State VET Regulator to the National
18
VET Regulator;
19
and provide that confirmation to the National VET Regulator.
20
(3)
However, subitem (2) does not apply if the registered training
21
organisation and the National VET Regulator are notified, before the
22
end of 90 days beginning on the relevant commencement day, in
23
writing, by the relevant State VET Regulator that the State VET
24
Regulator has:
25
(a) transferred the organisation's registration to the National
26
VET Regulator; and
27
(b) provided a copy of records, of a kind specified in a
28
determination made by the National VET Regulator, for a
29
period before the relevant commencement day.
30
(4)
If a registered training organisation gives the National VET Regulator
31
written confirmation, as mentioned in paragraph (2)(b), but a copy of
32
the records mentioned in subparagraph (2)(b)(ii) have not actually been
33
provided by the State VET Regulator to the National VET Regulator:
34
Schedule 1 Transitional provisions
Part 2 Continuation of existing registrations etc.
6 National Vocational Education and Training Regulator (Transitional Provisions) Bill
2010 No. , 2010
(a) the National VET Regulator must notify the organisation, in
1
writing, of that fact; and
2
(b) the organisation must, within 90 days of being so notified,
3
apply to the National VET Regulator for registration under
4
the new law.
5
(5)
The registered training organisation is taken to be an NVR registered
6
training organisation for the period:
7
(a) beginning on the relevant commencement day; and
8
(b) ending on the day on which:
9
(i) the National VET Regulator notifies the organisation of
10
its decision under the new law to grant or reject its
11
application; or
12
(ii) the National VET Regulator updates the National
13
Register to record that the organisation is now registered
14
by the National VET Regulator.
15
Note 1: An NVR registered training organisation is registered under section 17 of the new law.
16
Note 2: Subparagraph (5)(b)(i) may apply in the circumstances described in subitem (4).
17
Note 3: Records relating to a registered training organisation that applies for registration still
18
need to be provided by the relevant State regulator, see item 27.
19
3 Registration of registered training organisations--
20
non-referring States
21
(1)
This item applies to a registered training organisation that is,
22
immediately before commencement, registered in a non-referring State.
23
(2)
Before the end of 90 days beginning on commencement, the registered
24
training organisation must:
25
(a) apply to the National VET Regulator for registration under
26
the new law; or
27
(b) seek confirmation, in writing, from the relevant State VET
28
Regulator that:
29
(i) the organisation's registration has been transferred to
30
the National VET Regulator; and
31
(ii) a copy of records, of a kind specified in a determination
32
made by the National VET Regulator, have been
33
provided by the State VET Regulator to the National
34
VET Regulator;
35
and provide that confirmation to the National VET Regulator.
36
Transitional provisions Schedule 1
Continuation of existing registrations etc. Part 2
National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010 7
(3)
However, subitem (2) does not apply if the registered training
1
organisation and the National VET Regulator are notified, before the
2
end of 90 days beginning on commencement, in writing, by the relevant
3
State VET Regulator that the State VET Regulator has:
4
(a) transferred the organisation's registration to the National
5
VET Regulator; and
6
(b) provided a copy of records, of a kind specified in a
7
determination made by the National VET Regulator, for a
8
period before commencement.
9
(4)
If a registered training organisation gives the National VET Regulator
10
written confirmation, as mentioned in paragraph (2)(b), but a copy of
11
the records mentioned in subparagraph (2)(b)(ii) have not actually been
12
provided by the State VET Regulator to the National VET Regulator:
13
(a) the National VET Regulator must notify the organisation, in
14
writing, of that fact; and
15
(b) the organisation must, within 90 days of being so notified,
16
apply to the National VET Regulator for registration under
17
the new law.
18
(5)
The registered training organisation is taken to be an NVR registered
19
training organisation for the period:
20
(a) beginning on commencement; and
21
(b) ending on the day on which:
22
(i) the National VET Regulator notifies the organisation of
23
its decision under the new law to grant or reject its
24
application; or
25
(ii) the National VET Regulator updates the National
26
Register to record that the organisation is now registered
27
by the National VET Regulator.
28
Note 1: An NVR registered training organisation is registered under section 17 of the new law.
29
Note 2: Subparagraph (5)(b)(i) may apply in the circumstances described in subitem (4).
30
Note 3: Records relating to a registered training organisation that applies for registration still
31
need to be provided by the relevant State regulator, see item 27.
32
4 Registration of registered training organisations--
33
Territories
34
Schedule 1 Transitional provisions
Part 2 Continuation of existing registrations etc.
8 National Vocational Education and Training Regulator (Transitional Provisions) Bill
2010 No. , 2010
If a registered training organisation was, immediately before the
1
relevant commencement day, registered under a Territory law, the
2
organisation is taken to be an NVR registered training organisation for
3
the period:
4
(a) beginning on the relevant commencement day; and
5
(b) ending on the day on which:
6
(i) the organisation's registration would expire under the
7
relevant Territory law but for this item; or
8
(ii) the organisation's registration is cancelled under
9
subsection 39(1) of the new law; or
10
(iii) the withdrawal of the organisation's registration under
11
section 42 of the new law takes effect;
12
whichever
occurs
first.
13
Note:
An NVR registered training organisation is registered under section 17 of the new law.
14
5 Conditions of registration etc.
15
(1)
To avoid doubt, if a registered training organisation is taken to be an
16
NVR registered training organisation under this Division:
17
(a) any condition imposed on the organisation or the
18
organisation's registration, before the relevant
19
commencement day, requiring a fee, however described, to
20
be paid to the relevant State, Territory or State VET
21
Regulator continues in force as if it were a condition imposed
22
under the new law; and
23
(b) a fee mentioned in paragraph (a) is, on and after the relevant
24
commencement day, payable to the National VET Regulator,
25
even if the State or Territory law that imposed the fee, or
26
allowed such a fee to be imposed, is amended or repealed;
27
and
28
(c) the National VET Regulator may, in accordance with the new
29
law, impose conditions on the organisation's registration, as
30
if the organisation had applied for registration and the
31
Regulator had decided to grant the application.
