Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021 (Vic)

Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021

No. 45 of 2021

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Foundation secondary courses and foundation secondary qualifications

3Powers of Authority

4Interpretation

5Application of Division

6Registration of education and training organisations

7Terms of registration

8Offence in relation to accredited courses

9Offence in relation to qualifications

10Application of Division in relation to work experience and structured workplace learning arrangements

11New section 6.1.52 inserted

Part 3—The Victorian Pathways Certificate, VCAL and the vocational major within the VCE

12Definitions

13Definitions

14Functions of Authority

15Interpretation

16Application of Division

17Terms of registration

18New sections 6.1.53 and 6.1.54 inserted

Part 4—Extension of the transition period from superseded training packages

19Registration conditions

20New section 4.3.17A inserted

21Review by VCAT

Part 5—Repeal of this Act

22Repeal of this Act

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Endnotes

1      General information

Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021

No. 45 of 2021

[Assented to 3 November 2021]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are to amend the Education and Training Reform Act 2006—

(a)to provide for new foundation secondary courses and foundation secondary qualifications; and

(b)to provide for transitional arrangements regarding the Victorian Pathways Certificate and the vocational major within the VCE; and

(c)to enable the Victorian Registration and Qualifications Authority to extend the 12 month period regarding an RTO's management of the transition from superseded training packages; and

(d)to provide VCAT with power to review a decision of the Victorian Registration and Qualifications Authority to extend the 12 month period regarding an RTO's management of the transition from superseded training packages.   

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. 

(2)If a provision of this Act does not come into operation before 1 September 2022, it comes into operation on that day.

Part 2—Foundation secondary courses and foundation secondary qualifications

3Powers of Authority

For section 2.5.5(3) of the Education and Training Reform Act 2006 substitute—

"(3)The Authority may license or permit a registered school or other body to provide—

(a)an accredited course owned by the Authority or in which the Authority has a proprietary interest; or

(b)a component of an accredited course owned by the Authority or in which the Authority has a proprietary interest.".

4Interpretation

(1)In section 4.1.1(1) of the Education and Training Reform Act 2006 insert the following definitions—

"foundation secondary course means a course pertaining to year 11 or 12 (other than a senior secondary course) leading to a foundation secondary qualification;

foundation secondary qualifications means qualifications described under Level 1 in the AQF;".

(2)In the definition of senior secondary course in section 4.1.1(1) of the Education and Training Reform Act 2006, for "or 12" substitute "or 12 (other than a foundation secondary course)".

5Application of Division

In section 4.3.9A of the Education and Training Reform Act 2006, for "courses and registered senior secondary qualifications" substitute "courses, registered senior secondary qualifications, accredited foundation secondary courses and registered foundation secondary qualifications".

6Registration of education and training organisations

In section 4.3.10(2) of the Education and Training Reform Act 2006, for "course or registered senior secondary qualification" substitute "course, registered senior secondary qualification, accredited foundation secondary course or registered foundation secondary qualification".

7Terms of registration

In section 4.3.12(1A), (5) and (6) of the Education and Training Reform Act 2006, after "course" insert "or an accredited foundation secondary course".

8Offence in relation to accredited courses

(1)In section 4.7.3 of the Education and Training Reform Act 2006, for "that person" substitute "that person, body or school".

(2)At the end of section 4.7.3 of the Education and Training Reform Act 2006 insert—

"(2)A person, body or school must not provide or offer to provide an accredited course leading to a foundation secondary qualification registered on the State Register unless that person, body or school is registered on the State Register as being authorised to provide the course.

Penalty:60 penalty units for a natural person and 300 penalty units for a body corporate.".

9Offence in relation to qualifications

(1)In section 4.7.9 of the Education and Training Reform Act 2006, for "that person" substitute "that person, body or school".

(2)At the end of section 4.7.9 of the Education and Training Reform Act 2006 insert—

"(2)A person, body or school must not award, confer or issue, or offer to award, confer or issue, a foundation secondary qualification registered on the State Register unless that person, body or school is registered on the State Register as being authorised to award, confer or issue the qualification.

Penalty:60 penalty units for a natural person and 300 penalty units for a body corporate.".

10Application of Division in relation to work experience and structured workplace learning arrangements

In section 5.4.2(1) and (2) of the Education and Training Reform Act 2006, for "secondary course" substitute "secondary course or an accredited foundation secondary course".

