Training Legislation Amendment and Repeal Act 2008 (WA)

Western Australia

Training Legislation Amendment and Repeal

Act 2008

Western Australia

Training Legislation Amendment and Repeal

Act 2008

CONTENTS

Part 1 — Preliminary matters

1.	Short title	2
2.	Commencement	2
Part 2 — *Vocational Education and*

Training Act 1996 amended

3.	Act amended	3
4.	Long title amended	3
5.	Section 4 amended	3
6.	Section 5 amended	4
7.	Section 6 replaced	6

6. Vocational education and training provided

by a school or university

8.	Part 2 Division 1A inserted	7
Division 1A — VET (WA) Ministerial Corporation

7A.	Body corporate continued	7
7B.	Status and purpose	7
7.	Execution of documents	8

9.	Section 7 deleted	9
10.	Section 8 amended	9
11.	Section 9 amended	10
12.	Section 11 amended	11
13.	Section 12 amended	11
14.	Section 13 amended	11
15.	Sections 15 and 16 deleted	11
16.	Section 17B amended	12

Training Legislation Amendment and Repeal Act 2008

Contents

17.	Section 19 amended	12
18.	Section 21 amended	13
19.	Section 23 replaced	14

23.

Committees of the Board

20.	Part 4 Division 1 heading deleted	14
21.	Section 25 amended	14
22.	Section 26 amended	15
23.	Section 27 replaced	15

27.

Functions of the Council

24.	Section 28 amended	15
25.	Section 29 replaced	15

29.

Committees of the Council

26.

Part 4 Division 2 replaced

31.

Council may provide information to others

27.	Section 37 amended	16
28.	Section 42 amended	19
29.	Section 43 replaced	19

43.

Strategic plans

30.

Section 44A inserted

44A.

Annual business plans

31.

Sections 48, 49 and 50 replaced

48.	Funds of a college	21
49.	Use of a college’s funds	21
50.	College accounts	22

32.	Section 52 amended	22
33.	Section 53 replaced	22

53. Minister may direct transfer of college’s

funds

34.	Section 54 amended	23
35.	Section 55 amended	23
36.	Part 5 Division 5 inserted	23
Division 5 — Miscellaneous matters

57A.

Closure of college, consequences of

37.	Section 57 amended	25
38.	Part 7A inserted	25
Part 7A — Regulation of the provision of some

vocational education and training

Division 1 — General matters

58A.	Offences	25
58B.	Council may register training providers	27
58C.	Council may accredit courses	27
58D.	Council may inquire into training providers
and courses	28

Training Legislation Amendment and Repeal Act 2008

Contents

58E.	Council may cancel certain qualifications	28
58F.	When Council’s decisions have effect	29

Division 2 — Appeals against the Council’s

decisions

58G.	Appeals against the Council’s decisions	30
58H.	Board to establish review panels	30
58I.	Reference back to Council	31
58J.	Determination of appeal	31

Division 3 — Miscellaneous matters

58.

Regulations for this Part

39.	Part 7 replaced	34
Part 7 — Obtaining prescribed VET qualifications

and approved VET qualifications

Division 1 — Preliminary matters

60A.	Terms used in this Part	34
60B.	Inconsistency with industrial relations
laws, awards etc.	35
60C.	Classification of prescribed VET
qualifications	35
60D.	Offences	37

Division 2 — Qualifying by doing an apprenticeship

60E.	Training contracts	37
60F.	Registration of training contracts	38
60G.	Terminating training contracts	40
60H.	Consequences of training contracts
ceasing to have effect	41

Division 3 — Qualifying by demonstrating

competence

60I.

Conferring prescribed VET qualifications

to competent persons

Division 4 — Miscellaneous matters

60.

Regulations for this Part

40.	Part 8A inserted	44
Part 8A — Enforcement matters

61A.	VET inspectors, appointment of	44
61B.	VET inspectors’ powers	45
61C.	Entry warrant for a place	46
61D.	Consequences of investigations	48
61.	Evidentiary matters	48

41.	Section 63 amended	49
42.	Sections 65 and 66 deleted	49
43.	Section 67 amended	49
44.	Section 68 replaced	50

68.

Transitional provisions (Sch. 2)

Training Legislation Amendment and Repeal Act 2008

Contents

45.

Section 69 replaced

69.

Transitional regulations

46.

Sections 70, 71 and 72 replaced

70.

