Training and Tertiary Education Amendment Act 2014 (ACT)

Case

Training and Tertiary Education Amendment Act 2014

A2014-48

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Long title  2

5            PreliminaryChapter 1  2

6            Section 3  2

7           DictionarySection 4, note 1  3

8            Chapters 2 and 3  3

9            Work-related training and training contractsChapter 3A  4

10          New section 55AA  4

11          Training contracts for qualification or statement of attainmentSection 55D (2)  4

12          New section 55FA  5

13          Director-general may suspend, cancel or amend contractSection 55H (b)  5

14          Section 55I heading  5

15          Section 55I (4)  5

16          Chapters 4 and 5  5

17          GeneralChapter 6 heading  6

18          Visits to premisesPart 6.1  6

19          Section 99 heading  6

20          Section 99 (1)  6

21          Section 99 (4)  6

22          Section 99 (5)  6

23          New section 99 (6)  7

24          Visits by council—higher education provider premisesSection 100  7

25          Identity cardsSection 101 (1) and (2)  7

26          Section 101 (4)  7

27          Obstructing visits—council Section 103  7

28          Section 103A  8

29          Notification and review of decisionsPart 6.2  8

30          Reviewable decision noticesSection 105  9

31          Time for lodging ACAT review applications for s 55 and s 80 decisions—ACAT Act, s 11Section 107  9

32          Other provisionsPart 6.3  9

33          CRICOS approvalSection 108 (2), definition of CRICOS  9

34          Section 112  10

35          Regulation-making powerSection 113 (2)  10

36          Schedule 1  10

37          Dictionary, note 2  12

38          Dictionary, note 2  12

39          Dictionary, definitions of accredited course and accreditation               12

40          Dictionary, new definition of apprentice or trainee  12

41          Dictionary  12

42          Dictionary, new definition of Commonwealth Act  13

43          Dictionary  13

44          Dictionary, definition of employer  13

45          Dictionary  13

46          Dictionary, new definition of probationary period  14

47          Dictionary, definition of prohibition  14

48          Dictionary, definition of qualification  14

49          Dictionary, definition of registered  14

50          Dictionary, definition of registered training organisation  14

51          Dictionary  15

52          Dictionary, definition of RTO  15

53          Dictionary  15

54          Dictionary, definition of statement of attainment  15

55          Dictionary  16

56          Dictionary, definition of vocational education and training                   16

57          Dictionary, definition of vocational education and training course          16

58          Act—renumbering  16

59          Legislation repealed  17

Schedule 1 Consequential amendments  18

Part 1.1    ACT Teacher Quality Institute Regulation 2010              18

Part 1.2    Agents Regulation 2003  18

Part 1.3    Building and Construction Industry Training Levy Act 1999 19

Part 1.4    Children and Young People Act 2008  19

Part 1.5    Construction Occupations (Licensing) Act 2004            20

Part 1.6    Construction Occupations (Licensing) Regulation 2004    20

Part 1.7    Crimes (Child Sex Offenders) Act 2005  21

Part 1.8    Education Act 2004  22

Part 1.9    Electricity Feed-in (Renewable Energy Premium) Act 2008 23

Part 1.10   Food Act 2001  23

Part 1.11   Liquor Act 2010  24

Part 1.12   Long Service Leave (Portable Schemes) Act 2009          24

Part 1.13   Payroll Tax Act 2011  24

Part 1.14   Planning and Development Regulation 2008                 26

Part 1.15   Road Transport (Driver Licensing) Regulation 2000        26

Part 1.16   Security Industry Act 2003  27

Part 1.17   Security Industry Regulation 2003  27

Training and Tertiary Education Amendment Act 2014

A2014-48

An Act to amend the Training and Tertiary Education Act 2003, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Training and Tertiary Education Amendment Act 2014.

  2. Commencement

    This Act commences on the 14th day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Training and Tertiary Education Act 2003.

    Note 1This Act also amends other legislation (see sch 1).

    Note 2This Act also repeals other legislation (see s 59).

  4. Long title

    substitute

    An Act about vocational education and training, and for other purposes

  5. Preliminary
    Chapter 1

    renumber as part 1

  6. Section 3

    substitute

  7. Objects of Act

    The objects of this Act are to—

    (a)regulate apprenticeships and traineeships; and

    (b)support quality assurance and best management practices for vocational education and training; and

    (c)encourage awareness in the community of the need for, and to promote the development of, vocational education and training that is relevant to industry.

  8. Dictionary
    Section 4, note 1

    substitute

    Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

    For example, the signpost definition ‘registered training organisation (or RTO)—see the Commonwealth Act, section 3.’ means that the term ‘registered training organisation’ is defined in that section and the definition applies to this Act.