32
(2)
An inference that a registered training organisation complies with the
33
VET Quality Framework is not to be made only because the
34
organisation is taken to be an NVR registered training organisation
35
under this Division.
36
Transitional provisions Schedule 1
Continuation of existing registrations etc. Part 2
National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010 9
6 Suspension of registered training organisations
1
If:
2
(a) a registered training organisation is taken to be an NVR
3
registered training organisation under this Division; and
4
(b)
either:
5
(i) in the case of an organisation registered in a referring
6
State or a Territory--all or part of the organisation's
7
scope of registration, immediately before the relevant
8
commencement day, was suspended; or
9
(ii) in the case of an organisation registered in a
10
non-referring State--all or part of the organisation's
11
scope of registration, immediately before
12
commencement, was suspended;
13
the suspension continues until:
14
(c) the National VET Regulator is satisfied that the organisation
15
has done whatever is required for the suspension to be lifted
16
(which may be something that was not required by the
17
relevant State VET Regulator); or
18
(d) the National VET Regulator takes action in relation to the
19
suspension under the new law.
20
Note:
A reference to a State VET Regulator includes a reference to a VET Regulator of a
21
Territory, see subitem 1(3).
22
Division 2--Applications for registration or renewal of
23
registration
24
7 Pending applications for registration--referring States and
25
Territories
26
(1) If:
27
(a) an organisation has, before the relevant commencement day,
28
applied to a State VET Regulator of a referring State or the
29
VET Regulator of a Territory for registration; and
30
(b) the State VET Regulator has not decided the application
31
before the relevant commencement day;
32
then:
33
(c) the National VET Regulator must decide the application
34
under the new law within 6 months after the relevant
35
commencement day; and
36
Schedule 1 Transitional provisions
Part 2 Continuation of existing registrations etc.
10 National Vocational Education and Training Regulator (Transitional Provisions) Bill
2010 No. , 2010
(d) if the National VET Regulator decides to grant the
1
application:
2
(i) the Regulator must register the organisation as an NVR
3
registered training organisation under section 17 of the
4
new law; and
5
(ii) the Regulator must notify the organisation of its
6
decision in accordance with section 18 of the new law;
7
and
8
(e) if the National VET Regulator decides to reject the
9
application--the Regulator must notify the organisation of its
10
decision in accordance with section 18 of the new law.
11
Note 1: A reference to a State VET Regulator includes a reference to a VET Regulator of a
12
Territory, see subitem 1(3).
13
Note 2: The National VET Regulator is taken to have granted the application if it does not make
14
a decision within 6 months after the relevant commencement day or a longer period
15
determined under subitem 11(1), see subitem 11(4).
16
(2)
To avoid doubt, if the National VET Regulator decides to grant the
17
application, the Regulator may, in accordance with the new law, impose
18
conditions on the NVR registered training organisation's registration.
19
8 Pending applications for registration--non-referring States
20
(1) If:
21
(a) an organisation has, before commencement, applied to a
22
State VET Regulator of a non-referring State for registration;
23
and
24
(b) the State VET Regulator has not decided the application
25
before commencement;
26
then:
27
(c) the National VET Regulator must decide the application
28
under the new law within 6 months after commencement; and
29
(d) if the National VET Regulator decides to grant the
30
application:
31
(i) the Regulator must register the organisation as an NVR
32
registered training organisation under section 17 of the
33
new law; and
34
(ii) the Regulator must notify the organisation of its
35
decision in accordance with section 18 of the new law;
36
and
37
Transitional provisions Schedule 1
Continuation of existing registrations etc. Part 2
National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010 11
(e) if the National VET Regulator decides to reject the
1
application--the Regulator must notify the organisation of its
2
decision in accordance with section 18 of the new law.
3
Note:
The National VET Regulator is taken to have granted the application if it does not make
4
a decision within 6 months after commencement or a longer period determined under
5
subitem 11(1), see subitem 11(4).
6
(2)
To avoid doubt, if the National VET Regulator decides to grant the
7
application, the Regulator may, in accordance with the new law, impose
8
conditions on the NVR registered training organisation's registration.
9
9 Pending applications for renewal of registration--referring
10
States and Territories
11
(1) If:
12
(a) a registered training organisation registered in a referring
13
State or a Territory has applied to the relevant State VET
14
Regulator for renewal of its registration; and
15
(b) the State VET Regulator has not decided the application
16
before the relevant commencement day;
17
then:
18
(c) the National VET Regulator must decide the application
19
under the new law within 6 months after the relevant
20
commencement day; and
21
(d) if the National VET Regulator decides to grant the
22
application:
23
(i) the Regulator must register the organisation as an NVR
24
registered training organisation under section 17 of the
25
new law; and
26
(ii) the Regulator must notify the organisation of its
27
decision in accordance with section 18 of the new law;
28
and
29
(e) if the National VET Regulator decides to reject the
30
application--the Regulator must notify the organisation of its
31
decision in accordance with section 18 of the new law.
32
Note 1: A reference to a State VET Regulator includes a reference to a VET Regulator of a
33
Territory, see subitem 1(3).
34
Note 2: The National VET Regulator is taken to have granted the application if it does not make
35
a decision within 6 months after the relevant commencement day or a longer period
36
determined under subitem 11(1), see subitem 11(4).
37
Schedule 1 Transitional provisions
Part 2 Continuation of existing registrations etc.
12 National Vocational Education and Training Regulator (Transitional Provisions) Bill
2010 No. , 2010
(2)
To avoid doubt, if the National VET Regulator decides to grant the
1
application, the Regulator may, in accordance with the new law, impose
2
conditions on the NVR registered training organisation's registration.