Review of Act

47.	Schedule 1 amended	52
48.	Schedule 2 replaced	52
Schedule 2 — Transitional provisions

1. Provisions relating to repeal of Industrial

Training Act 1975

49.	Schedules 3 and 4 deleted	52
Part 3 — *Industrial Training Act 1975*

repealed

Division 1 — Act repealed

50.	Act repealed	53
Division 2 — Consequential amendments
51.	Coal Industry Tribunal of Western Australia
Act 1992 amended	53
52.	Curriculum Council Act 1997 amended	53
53.	Industrial Relations Act 1979 amended	54
54.	Long Service Leave Act 1958 amended	57
55.	Mines Safety and Inspection Act 1994 amended	57
56.	Minimum Conditions of Employment Act 1993
amended	58
57.	Occupational Safety and Health Act 1984 amended	59
58.	Painters’ Registration Act 1961 amended	60
59.	Pay-roll Tax Assessment Act 2002 amended	60
60.	Retail Trading Hours Act 1987 amended	61
61.	School Education Act 1999 amended	61

Western Australia

Training Legislation Amendment and Repeal

Act 2008

No. 44 of 2008

An Act —

•	to amend the **Vocational Education and Training Act 1996; and**
•	to repeal the *Industrial Training Act 1975*,

and, as a consequence, to amend various Acts, and for related

purposes.

[Assented to 10 December 2008]

The Parliament of Western Australia enacts as follows:

Training Legislation Amendment and Repeal Act 2008

Part 1	Preliminary matters
s. 1
Part 1 — Preliminary matters

1. Short title

This is the Training Legislation Amendment and Repeal

Act 2008.

2. Commencement

(1)	This Act comes into operation as follows —

(a)	Part 1 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

(2)	Despite subsection (1), if at the end of the period of 6 months beginning on the day on which this Act receives the Royal Assent a day has not been fixed under subsection (1)(b) in respect of a provision, that provision comes into operation on the day after the last day of that period.

Training Legislation Amendment and Repeal Act 2008

Vocational Education and Training Act 1996 amended

Part 2

s. 3

Part 2 — Vocational Education and Training Act 1996

amended

3. Act amended

This Part amends the Vocational Education and Training

Act 1996.

4. Long title amended

In the long title delete the passage that begins with “to repeal”

and ends with “other Acts,” and insert:

to provide for the training of people, such as apprentices,

under training contracts with employers,

5. Section 4 amended

In section 4:

(a)	delete “are — ” and insert:

are as follows —

(b)

delete paragraph (b) and insert:

(b)	to provide for the registration of some providers of vocational education and training and the accreditation of some vocational education and training courses;

(c)

in paragraph (e) delete “training; and” and insert:

training;

Training Legislation Amendment and Repeal Act 2008

Part 2	Vocational Education and Training Act 1996 amended
s. 6

(d)	in paragraph (f) delete “State.” and insert:

State;

(e)

after paragraph (f) insert:

(g)	to provide for people, such as apprentices, to be trained for some occupations under training contracts with employers.

6. Section 5 amended

(1)	In section 5(1) delete these definitions:
*accredited*
*chief executive*
*course*
*department*
*public training provider*
*registered training provider*
*Resource Agreement*
*skills training programme*
*State Training Profile*
*training provider*
*training scheme*
(2)	In section 5(1) insert in alphabetical order:

account, of a college, means the college’s account

established under section 50;

approved VET course means a VET course that —

(a)	is accredited by the Council under Part 7A; or
(b)	is accredited under a corresponding law; or
(c)	is prescribed by the regulations;

approved VET qualification means a document, other

than a prescribed VET qualification, that certifies that a

Training Legislation Amendment and Repeal Act 2008

Vocational Education and Training Act 1996 amended

Part 2

s. 6

person has successfully completed an approved VET

course or a part of an approved VET course;

chief executive means the chief executive officer of the

department of the Public Service principally assisting

the Minister to administer the provision in which the

term chief executive is used;

corresponding law means a law of another State or a

Territory that relates to vocational education and

training and that is prescribed to be a corresponding

law;

prescribed VET qualification means a document that

certifies that a person has a qualification of a

prescribed type;

private training provider means a training provider

who or which is not a public training provider;

public training provider means —

(a)	a college or other vocational education and training institution; or
(b)	a school or university that provides a VET course under an approval given under section 6;

registered training provider means a training provider

registered —

(a)	by the Council under Part 7A; or

(b) under a corresponding law;

school has the meaning given to that term in the School

Education Act 1999 section 4;