  9. Chapters 2 and 3

    substitute

Part 2Vocational education and training

  1. Functions of director-general

    The director-general has the following functions:

    (a)to inquire into, and advise the Minister on, issues about vocational education and training;

    (b)to facilitate recognition and quality assurance in the provision of vocational education and training;

    (c)to ensure a strong policy framework for the delivery of vocational education and training in the ACT;

    (d)to establish a simple, streamlined system for apprenticeships and traineeships;

    (e)any other function given to the director-general under this Act.

  2. Work-related training and training contracts
    Chapter 3A

    renumber as part 3

  3. New section 55AA

    insert

55AAProbationary period for training contract

(1)The director-general may determine a period of probation under a training contract (a probationary period).

Examples

1 A probationary period of 60 days may be determined for a 2-year traineeship.

2 A probationary period of 90 days may be determined for a 4-year apprenticeship.

Note 1Power to make a statutory instrument includes power to make different provisions in relation to different matters or different classes of matters (see Legislation Act, s 48).

Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2)A determination is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

  1. Training contracts for qualification or statement of attainment
    Section 55D (2)

    omit

    or the council

  2. New section 55FA

    insert

55FAEnding training contract during probationary period

(1)This section applies if—

(a)an employer and another person (an apprentice or trainee) have entered into an approved training contract; and

(b)a probationary period has been determined for the contract.

(2)The employer or the apprentice or trainee may end the contract before the end of the probationary period.

  1. Director-general may suspend, cancel or amend contract
    Section 55H (b)

    omit

    the trainee

    substitute

    the apprentice or trainee

  2. Section 55I heading

    substitute

55IDispute between employer and apprentice or trainee

  1. Section 55I (4)

    omit

  2. Chapters 4 and 5

    omit

  3. General
    Chapter 6 heading

    omit

  4. Visits to premises
    Part 6.1

    renumber as part 4

  5. Section 99 heading

    substitute

  6. Visits by director-general—RTO premises

  7. Section 99 (1)

    substitute

    (1)The director-general may give an RTO written notice that a person authorised by the director-general proposes to visit premises where the RTO is conducting, or proposing to conduct, training or assessment as part of a VET course.

    NoteRTO—see the dictionary.

  8. Section 99 (4)

    omit

    member, staff member or

  9. Section 99 (5)

    omit

    A member, staff member or

    substitute

    An

  10. New section 99 (6)

    after the note, insert

    (6)In this section:

    VET course—see the Commonwealth Act, section 3.

  11. Visits by council—higher education provider premises
    Section 100

    omit

  12. Identity cards
    Section 101 (1) and (2)

    omit

    relevant authority

    substitute

    director-general

  13. Section 101 (4)

    omit

  14. Obstructing visits—council
    Section 103

    omit

  15. Section 103A

    substitute

103AObstructing visits—director-general

(1)This section applies if the director‑general is satisfied that an employer or RTO—

(a)without reasonable excuse, obstructs or hinders a person entering premises or observing training under section 99 (4) (a) or (b) (Visits by director-general—RTO premises) or section 99A (4) (a) or (b) (Visits by director‑general—training contract premises); or

(b)refuses to give information, or gives information that the employer or RTO knows is false or misleading in response to a request under section 99 (4) (c) or section 99A (4) (c); or

(c)refuses to produce a document, or produces a document that the employer or RTO knows contains false or misleading information, in response to a request under section 99 (4) (d) or section 99A (4) (d).

(2)The director‑general may suspend or cancel the approval of, or amend, an approved training contract to which the employer is a party or under which the RTO delivers work-related training.

  1. Notification and review of decisions
    Part 6.2

    renumber as part 5

  2. Reviewable decision notices
    Section 105

    omit

    council or Minister

    substitute

    director-general

  3. Time for lodging ACAT review applications for s 55 and s 80 decisions—ACAT Act, s 11
    Section 107

    omit

  4. Other provisions
    Part 6.3

    renumber as part 6

  5. CRICOS approval
    Section 108 (2), definition of CRICOS

    omit

    section 10

    substitute

    section 14A

  6. Section 112

    substitute

  7. Approved forms

    (1)The director-general may approve forms for this Act.

    (2)If the director-general approves a form for a particular purpose, the form must be used for that purpose.

    NoteFor other provisions about forms, see the Legislation Act, s 255.

    (3)An approved form is a notifiable instrument.

    NoteA notifiable instrument must be notified under the Legislation Act.