3
(3)
The registered training organisation is taken to be an NVR registered
4
training organisation for the period:
5
(a) beginning on the relevant commencement day; and
6
(b)
ending:
7
(i) on the day on which the National VET Regulator makes
8
its decision; or
9
(ii) if the Regulator determines a longer period under
10
subitem 11(1)--on the last day of that period; or
11
(iii) if the Regulator does not determine a longer period
12
under subitem 11(1)--on the day that occurs 6 months
13
after the relevant commencement day;
14
whichever
occurs
first.
15
Note:
If subparagraph (3)(b)(iii) applies, the registered training organisation's registration will
16
be taken to be renewed for 2 years, see subitem 11(5).
17
(4)
An inference that a registered training organisation complies with the
18
VET Quality Framework is not to be made only because the
19
organisation is taken to be an NVR registered training organisation for
20
the period mentioned in subitem (3).
21
10 Pending applications for renewal of registration--
22
non-referring States
23
(1) If:
24
(a) a registered training organisation registered in a non-referring
25
State has applied to the relevant State VET Regulator for
26
renewal of its registration; and
27
(b) the State VET Regulator has not decided the application
28
before commencement;
29
then:
30
(c) the National VET Regulator must decide the application
31
under the new law within 6 months after commencement; and
32
(d) if the National VET Regulator decides to grant the
33
application:
34
Transitional provisions Schedule 1
Continuation of existing registrations etc. Part 2
National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010 13
(i) the Regulator must register the organisation as an NVR
1
registered training organisation under section 17 of the
2
new law; and
3
(ii) the Regulator must notify the organisation of its
4
decision in accordance with section 18 of the new law;
5
and
6
(e) if the National VET Regulator decides to reject the
7
application--the Regulator must notify the organisation of its
8
decision in accordance with section 18 of the new law.
9
Note:
The National VET Regulator is taken to have granted the application if it does not make
10
a decision within 6 months after commencement or a longer period determined under
11
subitem 11(1), see subitem 11(4).
12
(2)
To avoid doubt, if the National VET Regulator decides to grant the
13
application, the Regulator may, in accordance with the new law, impose
14
conditions on the NVR registered training organisation's registration.
15
(3)
The registered training organisation is taken to be an NVR registered
16
training organisation for the period:
17
(a) beginning on commencement; and
18
(b)
ending:
19
(i) on the day on which the National VET Regulator makes
20
its decision; or
21
(ii) if the Regulator determines a longer period under
22
subitem 11(1)--on the last day of that period; or
23
(iii) if the Regulator does not determine a longer period
24
under subitem 11(1)--on the day that occurs 6 months
25
after commencement;
26
whichever
occurs
first.
27
Note:
If subparagraph (3)(b)(iii) applies, the registered training organisation's registration will
28
be taken to be renewed for 2 years, see subitem 11(5).
29
(4)
An inference that a registered training organisation complies with the
30
VET Quality Framework is not to be made only because the
31
organisation is taken to be an NVR registered training organisation for
32
the period mentioned in subitem (3).
33
11 Extension of time for considering applications
34
(1)
If the National VET Regulator is satisfied that, for reasons beyond its
35
control, a decision cannot be made within the 6 month period mentioned
36
in paragraph 7(1)(c), 8(1)(c), 9(1)(c) or 10(1)(c), the Regulator may
37
Schedule 1 Transitional provisions
Part 2 Continuation of existing registrations etc.
14 National Vocational Education and Training Regulator (Transitional Provisions) Bill
2010 No. , 2010
determine a longer period, of no more than 6 months, within which it
1
must make a decision on an application.
2
(2)
If the National VET Regulator determines a longer period, it must do so
3
not later than 6 weeks before the expiry of the 6 month period
4
mentioned in paragraph 7(1)(c), 8(1)(c), 9(1)(c) or 10(1)(c), whichever
5
applies.
6
(3)
If the National VET Regulator determines a longer period under
7
subitem (1), the Regulator must, within 7 days of making the
8
determination:
9
(a) notify the organisation concerned, in writing, of the
10
determination; and
11
(b) give, in writing, the reasons for the determination.
12
(4) If:
13
(a) a decision is not made within the 6 month period mentioned
14
in paragraph 7(1)(c), 8(1)(c), 9(1)(c) or 10(1)(c) and the
15
National VET Regulator does not determine a longer period;
16
or
17
(b) the Regulator determines a longer period but does not make a
18
decision within that period;
19
the Regulator is taken to have granted the application.
20
(5)
If the National VET Regulator is taken to have granted an application,
21
as mentioned in subitem (4), the organisation to which the application
22
relates is taken to have been registered (including by way of a renewal
23
of registration), for 2 years beginning on the first day after the 6 month
24
period.
25
(6)
An inference that an organisation complies with the VET Quality
26
Framework is not to be made only because the organisation is taken to
27
have been registered as an NVR registered training organisation for the
28
period mentioned in subitem (5).
29
Division 3--Applications for change of scope of
30
registration
31
12 Pending applications for change of scope of registration--
32
referring States and Territories
33
Transitional provisions Schedule 1
Continuation of existing registrations etc. Part 2
National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010 15
(1)
This item applies to a registered training organisation that is,
1
immediately before the relevant commencement day, registered in a
2
referring State or a Territory.
3
(2) If:
4
(a) a registered training organisation has, before the relevant
5
commencement day, applied to a State VET Regulator to
6
change its scope of registration to include a VET course or
7
part of a VET course; and
8
(b) the State VET Regulator has not decided the application
9
before the relevant commencement day;
10
then:
11
(c) the National VET Regulator must decide the application
12
under the new law as soon as practicable; and
13
(d) if the National VET Regulator decides to grant the
14
application:
15
(i) the Regulator must determine the day from which the
16
VET course, or part of the VET course, may be
17
delivered by the organisation; and
18
(ii) the Regulator must notify the organisation of its
19
decision in accordance with section 34 of the new law;
20
and
21
(e) if the National VET Regulator decides to reject the
22
application--the Regulator must notify the organisation of its
23
decision in accordance with section 34 of the new law.