State Training Plan means a plan, approved by the

Minister, that sets out for a period —

(a)	the training needs of the State’s various industries in the period; and
(b)	how those needs should be met in the period by registered training providers, using funds provided under this Act; and

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Part 2

Vocational Education and Training Act 1996 amended

s. 7

(c)	any other matters required in the plan by any direction given under section 11;

training provider means a person who or which

provides vocational education and training;

university means a university established under a

written law;

VET course means a course of study or training or

both study and training in which vocational education

and training is provided;

VET inspector means a person appointed under

section 61A(2);

(3)	In section 5(1) in the definition of *vocational education and* *training* —

(a)	delete “post-compulsory”;
(b)	delete “secondary”.

(4)	In section 5(2) delete “Profile” and insert:
Plan

7. Section 6 replaced

Delete section 6 and insert:

6. Vocational education and training provided by a school or university

(1)	The Minister may, for the purposes of this Act, approve a specified course or programme, or class of course or programme, provided by a specified school or university.

Training Legislation Amendment and Repeal Act 2008

Vocational Education and Training Act 1996 amended

Part 2

s. 8

(2)

Any course or programme so approved is within the definition of “vocational education and training” in section 5(1).

(3)

The power conferred by subsection (1) may only be

exercised with the concurrence of —

(a)	in the case of a school — the Minister administering the School Education Act 1999;
(b)	in the case of a university — the Minister administering the written law that establishes the university.

8. Part 2 Division 1A inserted

At the beginning of Part 2 insert:

Division 1A — VET (WA) Ministerial Corporation

7A.

Body corporate continued

(1)	The body corporate called the “Minister for Training”, established previously under this Act, continues under the name “VET (WA) Ministerial Corporation”.
(2)	VET (WA) Ministerial Corporation is a body corporate with perpetual succession.
(3)	Proceedings may be taken by or against VET (WA) Ministerial Corporation in its corporate name.
(4)	VET (WA) Ministerial Corporation is to be governed by the Minister.

7B.

Status and purpose

(1)	VET (WA) Ministerial Corporation (the *corporation*) is an agent of the State and has the status, immunities, and privileges of the State.

Training Legislation Amendment and Repeal Act 2008

Part 2	Vocational Education and Training Act 1996 amended
s. 8

(2)	The corporation has power —

(a)	to enter into any contract that the Minister, under this Act, has power to enter into; and
(b)	to acquire, hold and dispose of any property that the Minister, under this Act, has power to acquire, hold and dispose of.

(3)	Despite the employment under the Public Sector Management Act 1994 of ministerial officers for the purpose of assisting the Minister to perform functions that the Minister performs through the corporation, the corporation and those officers are not an organisation for the purposes of that Act.

7. Execution of documents

(1)

VET (WA) Ministerial Corporation (the corporation)

is to have a common seal.

(2)

A document is duly executed by the corporation if —

(a)	the corporation’s common seal is affixed to it in accordance with subsections (3) and (4); or
(b)	it is signed on behalf of the corporation by the Minister; or
(c)	it is signed on behalf of the corporation by the chief executive, or another person, authorised under subsection (5).

(3)

The corporation’s common seal is not to be affixed to a

document except as authorised by the corporation.

(4)

The corporation’s common seal is to be affixed to a

document in the presence of the Minister, and the

Minister is to sign the document to attest that the

common seal was so affixed.

(5)

The corporation, in writing under its common seal, may authorise the chief executive or other person to

Training Legislation Amendment and Repeal Act 2008

Vocational Education and Training Act 1996 amended

Part 2

s. 9

sign documents on its behalf, either generally or

subject to conditions or restrictions specified in the

authorisation.

(6)	A document executed by the chief executive or other person under this section without the common seal of the corporation is not to be regarded as a deed unless it
is executed as a deed as authorised under subsection (5).
(7)	A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown.
(8)	If a document bears a seal purporting to be the common seal of the corporation, it is to be presumed that the seal is the common seal of the corporation until the contrary is shown.

9. Section 7 deleted

Delete section 7.