  8. Regulation-making power
    Section 113 (2)

    omit

  9. Schedule 1

    substitute

Schedule 1Reviewable decisions

(see pt 6.2)

column 1

item

column 2

section

column 3

decision

column 4

entity
1 55B (1)
(Approval of training contract) 		refusing to approve a training contract applicant for approval
2 55B (3)

approving a training contract subject to conditions applicant for approval
3 55G (2) (a) (Party may ask for amendment) approving an amendment of an approved training contract each party to the contract
4 55G (2) (b)  refusing to approve an amendment of an approved training contract each party to the contract
5 55H (Director-general may suspend, cancel or amend contract) suspending or cancelling approval of a training contract each party to the contract
6 55H amending an approved training contract each party to the contract
7 55I (5) (a) (Dispute between employer and apprentice or trainee) making a finding of fact about a matter in relation to a training contract each party to the contract
8 55I (5) (b) amending an approved training contract each party to the contract
9 55I (5) (c) giving directions to a party to an approved training contract each party to the contract
10 103A (2)
(Obstructing visits—
director-general) 		suspending or cancelling approval of an approved training contract each party to the contract
11 103A (2) amending an approved training contract each party to the contract

  1. Dictionary, note 2

    omit

    ·     bankrupt or personally insolvent

    ·     corporation

  2. Dictionary, note 2

    omit

    ·     person

    substitute

    ·     person (see s 160)

  3. Dictionary, definitions of accredited course and accreditation

    omit

  4. Dictionary, new definition of apprentice or trainee

    insert

    apprentice or trainee means a person who undertakes an apprenticeship or traineeship under an approved training contract.

  5. Dictionary

    omit the definitions of

    AQF

    AQTF

    committee

  6. Dictionary, new definition of Commonwealth Act

    insert

    Commonwealth Act means the National Vocational Education and Training Regulator Act 2011 (Cwlth).

  7. Dictionary

    omit the definitions of

    compliance audit

    corresponding law

    council

    course accrediting body

  8. Dictionary, definition of employer

    substitute

    employer, for an apprentice or trainee, means the person who is obliged under a training contract to employ the apprentice or trainee.

  9. Dictionary

    omit the definitions of

    foreign university

    franchise arrangement

    higher education award

    higher education course

    higher education provider

    higher education standards

    jurisdiction

    legislative compliance standard

    ministerial council

    nationally endorsed

    national protocols

    national register

    national training framework

  10. Dictionary, new definition of probationary period

    insert

    probationary period—see section 55AA.

  11. Dictionary, definition of prohibition

    omit

  12. Dictionary, definition of qualification

    substitute

    qualification means a VET qualification under the Commonwealth Act.

  13. Dictionary, definition of registered

    omit

  14. Dictionary, definition of registered training organisation

    substitute

    registered training organisation (or RTO)—see the Commonwealth Act, section 3.

  15. Dictionary

    omit the definitions of

    registering body

    registration

    restriction

  16. Dictionary, definition of RTO

    substitute

    RTO—see registered training organisation.

  17. Dictionary

    omit the definitions of

    RTO standards

    scope of registration

    standards for accreditation of courses

    standards for registered training organisations

    standards for State and Territory registering and course accrediting bodies

  18. Dictionary, definition of statement of attainment

    substitute

    statement of attainment means a VET statement of attainment under the Commonwealth Act.

  19. Dictionary

    omit the definitions of

    trades and labour council

    trainee

    training package

    unit of competency

    university

    university advisory panel

  20. Dictionary, definition of vocational education and training

    substitute

    vocational education and training means the education and training and qualifications and statements of attainment under the vocational education and training provisions of the AQF, being the Australian Qualifications Framework under the Commonwealth Act, section 3.

  21. Dictionary, definition of vocational education and training course

    omit

  22. Act—renumbering

    renumber provisions when Act next republished under Legislation Act

  23. Legislation repealed

    The following legislation is repealed:

    ·     Training and Tertiary Education Regulation 2004 (SL2004‑22)

    ·     Training and Tertiary Education (Fees) Determination 2014 (DI2014-196)

    ·     Tertiary Accreditation and Registration Council Direction 2004 (No 1) (NI2004-470)

    ·     Training and Tertiary Education (Accreditation and Registration Council) Direction 2008 (No 1) (NI2008-59).


Schedule 1Consequential amendments

Part 1.1ACT Teacher Quality Institute Regulation 2010

[1.1]Section 7 (1) (c) (i)

substitute

(i)provided by a registered higher education provider; and

[1.2]Section 7 (2)

substitute

(2)In this section:

registered higher education provider—see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth), section 5.

Part 1.2Agents Regulation 2003

[1.3]Section 3, note 1

substitute

Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.

For example, the signpost definition ‘agent, for schedule 8 (Rules of conduct)—see schedule 8, section 8.1.’ means that the term ‘agent’ is defined in that section for schedule 8.