24
Note:
A reference to a State VET Regulator includes a reference to a VET Regulator of a
25
Territory, see subitem 1(3).
26
(3)
To avoid doubt, if the National VET Regulator decides to grant the
27
application, the Regulator may, in accordance with the new law, impose
28
conditions on the NVR registered training organisation's registration.
29
13 Pending applications for change of scope of registration--
30
non-referring States
31
(1)
This item applies to a registered training organisation that is,
32
immediately before commencement, registered in a non-referring State.
33
(2) If:
34
(a) a registered training organisation has, before commencement,
35
applied to a State VET Regulator to change its scope of
36
Schedule 1 Transitional provisions
Part 2 Continuation of existing registrations etc.
16 National Vocational Education and Training Regulator (Transitional Provisions) Bill
2010 No. , 2010
registration to include a VET course or part of a VET course;
1
and
2
(b) the State VET Regulator has not decided the application
3
before commencement;
4
then:
5
(c) the National VET Regulator must decide the application
6
under the new law as soon as practicable; and
7
(d) if the National VET Regulator decides to grant the
8
application:
9
(i) the Regulator must determine the day from which the
10
VET course, or part of the VET course, may be
11
delivered by the organisation; and
12
(ii) the Regulator must notify the organisation of its
13
decision in accordance with section 34 of the new law;
14
and
15
(e) if the National VET Regulator decides to reject the
16
application--the Regulator must notify the organisation of its
17
decision in accordance with section 34 of the new law.
18
(3)
To avoid doubt, if the National VET Regulator decides to grant the
19
application, the Regulator may, in accordance with the new law, impose
20
conditions on the NVR registered training organisation's registration.
21
Division 4--Applications for withdrawal of registration
22
14 Pending applications for withdrawal of registration--
23
referring States and Territories
24
(1)
This item applies to a registered training organisation that is,
25
immediately before the relevant commencement day, registered in a
26
referring State or a Territory.
27
(2) If:
28
(a) a registered training organisation has, before the relevant
29
commencement day, applied to a State VET Regulator to
30
have its registration withdrawn; and
31
(b) the State VET Regulator has not decided the application
32
before the relevant commencement day;
33
then:
34
Transitional provisions Schedule 1
Continuation of existing registrations etc. Part 2
National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010 17
(c) if the National VET Regulator is satisfied, in all the
1
circumstances, that it is appropriate to allow the
2
organisation's registration to be withdrawn--the Regulator
3
must allow the registration to be withdrawn; and
4
(d) the National VET Regulator must, by notice in writing, notify
5
the organisation of its decision and, if the organisation's
6
registration is to be withdrawn, the day from which the
7
withdrawal takes effect.
8
Note:
A reference to a State VET Regulator includes a reference to a VET Regulator of a
9
Territory, see subitem 1(3).
10
(3) If:
11
(a) a registered training organisation's registration is withdrawn
12
under this item; and
13
(b) the organisation was issued with a certificate of registration;
14
the organisation must return the certificate to the National VET
15
Regulator within 10 days of the day the withdrawal takes effect.
16
15 Pending applications for withdrawal of registration--
17
non-referring States
18
(1)
This item applies to a registered training organisation that is,
19
immediately before commencement, registered in a non-referring State.
20
(2) If:
21
(a) a registered training organisation has, before commencement,
22
applied to a State VET Regulator to have its registration
23
withdrawn; and
24
(b) the State VET Regulator has not decided the application
25
before commencement;
26
then:
27
(c) if the National VET Regulator is satisfied, in all the
28
circumstances, that it is appropriate to allow the
29
organisation's registration to be withdrawn--the Regulator
30
must allow the registration to be withdrawn; and
31
(d) the National VET Regulator must, by notice in writing, notify
32
the organisation of its decision and, if the organisation's
33
registration is to be withdrawn, the day from which the
34
withdrawal takes effect.
35
(3) If:
36
Schedule 1 Transitional provisions
Part 2 Continuation of existing registrations etc.
18 National Vocational Education and Training Regulator (Transitional Provisions) Bill
2010 No. , 2010
(a) a registered training organisation's registration is withdrawn
1
under this item; and
2
(b) the organisation was issued with a certificate of registration;
3
the organisation must return the certificate to the National VET
4
Regulator within 10 days of the day the withdrawal takes effect.
5
6
Transitional provisions Schedule 1
Continuation of existing course accreditations etc. Part 3
National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010 19
Part 3--Continuation of existing course
1
accreditations etc.
2
Division 1--Continuation of existing accreditations etc.
3
16 Accreditation of VET accredited courses continue in force
4
(1)
If, immediately before the relevant commencement day, a course was
5
accredited by:
6
(a) the State VET Regulator of a referring State; or
7
(b) the VET Regulator of a Territory;
8
the course is taken to be a VET accredited course for the period:
9
(c) beginning on the relevant commencement day; and
10
(d) ending on the day on which:
11
(i) the course's accreditation would expire under the
12
relevant State or Territory law but for this subitem; or
13
(ii) the course's accreditation is cancelled under subsection
14
52(1) of the new law.
15
Note:
A course is accredited as a VET accredited course under section 44 of the new law.
16
(2)
To avoid doubt, if a course is taken to be a VET accredited course under
17
subitem (1), the National VET Regulator may, in accordance with the
18
new law, impose conditions on the accreditation of the VET accredited
19
course.
20
(3)
An inference that a course meets the Standards for VET Accredited
21
Courses or the Australian Qualifications Framework is not to be made
22
only because the course is taken to be a VET accredited course under
23
subitem (1).
24
17 Suspension of a course's accreditation
25
If:
26
(a) a course is taken to be a VET accredited course under
27
item 16; and
28
(b) the course's accreditation, immediately before
29
commencement, was suspended;
30
the suspension continues until:
31
(c) the National VET Regulator is satisfied that the person or
32
entity in respect of whom the course is accredited has done
33
Schedule 1 Transitional provisions
Part 3 Continuation of existing course accreditations etc.