10. Section 8 amended

(1)	In section 8:

(a)	delete “The functions of the Minister are —” and insert:

(1)	The main functions of the Minister are as follows —

(b)

delete paragraph (b) and insert:

(b)	to ensure as far as practicable that the needs set out in the State Training Plan are provided by a combination of —

(i) public training providers, whether or not under contracts with the Minister; and

Training Legislation Amendment and Repeal Act 2008

Part 2	Vocational Education and Training Act 1996 amended
s. 11

(ii) private training providers under

contracts with the Minister;

(c)	in paragraph (c) delete “Act; and” and insert:

Act;

(2)

At the end of section 8 insert:

(2)

The Minister from time to time must require the Board

to give the Minister a draft State Training Plan for a

period specified by the Minister.

(3)

The Minister may approve any draft State Training

Plan or refuse to approve it and require the Board to

prepare another or an amended draft.

11. Section 9 amended

(1)	In section 9(2):

(a)

delete paragraph (a);

(b)

delete paragraph (d) and insert:

(d)	after publicly inviting tenders or expressions of interest to provide vocational education and training, enter into contracts with training providers under which the training providers provide vocational education and training or services related to vocational education and training;

(c)

in paragraph (e) after “persons” insert:

for and

Training Legislation Amendment and Repeal Act 2008

Vocational Education and Training Act 1996 amended	Part 2
s. 12

(d)	in paragraph (h) delete “knowledge and”;
(e)	in paragraph (h) delete “copyright and other”.

(2)	In section 9(3) after “subsection (2)(d),” insert:
(e),

12. Section 11 amended

In section 11(4):

(a)	in paragraph (a) delete “Division 2 of Part 4; or” and insert:

Part 7A Division 2; or

(b)	in paragraph (b) delete “section 27(1).” and insert:

Part 7A Division 1.

13. Section 12 amended

In section 12(1) delete “secondary”.

14. Section 13 amended

In section 13(3) delete “Division 2 of Part 4; or” and insert:

Part 7A Division 2; or

15. Sections 15 and 16 deleted

Delete sections 15 and 16.

Training Legislation Amendment and Repeal Act 2008

Part 2	Vocational Education and Training Act 1996 amended
s. 16

16. Section 17B amended

(1)	In section 17B(1) delete “an operating account approved by the Treasurer —” and insert:

an agency special purpose account established under

the Financial Management Act 2006 section 16 —

(2)	In section 17B(2) delete “the operating” and insert:
that
(3)	Delete section 17B(3).

17. Section 19 amended

After section 19(3) insert:

(4A)	The Board’s members must include —

(a)	at least one person experienced in employers’ interests; and
(b)	at least one person experienced in workers’ interests.

(4B)

For the purpose of complying with subsection (4A)(a),

the Minister, in writing, may request the body called

the Chamber of Commerce and Industry of Western

Australia (Inc.) to give the Minister in accordance with

the request the name of one or more (as is specified in

the request) persons each of whom has the required

experience and is willing to act as a member.

(4C)

For the purpose of complying with subsection (4A)(b),

the Minister, in writing, may request the body called

UnionsWA to give the Minister in accordance with the

request the name of one or more (as is specified in the

Training Legislation Amendment and Repeal Act 2008

Vocational Education and Training Act 1996 amended	Part 2
s. 18

request) persons each of whom has the required

experience and is willing to act as a member.

18. Section 21 amended

(1)	In section 21(1):

(a)	delete “Board are —” and insert:

Board are as follows —

(b)

delete paragraphs (a) and (b) and insert:

(a)

to give the Minister a draft State Training Plan as and when required by the Minister;

(b)

to recognise various industry training advisory bodies as bodies from which the Board takes advice for the purpose of drafting a State Training Plan or making recommendations to the Minister under Part 7;

(ca)

to make recommendations that are required or

permitted to be made by it to the Minister under

Part 7;

(c)

delete paragraph (c) and insert:

(c)	to prepare, for consideration by the Minister, policy which aims to improve the links between specific industry developments and vocational education and training so as to gain optimum employment opportunities for people, and ensure the availability of appropriately skilled labour, in the State;

Training Legislation Amendment and Repeal Act 2008

Part 2	Vocational Education and Training Act 1996 amended
s. 19

(d)

delete paragraph (d) and “and” after it and insert:

(d)	to perform the functions it has under Part 7A Division 2;

19. Section 23 replaced

Delete section 23 and insert:

23. Committees of the Board

(1)	The Board may appoint committees to assist it to perform its functions, and may abolish or alter any committee it has appointed.
(2)	A committee may include people who are not members of the Board but must include at least one member of the Board.
(3)	The Board may by resolution delegate to a committee, either generally or as otherwise provided in the resolution, any of the Board’s functions under this Act other than this power of delegation.
(4)	A committee may determine its own procedures but they must be consistent with any directions of the Board and the terms of any delegation under which the committee is acting.