[1.4]Dictionary, definition of registered training organisation

substitute

registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

[1.5]Dictionary, definition of statement of attainment

substitute

statement of attainment means the VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth).

Part 1.3Building and Construction Industry Training Levy Act 1999

[1.6]Section 28 (4), definition of registered training organisation

substitute

registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

Part 1.4Children and Young People Act 2008

[1.7]Section 25 (3), definition of ACT education provider, paragraphs (c) to (e)

substitute

(c)a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3;

(d)a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth).

Part 1.5Construction Occupations (Licensing) Act 2004

[1.8]Section 55A (6), definition of registered training organisation

substitute

registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

Part 1.6Construction Occupations (Licensing) Regulation 2004

[1.9]Section 14 (6), definition of registered training organisation

substitute

registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

[1.10]Section 35 (3) (c) (iii) and (v)

omit

accredited course

substitute

VET course

[1.11]Section 35 (4), definition of accredited course

omit

[1.12]Section 35 (4), definition of relevant person

omit

accredited course

substitute

VET course

[1.13]Section 35 (4), definition of trainee, paragraph (b)

omit

an accredited course

substitute

a VET course

[1.14]Section 35 (4), new definition of VET course

insert

VET course—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

Part 1.7Crimes (Child Sex Offenders) Act 2005

[1.15]Section 124 (1) (s)

omit

work-related training contracts

substitute

approved training contracts

[1.16]Section 124 (2), definition of educational institutions for children, paragraph (b)

substitute

(b)a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3;

(c)a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth).

Part 1.8Education Act 2004

[1.17]Table 9A, items 3 to 7

substitute

3 a course of study leading to the completion of year 10 or year 12 a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), s 3
4 a VET course under the National Vocational Education and Training Regulator Act 2011 (Cwlth), s 3 a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), s 3
5 an accredited course under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth)

Part 1.9Electricity Feed-in (Renewable Energy Premium) Act 2008

[1.18]Section 5F (3), definition of educational institution

substitute

educational institution means—

(a)a government school or school-related institution established under the Education Act 2004, section 20; or

(b)a registered higher education provider under the National Vocational Education and Training Regulator Act 2011 (Cwlth).

[1.19]Section 5F (3), definition of higher education provider

omit

Part 1.10Food Act 2001

[1.20]Section 116, definition of registered training organisation

substitute

registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

[1.21]Section 116, definition of statement of attainment

before

training organisation

insert

registered

Part 1.11Liquor Act 2010

[1.22]Section 188, definition of registered training organisation

substitute

registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

Part 1.12Long Service Leave (Portable Schemes) Act 2009

[1.23]Schedule 1, section 1.1 (2) (e)

omit

under the Training and Tertiary Education Act 2003

substitute

under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3

Part 1.13Payroll Tax Act 2011

[1.24]Schedule 2, section 2.16 heading

substitute

2.16Exemption from tax—apprentices or trainees under approved training contracts

[1.25]Schedule 2, section 2.16 (1)

omit

a trainee

substitute

an apprentice or trainee

[1.26]Schedule 2, section 2.16 (1) and (2)

omit

the trainee

substitute

the apprentice or trainee

[1.27]Schedule 2, section 2.16 (3) (b) and (c)

omit

trainees

substitute

apprentices or trainees

[1.28]Schedule 2, section 2.16 (4), new definition of apprentice or trainee

insert

apprentice or trainee—see the Training and Tertiary Education Act 2003, dictionary.

NoteApprentice or trainee is defined as a person who undertakes an apprenticeship or traineeship under an approved training contract.

[1.29]Schedule 2, section 2.16 (4), definition of trainee and note

omit

Part 1.14Planning and Development Regulation 2008

[1.30]Section 108 (1) (a) (iii) and (iv) and note

substitute

(iii)a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3; or

(iv)a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth); and

[1.31]Section 108 (5), definitions of authorised and university

omit

Part 1.15Road Transport (Driver Licensing) Regulation 2000

[1.32]Section 62 (5), definition of registered training organisation

substitute

registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

Part 1.16Security Industry Act 2003

[1.33]Section 26 (5)

substitute

(5)In this section:

trainee means a person undertaking training under an approved training contract under the Training and Tertiary Education Act 2003.

Part 1.17Security Industry Regulation 2003

[1.34]Section 15

omit

under the Training and Tertiary Education Act 2003

substitute

under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 25 September 2014.

  2. Notification

    Notified under the Legislation Act on 6 November 2014.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Training and Tertiary Education Amendment Bill 2014, which was passed by the Legislative Assembly on 23 October 2014.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2014

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