20 National Vocational Education and Training Regulator (Transitional Provisions) Bill
2010 No. , 2010
whatever is required for the suspension to be lifted (which
1
may be something that was not required by the relevant State
2
VET Regulator); or
3
(d) the National VET Regulator takes action in relation to the
4
suspension under the new law.
5
Note:
A reference to a State VET Regulator includes a reference to a VET Regulator of a
6
Territory, see subitem 1(3).
7
Division 2--Applications for accreditation, or renewal of
8
accreditation, of a course
9
18 Pending applications for accreditation--referring States
10
and Territories
11
(1) If:
12
(a) a person or entity has, before the relevant commencement
13
day, applied to a State VET Regulator of a referring State or
14
the VET Regulator of a Territory for accreditation of a
15
course; and
16
(b) the State VET Regulator has not decided the application
17
before the relevant commencement day;
18
then:
19
(c) the National VET Regulator must decide the application
20
under the new law within 6 months after the relevant
21
commencement day; and
22
(d) if the National VET Regulator decides to grant the
23
application:
24
(i) the Regulator must accredit the course as a VET
25
accredited course under section 44 of the new law; and
26
(ii) the Regulator must notify the person or entity of its
27
decision in accordance with section 45 of the new law;
28
and
29
(e) if the National VET Regulator decides to reject the
30
application--the Regulator must notify the person or entity
31
of its decision in accordance with section 45 of the new law.
32
Note 1: A reference to a State VET Regulator includes a reference to a VET Regulator of a
33
Territory, see subitem 1(3).
34
Note 2: The National VET Regulator is taken to have granted the application if it does not make
35
a decision within 6 months after the relevant commencement day or a longer period
36
determined under subitem 20(1), see subitem 20(4).
37
Transitional provisions Schedule 1
Continuation of existing course accreditations etc. Part 3
National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010 21
(2)
To avoid doubt, if the National VET Regulator decides to grant the
1
application, the Regulator may, in accordance with the new law, impose
2
conditions on the course's accreditation.
3
19 Pending applications for renewal of accreditation--
4
referring States and Territories
5
(1) If:
6
(a) a person or entity in respect of whom a VET accredited
7
course is accredited has applied to a State VET Regulator of
8
a referring State or the VET Regulator of a Territory for
9
renewal of the accreditation of the course; and
10
(b) the State VET Regulator has not decided the application
11
before the relevant commencement day;
12
then:
13
(c) the National VET Regulator must decide the application
14
under the new law within 6 months after the relevant
15
commencement day; and
16
(d) if the National VET Regulator decides to grant the
17
application:
18
(i) the Regulator must accredit the course as a VET
19
accredited course under section 44 of the new law; and
20
(ii) the Regulator must notify the person or entity of its
21
decision in accordance with section 45 of the new law;
22
and
23
(e) if the National VET Regulator decides to reject the
24
application--the Regulator must notify the person or entity
25
of its decision in accordance with section 45 of the new law.
26
Note 1: A reference to a State VET Regulator includes a reference to a VET Regulator of a
27
Territory, see subitem 1(3).
28
Note 2: The National VET Regulator is taken to have granted the application if it does not make
29
a decision within 6 months after the relevant commencement day or a longer period
30
determined under subitem 20(1), see subitem 20(4).
31
(2)
To avoid doubt, if the National VET Regulator decides to grant the
32
application, the Regulator may, in accordance with the new law, impose
33
conditions on the course's accreditation.
34
(3)
The course is taken to be a VET accredited course for the period:
35
(a) beginning on the relevant commencement day; and
36
(b)
ending:
37
Schedule 1 Transitional provisions
Part 3 Continuation of existing course accreditations etc.
22 National Vocational Education and Training Regulator (Transitional Provisions) Bill
2010 No. , 2010
(i) on the day on which the National VET Regulator makes
1
its decision; or
2
(ii) if the Regulator determines a longer period under
3
subitem 20(1)--on the last day of that period; or
4
(iii) if the Regulator does not determine a longer period
5
under subitem 20(1)--on the day that occurs 6 months
6
after the relevant commencement day;
7
whichever
occurs
first.
8
Note:
If subparagraph (3)(b)(iii) applies, the accreditation of the course will be taken to be
9
renewed for 2 years, see subitem 20(5).
10
(4)
To avoid doubt, an inference that a course meets the Standards for VET
11
accredited courses or the Australian Qualifications Framework is not to
12
be made only because the course is taken to be a VET accredited course
13
for the period mentioned in subitem (3).
14
20 Extension of time for considering applications
15
(1)
If the National VET Regulator is satisfied that, for reasons beyond its
16
control, a decision cannot be made within the 6 month period mentioned
17
in paragraph 18(1)(c) or 19(1)(c), the Regulator may determine a longer
18
period, of no more than 6 months, within which it must make a decision
19
on an application.
20
(2)
If the National VET Regulator determines a longer period, it must do so
21
not later than 6 weeks before the expiry of the 6 month period
22
mentioned in paragraph 18(1)(c) or 19(1)(c), whichever applies.
23
(3)
If the National VET Regulator determines a longer period under
24
subitem (1), the Regulator must, within 7 days of making the
25
determination:
26
(a) notify the person or entity concerned, in writing, of the
27
determination; and
28
(b) give, in writing, the reasons for the determination.
29
(4) If:
30
(a) a decision is not made within the 6 month period mentioned
31
in paragraph 18(1)(c) or 19(1)(c) and the National VET
32
Regulator does not determine a longer period; or
33
(b) the Regulator determines a longer period but does not make a
34
decision within that period;
35
the Regulator is taken to have granted the application.