20. Part 4 Division 1 heading deleted

Delete the heading to Part 4 Division 1.

21. Section 25 amended

Delete section 25(3) and insert:

(3)	The Minister must not appoint a person as a member of the Council unless satisfied the person has expertise,

Training Legislation Amendment and Repeal Act 2008

Vocational Education and Training Act 1996 amended	Part 2
s. 22

qualifications or experience relevant to the Council’s

functions.

22. Section 26 amended

After section 26(2) insert:

(3)	The chief executive must provide staff, services and facilities to enable the Council to perform its functions.

23. Section 27 replaced

Delete section 27 and insert:

27. Functions of the Council

(1)

The functions of the Council are set out in this Part and

Part 7A.

(2)

The Council may do all things necessary or convenient to be done for or in connection with the performance of its functions.

24. Section 28 amended

In section 28 after “person,” insert:

including a committee appointed under section 29,

25. Section 29 replaced

Delete section 29 and insert:

29. Committees of the Council

(1)	The Council may appoint committees to assist it to perform its functions, and may abolish or alter any committee it has appointed.

Training Legislation Amendment and Repeal Act 2008

Part 2	Vocational Education and Training Act 1996 amended
s. 26

(2)

A committee may include people who are not members of the Council but must include at least one member of the Council.

(3)

A committee may determine its own procedures but

they must be consistent with any directions of the

Council and the terms of any delegation under which

the committee is acting.

26. Part 4 Division 2 replaced

Delete Part 4 Division 2 and insert:

31. Council may provide information to others

(1)

The Council may provide information received by it in the course of performing its functions to any person it thinks fit.

(2)

Information provided under this section may be

provided subject to any conditions the Council decides.

27. Section 37 amended

(1)	At the beginning of section 37 insert:

(1A)

In this section —

business arrangement has the meaning given in

section 9(4);

participate has the meaning given in section 9(4).

(2)	In section 37(1):

(a)	delete “college are —” and insert:

college are as follows —

Training Legislation Amendment and Repeal Act 2008

Vocational Education and Training Act 1996 amended	Part 2
s. 27

(b)

delete paragraphs (a) and (b) and insert:

(a)	to provide vocational education and training;

(ba)

to tender for and enter into contracts for the provision by it of vocational education and training;

(bb)

to provide vocational education and training on

a fee for service basis;

(b)

to confer awards and, if it is a registered training provider and, under the terms of its registration as such, authorised to do so —

(i) approved VET qualifications; and

(ii) prescribed VET qualifications;

(ca)

to provide, for a fee or otherwise, or enter into contracts to provide, products, consultancy or other services in the course of, or incidental to,

the provision by the college of vocational

education and training;

(c)

after paragraph (c) insert:

(da)	to turn to account the vocational education and training expertise of the college by means of the sale of services and the commercial exploitation of intellectual property, including the assignment and licensing of such property;

(d)

after paragraph (d) insert:

(ea)	to provide adult and community education;

(e)

in paragraph (e) after “services to” insert:

its

Training Legislation Amendment and Repeal Act 2008

Part 2	Vocational Education and Training Act 1996 amended
s. 27

(f)

delete paragraph (f) and insert:

(fa)

to provide housing for its staff, and residential

accommodation for its students;

(fb)

with the approval of the Minister, to establish

and maintain branches of the college at such

places in the State as its governing council

thinks fit;

(f)	with the approval of the Minister, on terms and conditions approved by the Treasurer, to participate in business arrangements relating to the provision of vocational education and training;

(g)	in paragraph (g) delete “activities, including the provision of adult and community education,” and insert:

activities

(h)

delete paragraph (h) and “and” after it and insert:

(h)	to provide education on behalf of another educational institution;

(i) delete paragraph (i) and insert:

(i)	to perform any function prescribed.

(3)

Delete section 37(2) and insert:

(2)	A college must perform its functions in accordance with its strategic plan last approved under section 43 and its business plan last approved under section 44A.

Training Legislation Amendment and Repeal Act 2008

Vocational Education and Training Act 1996 amended	Part 2
s. 28

(4)

In section 37(3) delete “under section 43(2)(f).” and insert:

in which the college participates under subsection (1)(f).

(5)

Delete section 37(4) and insert:

(4)	The power conferred by subsection (1)(f) is not subject to, and may be exercised despite, the State Supply Commission Act 1991.