11New section 6.1.52 inserted

After section 6.1.51 of the Education and Training Reform Act 2006 insert—

"6.1.52   Transitional and savings provision—Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021—accreditation and registration of a course or part of a course

(1)Despite section 4.4.2(6), if, immediately before the commencement day, the Victorian Registration and Qualifications Authority decided to grant an application to accredit a course or part of a course under section 4.4.2, the Authority may, on and after the commencement day and before the relevant day, register the course or part of the course on the State Register as soon as practicable.

(2)In this section—

commencement day means the day on which Part 2 of the Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act2021 comes into operation;

relevant day means the day on which Part 3 of the Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021 comes into operation.".

Part 3—The Victorian Pathways Certificate, VCAL and the vocational major within the VCE

12Definitions

In section 1.1.3(1) of the Education and Training Reform Act 2006 insert the following definition—

"VPC means the Victorian Pathways Certificate;".

13Definitions

In paragraph (a) of the definition of course in section 2.5.1 of the Education and Training Reform Act 2006, for "VCE or VCAL" substitute "VCE, VCAL or the VPC".

14Functions of Authority

In section 2.5.3(2)(c) of the Education and Training Reform Act 2006, for "VCE, VCAL" substitute "VCE, VCAL, the VPC".

15Interpretation

In paragraph (b) of the definition of course in section 4.1.1(1) of the Education and Training Reform Act 2006, for "VCE or VCAL" substitute "VCE, VCAL or the VPC".

16Application of Division

For the example at the foot of section 4.3.9A of the Education and Training Reform Act 2006 substitute—

"Example

Senior secondary courses can include programs provided for the Victorian Certificate of Education (VCE), the Victorian Certificate of Applied Learning (VCAL) and the International Baccalaureate Diploma (IBD).

Foundation secondary courses can include programs provided for the Victorian Pathways Certificate (VPC).".

17Terms of registration

In section 4.3.12(5)(a) of the Education and Training Reform Act 2006, for "VCE or VCAL" substitute "VCE, VCAL or the VPC".

18New sections 6.1.53 and 6.1.54 inserted

After section 6.1.52 of the Education and Training Reform Act 2006 insert—

"6.1.53   Transitional and savings provision—Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021—registered school or other body licensed or permitted to provide VCAL

(1)If, immediately before the commencement day, the Victorian Curriculum and Assessment Authority licensed or permitted a registered school or other body to provide Foundation VCAL as an accredited senior secondary course under section 2.5.5(3), the registered school or other body is, on and after the commencement day, taken to be licensed or permitted by the Victorian Curriculum and Assessment Authority to provide—

(a)the VPC; and

(b)Foundation VCAL.

(2)If, immediately before the commencement day, the Victorian Curriculum and Assessment Authority licensed or permitted a registered school or other body to provide Intermediate or Senior VCAL as an accredited senior secondary course under section 2.5.5(3), the registered school or other body is, on and after the commencement day, taken to be licensed or permitted by the Victorian Curriculum and Assessment Authority to provide—

(a)the vocational major within the VCE; and

(b)Intermediate or Senior VCAL (as the case requires).

(3)In this section—

commencement day means the day on which Part 3 of the Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act2021 comes into operation;

vocational major within the VCE means a program of study within the VCE specified on the certificate issued to recognise the completion of the VCE.

6.1.54Transitional and savings provision—Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021—person, body or school registered with respect to VCAL

(1)If, immediately before the commencement day, the Victorian Registration and Qualifications Authority registered a person, body or school on the State Register with respect to Foundation VCAL as an accredited senior secondary course or a registered senior secondary qualification under section 4.3.10, the person, body or school is, on and after the commencement day, taken to be registered by the Victorian Registration and Qualifications Authority with respect to—

(a)the VPC; and

(b)Foundation VCAL.

(2)If, immediately before the commencement day, the Victorian Registration and Qualifications Authority registered a person, body or school on the State Register with respect to Intermediate or Senior VCAL as an accredited senior secondary course or a registered senior secondary qualification under section 4.3.10, the person, body or school is, on and after the commencement day, taken to be registered by the Victorian Registration and Qualifications Authority with respect to—

(a)the VCE; and

(b)Intermediate or Senior VCAL (as the case requires).