36
Transitional provisions Schedule 1
Continuation of existing course accreditations etc. Part 3
National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010 23
(5)
If the National VET Regulator is taken to have granted an application,
1
as mentioned in subitem (4), the course to which the application relates
2
is taken to be a VET accredited course (including by way of a renewal
3
of accreditation) for 2 years beginning on the first day after the 6 month
4
period.
5
(6)
To avoid doubt, an inference that a course meets the Standards for VET
6
accredited courses or the Australian Qualifications Framework is not to
7
be made only because the course is taken to be a VET accredited course
8
for the period mentioned in subitem (5).
9
10
Schedule 1 Transitional provisions
Part 4 References to, and things done by, or in relation to, a VET Regulator
24 National Vocational Education and Training Regulator (Transitional Provisions) Bill
2010 No. , 2010
Part 4--References to, and things done by, or in
1
relation to, a VET Regulator
2
21 Things done by, or in relation to, a VET Regulator
3
(1)
If a thing was done by, or in relation to, the State VET Regulator of a
4
referring State under a law of the State, then the thing is taken after the
5
relevant commencement day, to have been done by, or in relation to, the
6
National VET Regulator.
7
(2)
If a thing was done by, or in relation to, the VET Regulator of a
8
Territory under a law of the Territory, then the thing is taken after the
9
relevant commencement day, to have been done by, or in relation to, the
10
National VET Regulator.
11
(3)
If a thing was done by, or in relation to, a State VET Regulator of a
12
non-referring State in respect of a registered training organisation
13
registered by the State VET Regulator, then the thing is taken after
14
commencement, to have been done by, or in relation to, the National
15
VET Regulator in respect of the organisation.
16
(4)
Subitems (1), (2) and (3) apply only to things done by, or in relation to,
17
a State VET Regulator in respect of a matter dealt with by the new law.
18
Note:
A reference to a State VET Regulator includes a reference to a VET Regulator of a
19
Territory, see subitem 1(3).
20
(5)
The Minister may, by writing, determine that subitem (1), (2) or (3)
21
does not apply in relation to a specified thing done by, or in relation to,
22
a State VET Regulator.
23
(6)
To avoid doubt, doing a thing includes making an instrument.
24
(7)
A determination under subitem (5) is not a legislative instrument.
25
22 Show cause notices--referring States and Territories
26
(1)
This item applies to a registered training organisation that is,
27
immediately before the relevant commencement day, registered in a
28
referring State or a Territory.
29
(2)
If, before the relevant commencement day, a State VET Regulator had
30
given a registered training organisation a show cause notice, then,
31
within 60 days after the relevant commencement day, the National VET
32
Regulator must:
33
Transitional provisions Schedule 1
References to, and things done by, or in relation to, a VET Regulator Part 4
National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010 25
(a) decide what action to take in relation to the organisation
1
under the new law; and
2
(b) if the National VET Regulator decides to take action--in
3
taking the relevant action, notify the organisation that the
4
Regulator is taking the action in response to the show cause
5
notice; and
6
(c) if the National VET Regulator decides not to take action--
7
within 30 days of its decision, notify the organisation, in
8
writing, that no further action will be taken in relation to the
9
show cause notice.
10
Note:
A reference to a State VET Regulator includes a reference to a VET Regulator of a
11
Territory, see subitem 1(3).
12
(3)
If a decision is not made within 60 days after the relevant
13
commencement day, the National VET Regulator is taken to have
14
decided not to take action under the new law in relation to the registered
15
training organisation.
16
(4)
If, in relation to a show cause notice:
17
(a) a State VET Regulator required a person to provide evidence,
18
information or any document; and
19
(b) the evidence, information or document was not provided to
20
the State VET Regulator before the relevant commencement
21
day;
22
then, the evidence, information or document must be provided to the
23
National VET Regulator.
24
23 Show cause notices--non-referring States
25
(1)
This item applies to a registered training organisation that is,
26
immediately before commencement, registered in a non-referring State.
27
(2)
If, before commencement, a State VET Regulator had given a registered
28
training organisation a show cause notice, then, within 60 days after
29
commencement, the National VET Regulator must:
30
(a) decide what action to take in relation to the organisation
31
under the new law; and
32
(b) if the National VET Regulator decides to take action--in
33
taking the relevant action, notify the organisation that the
34
Regulator is taking the action in response to the show cause
35
notice; and
36
Schedule 1 Transitional provisions
Part 4 References to, and things done by, or in relation to, a VET Regulator
26 National Vocational Education and Training Regulator (Transitional Provisions) Bill
2010 No. , 2010
(c) if the National VET Regulator decides not to take action--
1
within 30 days of its decision, notify the organisation, in
2
writing, that no further action will be taken in relation to the
3
show cause notice.
4
(3)
If a decision is not made within 60 days after commencement, the
5
National VET Regulator is taken to have decided not to take action
6
under the new law in relation to the registered training organisation.
7
(4)
If, in relation to a show cause notice:
8
(a) a State VET Regulator required a person to provide evidence,
9
information or any document; and
10
(b) the evidence, information or document was not provided to
11
the State VET Regulator before the relevant commencement
12
day;
13
then, the evidence, information or document must be provided to the
14
National VET Regulator.