28. Section 42 amended

Delete section 42(2) and (3) and insert:

(2)

A governing council of a college may do all things

necessary or convenient to be done for or in connection

with the performance of its functions.

(3)

A governing council may perform its functions in another State or a Territory if that is necessary or convenient for the performance of the functions of the

college.

(4)	In performing its functions the governing council of a college must ensure the college’s courses, programmes and services are responsive to, and meet, the needs of students, industry and the community.

29. Section 43 replaced

Delete section 43 and insert:

43. Strategic plans

(1)	Before 1 September in each year, or before some other date notified to the college by the Minister in writing, a college must give the Minister a draft strategic plan for

Training Legislation Amendment and Repeal Act 2008

Part 2

Vocational Education and Training Act 1996 amended

s. 30

the college for such period, beginning on the following

1 January, as is prescribed.

(2)	A college’s strategic plan must set out —

(a)	the college’s medium to long term objectives (including economic and financial objectives) and operational targets and how those

objectives and targets will be achieved; and

(b)	any other matters that are prescribed.

(3)

A college’s strategic plan must be consistent with the

State Training Plan.

(4)

The Minister may approve a draft plan received from a

college under this section or refuse to approve it and

require the college to prepare another or an amended

draft.

(5)

A college may change a plan approved by the Minister

under this section with the approval of the Minister.

30. Section 44A inserted

After section 43 insert:

44A.

Annual business plans

(1)	Before 1 September in each year, or before some other date notified to the college by the Minister in writing, a college must give the Minister a draft business plan for the college for the year that begins on the following
1 January.
(2)	A college’s business plan for a year must set out —

(a)	the vocational education and training that the college plans to provide in the year; and
(b)	the other functions of the college that it plans to perform in the year; and

Training Legislation Amendment and Repeal Act 2008

Vocational Education and Training Act 1996 amended	Part 2
s. 31

(c)	any other matters that are prescribed.

(3)	A college’s business plan for a year must be consistent with the State Training Plan, and the college’s strategic plan (if any) approved under section 43, that apply to
the year.
(4)	The Minister may approve a draft plan received from a college under this section or refuse to approve it and require the college to prepare another or an amended draft.
(5)	A college may change a plan approved by the Minister under this section with the approval of the Minister.

31. Sections 48, 49 and 50 replaced

Delete sections 48, 49 and 50 and insert:

48. Funds of a college

A college’s funds consist of the following —

(a) monies appropriated by Parliament;

(b)	monies received from commercial activities conducted by the college;
(c)	monies borrowed by it under section 51;
(d)	any other monies lawfully received by it.

49. Use of a college’s funds

A college’s funds are to be applied to meet the

following —

(a)	the college’s expenses in performing its functions;
(b)	the remuneration and allowances payable under section 63 to the members of the college’s governing council;

Training Legislation Amendment and Repeal Act 2008

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Vocational Education and Training Act 1996 amended

s. 32

(c)	the salaries and wages of, and the other expenses associated with the employment of —

(i) the college’s managing director; and

(ii) the college’s staff.

50. College accounts

(1)	An account called the (name of college) Account is to be established for each college —

(a)	as an agency special purpose account under the Financial Management Act 2006 section 16; or
(b)	with the approval of the Treasurer, at a bank as defined in section 3 of that Act.

(2)

Any funds of a college referred to in section 48 must be

credited to the college’s account.

(3)

Any funds of a college applied under section 49 must

be debited to the college’s account.

32. Section 52 amended

In section 52 delete “college Trust Account” and insert:

college’s account

33. Section 53 replaced

Delete section 53 and insert:

53. Minister may direct transfer of college’s funds

If the Minister is satisfied that there is available in a

college’s account a credit balance in excess of the

amount reasonably required by the college, the

Minister may direct that the whole or a part of that

excess be credited to —

(a) another college’s account; or

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Vocational Education and Training Act 1996 amended	Part 2
s. 34

(b)	an account to which the Financial Management Act 2006 applies that is operated for or in connection with the purposes of this Act.

34. Section 54 amended

Delete section 54(4).

35. Section 55 amended

In section 55:

(a)

delete paragraph (b) and “or” after it and insert:

(b)	to perform its functions in accordance with the college’s strategic plan last approved under section 43 or its business plan last approved under section 44A; or

(b)

after paragraph (a) insert:

36. Part 5 Division 5 inserted

At the end of Part 5 insert:

Division 5 — Miscellaneous matters

57A.

