Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Vocational Education and
Training Regulator (Data Streamlining)
Amendment Bill 2023
No. , 2023
(Employment and Workplace Relations)
A Bill for an Act to amend the National Vocational
Education and Training Regulator Act 2011, and for
related purposes
No. , 2023
National Vocational Education and Training Regulator (Data
Streamlining) Amendment Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
National Vocational Education and Training Regulator Act 2011
3
National Vocational Education and Training Regulator (Transitional
Provisions) Act 2011
6
No. , 2023
National Vocational Education and Training Regulator (Data
Streamlining) Amendment Bill 2023
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 (Data Streamlining) Amendment Act 2023
.
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 (Data
Streamlining) Amendment Bill 2023
No. , 2023
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
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
Amendments
Schedule 1
No. , 2023
National Vocational Education and Training Regulator (Data
Streamlining) Amendment Bill 2023
3
Schedule 1--Amendments
1
2
National Vocational Education and Training Regulator Act
3
2011
4
1 Section 3
5
Insert:
6
National VET data system
has the meaning given by
7
subsection 214B(5).
8
VET data system
has the meaning given by subsection 214B(4).
9
2 Subsection 187(1)
10
Omit ", as agreed by the Ministerial Council", substitute:
11
that:
12
(a) have been agreed by the Ministerial Council; or
13
(b) if the Ministerial Council has agreed that a specified kind of
14
requirement may be endorsed by a specified person or body
15
by means of a specified procedure in specified circumstances
16
(if any)--are of the specified kind and have been endorsed by
17
the specified person or body by means of the specified
18
procedure in the specified circumstances (if any).
19
3 After subsection 187(1)
20
Insert:
21
(1A) Without limiting subsection (1), the legislative instrument may
22
make requirements that depend on the making of a decision of an
23
administrative character by the National VET Regulator.
24
(1B) To avoid doubt, the reference to person in paragraph (1)(b)
25
includes a person from time to time holding, occupying or
26
performing the duties of a specified office or position, even if the
27
office or position does not come into existence until after the
28
Ministerial Council's agreement is given.
29
Schedule 1
Amendments
4
National Vocational Education and Training Regulator (Data
Streamlining) Amendment Bill 2023
No. , 2023
4 Section 191
1
After "of this Act", insert "or an instrument made under this Act".
2
5 Subsection 210A(1)
3
After "that body", insert "or (in the case of the Department) of
4
section 210B".
5
6 Section 210B (heading)
6
After "
Disclosure
", insert "
and release
".
7
7 Subsection 210B(2)
8
Omit "purposes of the Department", substitute "purposes of this Act, of
9
the Department, or (in the case of disclosure to a Commonwealth
10
authority) of that authority".
11
8 At the end of section 210B
12
Add:
13
Release of information to the public
14
(4) The Secretary may release the information to the public to the
15
extent that the information is of a kind the release of which:
16
(a) has been agreed to by the Ministerial Council; or
17
(b) if the Ministerial Council has agreed that a specified person
18
or body may endorse the release of kinds of information by
19
means of a specified procedure in specified circumstances (if
20
any)--has been endorsed by the specified person or body by
21
means of the specified procedure in the specified
22
circumstances (if any).
23
(5) Subsection (4) does not authorise the release of personal
24
information, unless the personal information is the name of a
25
registered training organisation.
26
9 At the end of Division 2 of Part 9
27
Add:
28
Amendments
Schedule 1
No. , 2023
National Vocational Education and Training Regulator (Data
Streamlining) Amendment Bill 2023
5
Subdivision E--VET data systems
1
214B Collection, use or disclosure of information
2
(1) The collection, use or disclosure of information for the purposes of
3
designing, building, operating, maintaining or testing a VET data
4
system in circumstances specified in a legislative instrument under
5
subsection (2) is authorised by this Act.
6
(2) For the purposes of subsection (1), the Secretary may, by
7
legislative instrument, make a determination specifying
8
circumstances as the Secretary considers appropriate.
9
(3) The determination can only specify circumstances in respect of a
10
VET data system that is not a National VET data system if the
11
Secretary considers that specifying the circumstances is for the
12
purpose of facilitating the provision of data in accordance with the
13
Data Provision Requirements, or any equivalent requirements in a
14
non-referring State.
15
(4) A
VET data system
is a computer system used by one or more of
16
the following to collect, store and manage information collected in
17
accordance with the Data Provision Requirements, or any
18
equivalent requirements in a non-referring State:
19
(a) the Department;
20
(b) VET Regulators;
21
(c) State or Territory authorities (other than VET Regulators)
22
that deal with, or have responsibility for, matters relating to
23
VET;
24
(d) the National Centre for Vocational Education Research;
25
(e) registered training organisations.
26
(5) A
National VET data system
is a VET data system operated and
27
maintained by either of the following, or under contracts to which
28
either of the following is a party:
29
(a) the Commonwealth;
30
(b) if a notifiable instrument is in force under subsection (6)--
31
the National Centre for Vocational Education Research.
32
Schedule 1
Amendments
6
National Vocational Education and Training Regulator (Data
Streamlining) Amendment Bill 2023
No. , 2023
(6) The Secretary may, by notifiable instrument, specify the National
1
Centre for Vocational Education Research for the purposes of
2
paragraph (5)(b).
3
National Vocational Education and Training Regulator
4
(Transitional Provisions) Act 2011
5
10 In the appropriate position
6
Insert:
7
Schedule 6--Transitional provisions relating
8
to the National Vocational Education
9
and Training Regulator (Data
10
Streamlining) Amendment Act 2023
11
12
1 Definitions
13
In this Schedule:
14
Amending Act
means the
National Vocational Education and Training
15
Regulator (Data Streamlining) Amendment Act 2023
.
16
commencement time
means the time at which Schedule 1 to the
17
Amending Act commences.
18
Principal Act
means the
National Vocational Education and Training
19
Regulator Act 2011
.
20
2 Application of amendments
21
The amendments to sections 210A and 210B of the Principal Act made
22
by Schedule 1 to the Amending Act apply to the use, disclosure or
23
release of information on or after the commencement time, regardless of
24
whether the information was collected before, on or after the
25
commencement time.
26
3 Saving of Data Provision Requirements
27
Requirements made under subsection 187(1) of the Principal Act that
28
were in force immediately before the commencement time continue in
29
force (and may be dealt with) as if they had been made under that
30
subsection as amended by the Amending Act.
31