15
16
Transitional provisions Schedule 1
Review of decisions Part 5
National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010 27
Part 5--Review of decisions
1
24 Rights of review of certain decisions
2
To avoid doubt, an application may be made to the Administrative
3
Appeals Tribunal under Division 1 of Part 9 of the new law for review
4
of any of the following decisions of the National VET Regulator:
5
(a) a decision under section 17 of the new law, as applied by one
6
of the following provisions of this Schedule, to register an
7
organisation as an NVR registered training organisation:
8
(i)
paragraph
7(1)(d);
9
(ii)
paragraph
8(1)(d);
10
(iii)
paragraph
9(1)(d);
11
(iv)
paragraph
10(1)(d);
12
(b) a decision under section 17 of the new law, as applied by one
13
of the following provisions of this Schedule, not to register
14
an organisation as an NVR registered training organisation:
15
(i)
paragraph
7(1)(e);
16
(ii)
paragraph
8(1)(e);
17
(iii)
paragraph
9(1)(e);
18
(iv)
paragraph
10(1)(e);
19
(c) a decision under subsection 29(1) of the new law, as applied
20
by one of the following provisions of this Schedule, to
21
impose a condition on an NVR registered training
22
organisation's registration:
23
(i)
paragraph
5(1)(c);
24
(ii)
subitem
7(2);
25
(iii)
subitem
8(2);
26
(iv)
subitem
9(2);
27
(v)
subitem
10(2);
28
(vi)
subitem
12(3);
29
(vii)
subitem
13(3);
30
(d) a decision under section 44 of the new law, as applied by one
31
of the following provisions of this Schedule, to accredit a
32
course as a VET accredited course:
33
(i)
paragraph
18(1)(d);
34
(ii)
paragraph
19(1)(d);
35
Schedule 1 Transitional provisions
Part 5 Review of decisions
28 National Vocational Education and Training Regulator (Transitional Provisions) Bill
2010 No. , 2010
(e) a decision under section 44 of the new law, as applied by one
1
of the following provisions of this Schedule, not to accredit a
2
course as a VET accredited course:
3
(i)
paragraph
18(1)(e);
4
(ii)
paragraph
19(1)(e);
5
(f) a decision under subsection 48(1) of the new law, as applied
6
by one of the following provisions of this Schedule, to
7
impose a condition on a VET accredited course's
8
accreditation:
9
(i)
subitem
16(2);
10
(ii)
subitem
18(2);
11
(iii)
subitem
19(2);
12
(g) a decision under section 33 of the new law, as applied by one
13
of the following provisions of this Schedule, to change an
14
NVR registered training organisation's scope of registration:
15
(i)
paragraph
12(2)(d);
16
(ii)
paragraph
13(2)(d);
17
(h) a decision under section 33 of the new law, as applied by one
18
of the following provisions of this Schedule, not to change an
19
NVR registered training organisation's scope of registration:
20
(i)
paragraph
12(2)(e);
21
(ii)
paragraph
13(2)(e);
22
(i) a decision under section 42 of the new law, as applied by one
23
of the following provisions of this Schedule, to allow a
24
registered training organisation to withdraw its registration:
25
(i)
paragraph
14(2)(c);
26
(ii)
paragraph
15(2)(c);
27
(j) a decision under section 42 of the new law, as applied by one
28
of the following provisions of this Schedule, not to allow a
29
registered training organisation to withdraw its registration:
30
(i)
paragraph
14(2)(c);
31
(ii)
paragraph
15(2)(c);
32
(k) a decision under subitem 11(1) or 20(1) of this Schedule to
33
determine a longer period within which the National VET
34
Regulator may make a decision on an application.
35
36
Transitional provisions Schedule 1
Treatment of staff employed by VET Regulators etc. Part 6
National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010 29
Part 6--Treatment of staff employed by VET
1
Regulators etc.
2
25 Engagement of staff
3
(1)
Without limiting item 30, regulations under that item may provide for:
4
(a) the engagement of an employee from a State VET Regulator
5
or the VET Regulator of a Territory, on terms and conditions
6
substantially similar to, and, considered on an overall basis,
7
no less favourable than, the employee's terms and conditions
8
of employment with the relevant VET Regulator immediately
9
before the engagement; and
10
(b) the engagement of an employee from TVET Australia, on
11
terms and conditions substantially similar to, and, considered
12
on an overall basis, no less favourable than, the employee's
13
terms and conditions of employment with TVET Australia
14
immediately before the engagement; and
15
(c) staffing procedures of a State VET Regulator of a referring
16
State or the VET Regulator of a Territory to apply, or to
17
continue to apply, in relation to:
18
(i) processes begun before, but not completed by, the
19
relevant commencement day; or
20
(ii) things done by, for or in relation to the relevant VET
21
Regulator or an employee of that VET Regulator before
22
the relevant commencement day; or
23
(d) staffing procedures of a State VET Regulator of a
24
non-referring State to apply, or to continue to apply, in
25
relation to:
26
(i) processes begun before, but not completed by,
27
commencement; or
28
(ii) things done by, for or in relation to the relevant State
29
VET Regulator or an employee of that VET Regulator
30
before commencement; or
31
(e) staffing procedures of TVET Australia to apply, or to
32
continue to apply, in relation to:
33
(i) processes begun before, but not completed by,
34
commencement; or
35
(ii) things done by, for or in relation to TVET Australia or
36
an employee of TVET Australia before commencement;
37
or
38
Schedule 1 Transitional provisions
Part 6 Treatment of staff employed by VET Regulators etc.
30 National Vocational Education and Training Regulator (Transitional Provisions) Bill
2010 No. , 2010
(f) staffing procedures of the National VET Regulator to apply
1
in relation to:
2
(i) in the case of a referring State or a Territory--processes
3
begun before, but not completed by, the relevant
4
commencement day; or
5
(ii) in the case of a non-referring State or TVET Australia--
6
processes begun before, but not completed by,
7
commencement; or
8
(iii) things done by, for or in relation to a State VET
9
Regulator of a referring State before the relevant
10
commencement day; or
11
(iv) things done by, for or in relation to the VET Regulator
12
of a Territory before the relevant commencement day;
13
or
14
(v) things done by, for or in relation to a State VET
15
Regulator of a non-referring State before
16
commencement; or
17
(vi) things done by, for or in relation to TVET Australia
18
before commencement.
19
(2)
Regulations made for the purposes of this item have effect despite the
20
Public Service Act 1999.
21
(3)
In this item:
22
staffing procedures includes procedures and policies related to:
23
(a) recruitment, promotion or performance management; or
24
(b) inefficiency, misconduct, forfeiture of position, fitness for
25
duty or loss of essential qualifications; or
26
(c) disciplinary action, grievance processes or reviews of or
27
appeals against staffing decisions; or
28
(d) transfers, resignations or termination of employment; or
29
(e)
leave.