Closure of college, consequences of

(1) In this section —

closing day of a college, means the day on which an

order that closes the college, published under

section 35(b) or 56(1)(b), takes effect.

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Part 2	Vocational Education and Training Act 1996 amended
s. 36

(2)

The Minister must notify the Treasurer as soon as

practicable after publishing an order under

section 35(b) or 56(1)(b) that closes a college.

(3)

On the closing day of a college the following

provisions apply —

(a)	all assets and rights of the college become assets and rights of the Minister without the need for any transfer;
(b)	all liabilities of the college, including contingent liabilities, become liabilities of the Minister;
(c)	any agreement to which the college is a party (other than one to which the Minister was the other party) has effect as if the Minister was
substituted for the college as a party to that agreement;
(d)	all proceedings commenced before the closing day by or against the college are to be taken to be proceedings pending by or against the

Minister;

(e)	anything done or omitted to be done in relation to the assets, rights and liabilities referred to in paragraphs (a) and (b) before the closing day
by, to or in respect of the college (to the extent that that thing has any force or effect) is to be taken to have been done by, to or in respect of the Minister;
(f)	the Minister becomes the owner of all the college’s registers, documents, books and other records, however compiled, recorded or stored and of any tape, disk or other device or medium relating to such records;
(g)	the status of a college as a body corporate ceases.

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Vocational Education and Training Act 1996 amended	Part 2
s. 37

(4)

The Minister is to complete the winding-up of the

operations and affairs of the college as soon as

practicable after the closing day and for that purpose

the Minister has, and may exercise, any powers that are

necessary.

(5)

On the closure of a college, the Financial Management

Act 2006 Part 5 Division 3 applies to and in respect of

the college.

37. Section 57 amended

(1)

Delete section 57(3).

(2)

After section 57(4) insert:

(5)	An institution established under subsection (2) is to be regarded as a service under the control of the department of the Public Service that principally assists the Minister to administer this Part.

38. Part 7A inserted

Before Part 7 insert:

Part 7A — Regulation of the provision of some

vocational education and training

Division 1 — General matters

58A.

Offences

(1)	A person must not claim or purport to provide an approved VET course if —

(a)	the person is not a registered training provider; or

Training Legislation Amendment and Repeal Act 2008

Part 2

Vocational Education and Training Act 1996 amended

s. 38

(b)	the person is a registered training provider but is not permitted to provide the course by —

(i)

any condition of the person’s provider; or

(ii) any condition of the course’s accreditation; or

(iii) any order of the Council;

(c)	the course is not an approved VET course.

(2)

Subsection (1)(a) does not apply to a person who,

under an arrangement with a registered training

provider, provides an approved VET course on behalf

of the provider while being monitored by the provider.

(3)

A person must not confer, or claim or purport to

confer, an approved VET qualification or a prescribed

VET qualification if —

(a)	the person is not a registered training provider; or
(b)

the person is a registered training provider but by —

(i)

any condition of the person’s provider; or

(ii) any order of the Council.

(4)

A person must not claim or purport to confer an

approved VET qualification, or a prescribed VET

qualification, if the qualification is not an approved

VET qualification or a prescribed VET qualification.

(5)

A person must not claim or purport to be a registered

training provider if —

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Vocational Education and Training Act 1996 amended	Part 2
s. 38

(a)	the person is not a registered training provider; or
(b)	the person is a registered training provider but the Council has ordered the person not to operate in this State.

Penalty: a fine of $10 000.

58B.

Council may register training providers

Subject to the regulations, the Council, on an

application by a person or on its own initiative —

(a)	may register a training provider, either unconditionally or subject to conditions decided by the Council; and
(b)	if a registered training provider’s registration was granted by the Council, may vary, suspend or cancel the registration; and
(c)	if a registered training provider’s registration was not granted by the Council, may —

(i) order the provider not to operate in this State; or

(ii) by order, impose conditions restricting the provider’s operations in this State.

58C.

Council may accredit courses

Subject to the regulations, the Council, on an

application by a person or on its own initiative —

(a)	may accredit a VET course, either unconditionally or subject to conditions decided by the Council; and
(b)	if an approved VET course is accredited by the Council, may vary, suspend or cancel the accreditation.

Training Legislation Amendment and Repeal Act 2008

Part 2	Vocational Education and Training Act 1996 amended
s. 38

58D.