(3)Subject to subsection (4) and for the purposes of subsections (1) and (2), the registration of a person, body or school continues, on and after the commencement day, subject to the terms of registration under section 4.3.12 that applied immediately before the commencement day until the registration is suspended, cancelled or expires (whichever occurs first).

(4)If, on or after the commencement day and before 31 December 2024, the term of registration of a person or body under section 4.3.12(1) is due to expire, the Victorian Registration and Qualifications Authority may, on and after the commencement day, on the written request of the person or body (as the case requires), extend the registration for a period not exceeding 5 years unless sooner suspended or cancelled.

(5)For the purposes of subsection (4), if a person or body makes a written request under subsection (4) on or after the commencement day and before 31 December 2024, the registration of the person or body (as the case requires) remains in force pending a decision by the Victorian Registration and Qualifications Authority to extend the registration. 

(6)Despite section 4.3.12(5)(a), if—

(a)immediately before the commencement day, a school referred to under subsection (1) or (2) was registered under section 4.3.10 with respect to an accredited senior secondary course; and

(b)on or after the commencement day, the Victorian Curriculum and Assessment Authority withdraws its acceptance under section 4.3.12(5)(a) with respect to one of the accredited senior secondary courses or accredited foundation secondary courses for which the school is taken to be registered—

the school's registration with respect to an accredited senior secondary course or an accredited foundation secondary course (as the case requires) that is not the subject of Victorian Curriculum and Assessment Authority's withdrawal of acceptance is, on and after the commencement day, taken not to be cancelled and remains in force until the registration is suspended or expires (whichever occurs first).

(7)In this section—

commencement day means the day on which Part 3 of the Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act2021 comes into operation.".

Part 4—Extension of the transition period from superseded training packages

19Registration conditions

For section 4.3.17(2)(a) of the Education and Training Reform Act 2006 substitute—

"(a)subject to section 4.3.17A, the RTO must comply with requirements stated to apply to an RTO under the RTO standards;".

20New section 4.3.17A inserted

After section 4.3.17 of the Education and Training Reform Act 2006 insert—

"4.3.17A   The Authority may extend the 12 month period regarding an RTO's management of the transition from superseded training packages

(1)For the purposes of enabling an RTO to comply with the requirements stated to apply to the RTO under the RTO standards, the Authority may extend the 12 month period referred to in Condition 9 of the AQTF 2010 Essential Conditions and Standards for Continuing Registration regarding an RTO's management of the transition from superseded training packages.

(2)For the purposes of subsection (1), the Authority may extend the 12 month period on its own initiative or on an application from an RTO or an interested party.

(3)An application referred to under subsection (2) must be—

(a)made in the form approved by the Authority; and

(b)accompanied by the relevant fee fixed by the Minister.

(4)The applicant must give the Authority any further information it requires to investigate and decide the application.

(5)The Authority must not extend the 12 month period unless it is satisfied that—

(a)there would be a disadvantage to vocational education and training students if the Authority did not extend the 12 month period; or

(b)exceptional circumstances exist.

(6)If the Authority decides to extend the 12 month period, either as a result of an application or on its own initiative, the Authority must ensure that details of the extension are published as soon as practicable in the Government Gazette and on the Authority's website. 

(7)A decision made by the Authority to extend the 12 month period under this section applies to all RTOs that include the relevant superseded qualification in the RTOs' scope of registration as a result of the superseded training package.

(8)In this section—

AQTF 2010 Essential Conditions and Standards for Continuing Registration means the AQTF 2010 Essential Conditions and Standards for Continuing Registration as endorsed by the Ministerial Council on 9 June 2010 and as amended from time to time by the Ministerial Council;

interested party includes an industry group or a training provider but does not include a vocational education and training student or group of vocational education and training students.".

21Review by VCAT

After section 4.8.1(d) of the Education and Training Reform Act 2006 insert—

"(da)to extend the 12 month period regarding an RTO's management of the transition from superseded training packages as a result of an application made in accordance with section 4.3.17A; or".

Part 5—Repeal of this Act

22Repeal of this Act

This Act is repealed on 1 September 2023.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 15 September 2021

Legislative Council: 14 October 2021

The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Training Reform Act 2006 and for other purposes."