30
31
Transitional provisions Schedule 1
Legal proceedings Part 7
National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010 31
Part 7--Legal proceedings
1
26 Substitution of National VET Regulator as a party to
2
pending proceedings
3
(1)
If, immediately before the relevant commencement day:
4
(a) the State VET Regulator of a referring State or the VET
5
Regulator of a Territory was a party to proceedings of a kind
6
described in subitem (3); and
7
(b) the proceedings were pending in any court or tribunal;
8
the National VET Regulator is substituted for the State VET Regulator
9
after the relevant commencement day as a party to the proceedings.
10
Note:
A reference to a State VET Regulator includes a reference to a VET Regulator of a
11
Territory, see subitem 1(3).
12
(2)
If, immediately before the relevant commencement day:
13
(a) a State VET Regulator of a non-referring State was a party to
14
proceedings of a kind mentioned in subitem (3) in relation to
15
a registered training organisation registered by the State VET
16
Regulator; and
17
(b) the proceedings were pending in any court or tribunal;
18
the National VET Regulator is substituted for the State VET Regulator
19
after the relevant commencement day as a party to the proceedings in
20
relation to the organisation.
21
(3)
Subitems (1) and (2) apply only to proceedings that relate to a decision
22
by a State VET Regulator in respect of which the National VET
23
Regulator has the same, or substantially the same, function under the
24
new law.
25
26
Schedule 1 Transitional provisions
Part 8 Miscellaneous
32 National Vocational Education and Training Regulator (Transitional Provisions) Bill
2010 No. , 2010
Part 8--Miscellaneous
1
27 Transfer of custody of records
2
(1)
If any records, of a kind specified in a determination made by the
3
National VET Regulator, relating to:
4
(a) an organisation that is taken to be an NVR registered training
5
organisation under this Schedule; or
6
(b) an organisation that is registered as an NVR registered
7
training organisation under the new law because of this
8
Schedule; or
9
(c) a course that is taken to be a VET accredited course under
10
this Schedule;
11
are in the custody of a State VET Regulator immediately before the
12
relevant commencement day, copies of the records must be transferred
13
to the National VET Regulator as soon as practicable after the relevant
14
commencement day.
15
Note:
A reference to a State VET Regulator includes a reference to a VET Regulator of a
16
Territory, see subitem 1(3).
17
(2)
Subitem (1) does not apply in respect of records that have already been
18
transferred to the National VET Regulator, as mentioned in
19
subparagraph 2(2)(b)(ii) or subitem 2(3).
20
(3)
Subitem (4) applies in relation to an organisation in a non-referring
21
State if:
22
(a) the organisation is taken to be an NVR registered training
23
organisation under this Schedule; or
24
(b) the organisation is registered as an NVR registered training
25
organisation under the new law because of this Schedule.
26
(4)
Copies of records, of a kind specified in a determination made by the
27
National VET Regulator, relating to an organisation mentioned in
28
subitem (3) that are in the custody of the State VET Regulator of the
29
non-referring State immediately before commencement must be
30
transferred to the National VET Regulator as soon as practicable after
31
commencement.
32
(5)
Subitem (4) does not apply in respect of records that have already been
33
transferred to the National VET Regulator, as mentioned in
34
subparagraph 3(2)(b)(ii) or subitem 3(3).
35
Transitional provisions Schedule 1
Miscellaneous Part 8
National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. , 2010 33
28 Determination about records
1
(1)
The National VET Regulator may, for the purposes of this Schedule,
2
determine the kind of records relating to an organisation or a course that
3
must be provided by a State VET Regulator.
4
Note:
A reference to a State VET Regulator includes a reference to a VET Regulator of a
5
Territory, see subitem 1(3).
6
(2)
A determination made under subitem (1) is not a legislative instrument.
7
29 Powers of National VET Regulator
8
To avoid doubt, the National VET Regulator may take action under
9
Part 4 of the new law (which relates to the Regulator's powers to issue
10
and cancel VET qualifications and VET statements of attainment) in
11
respect of:
12
(a) an organisation that is taken to be an NVR registered training
13
organisation under this Schedule; or
14
(b) an organisation that is registered as an NVR registered
15
training organisation under the new law because of this
16
Schedule;
17
even though the organisation was not an NVR registered training
18
organisation at the time the events in respect of which action is to be
19
taken occurred.
20
30 Transitional regulations
21
(1)
The Governor-General may make regulations prescribing matters:
22
(a) required or permitted by this Schedule to be prescribed; or
23
(b) necessary or convenient to be prescribed for carrying out or
24
giving effect to this Schedule.
25
(2)
The regulations may prescribe matters of a transitional nature (including
26
matters of an application or saving nature):
27
(a) arising out of the enactment of the new law; or
28
(b) relating to the transition from the application of provisions of
29
laws of a referring State or Territory (as in force before the
30
relevant commencement day) relating to the regulation of the
31
VET sector to the application of provisions of the new law;
32
or
33
(c) relating to the transition from the application of provisions of
34
laws of a non-referring State (as in force before
35
Schedule 1 Transitional provisions
Part 8 Miscellaneous
34 National Vocational Education and Training Regulator (Transitional Provisions) Bill
2010 No. , 2010
commencement) relating to the regulation of the VET sector
1
to the application of provisions of the new law.
2
The regulations have effect despite anything else in this Act.
3
(3)
The regulations may provide that certain items of this Schedule are
4
taken to be modified as set out in the regulations. Those items then have
5
effect as if they were so modified.
6
(4)
Despite subsection 12(2) of the Legislative Instruments Act 2003,
7
regulations made under this item may be expressed to take effect from a
8
day before the regulations are registered under that Act.
9
(5)
Subitems (2) and (3) do not limit subitem (1).
10

 

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