Council may inquire into training providers and

courses

For the purpose of ensuring this Act is complied with

and the quality of training providers and VET courses,

the Council may inquire into —

(a)	a training provider that is, or that has applied to be, registered by the Council under this Part; and
(b)	a VET course that is, or that is the subject of an application to be, accredited by the Council under this Part; and
(c)	at the request of, or after consulting, a body with functions similar to the Council’s under a corresponding law —

(i) a training provider that is, or that has applied to be, registered by that body; and

(ii) a VET course that is, or that is the subject of an application to be, accredited by that body.

58E.

Council may cancel certain qualifications

(1)	The Council may cancel an approved VET qualification or a prescribed VET qualification conferred by a registered training provider if the Council is satisfied that it was conferred —

(a)	by mistake or on the basis of false or misleading information; or
(b)	in contravention of this Act.

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Vocational Education and Training Act 1996 amended	Part 2
s. 38

(2)	The Council must not cancel an approved VET qualification or a prescribed VET qualification unless the Council —

(a)	has given the person who conferred the qualification and the person who received it written notice of —

(i) the Council’s intention to cancel it; and

(ii) their entitlement to make

representations to the Council about the

matter;

and

(b)	has afforded those persons a reasonable opportunity to make representations to the Council about the matter; and
(c)	has considered any representations made to the Council by those persons within the time allowed by the Council for doing so.

(3)	To cancel an approved VET qualification or a prescribed VET qualification, the Council must give written notice of the cancellation to the person who conferred the qualification and the person who received it.

58F.

When Council’s decisions have effect

A decision of the Council made under section 58B,

58C or 58E takes effect —

(a)	if no appeal is commenced under section 58G, when the time for commencing an appeal has passed; or
(b)

if an appeal is commenced under section 58G, section 58J or is withdrawn; or

(c)	on any later day the Council may specify.

Training Legislation Amendment and Repeal Act 2008

Part 2	Vocational Education and Training Act 1996 amended
s. 38

Division 2 — Appeals against the Council’s decisions

58G.

Appeals against the Council’s decisions

(1)	A person who is dissatisfied with a decision of the Council made under section 58B, 58C or 58E may appeal against it to the Board.
(2)	An appeal can be only on the ground that, in making the decision appealed against, the Council erred in its application of, or failed to apply criteria or procedures in, guidelines it was required to apply under section 13 or by the regulations.
(3)	An appeal against a decision of the Council must —

(a)	be commenced by giving the Board a written notice stating the decision and the grounds of the appeal; and
(b)	be commenced within 21 days after the date on which the appellant was notified of the decision; and
(c)	be conducted in accordance with the regulations.

(4)	The Board must give the Council a copy of any appeal notice.

58H.

Board to establish review panels

(1)

To assist it in determining an appeal commenced under

section 58G, the Board must establish an independent

review panel comprised of as many persons with

expertise in the area of the subject matter of the appeal

as it considers appropriate.

(2)

The review panel must consider the decision appealed

against and submit to the Board, within the time the

Board allows, a written recommendation on the issues

raised by the appeal.

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Vocational Education and Training Act 1996 amended	Part 2
s. 38

58I.

Reference back to Council

(1)

If a review panel recommends an appeal be allowed,

the Board must give the Council a copy of the panel’s

recommendation and ask the Council to reconsider the

decision appealed against.

(2)

If the Council receives a request made under

subsection (1), it must advise the Board, within the

time the Board allows, whether it considers the

decision appealed against should be altered or

confirmed.

58J.

Determination of appeal

(1)	If a review panel recommends an appeal not be allowed, the Board must disallow the appeal.
(2)	If a review panel recommends an appeal be allowed and under section 58I(2) the Council advises that the decision appealed against should be altered, the Board
must allow the appeal.
(3)	If a review panel recommends an appeal be allowed and under section 58I(2) the Council advises that the decision appealed against should be confirmed, the
Board must decide whether to —

(a)	accept the panel’s recommendation and allow the appeal; or
(b)	accept the decision appealed against and disallow the appeal.

(4)	If under subsection (2) or (3)(a) the Board allows an appeal, it must set aside the decision appealed against and substitute a decision that accords with the review panel’s recommendation.

Training Legislation Amendment and Repeal Act 2008

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s. 38

(5)	The Board must give the appellant —

(a)	written notice of any decision it makes under this section and of the reasons for it; and
(b)	a copy of the review panel’s recommendation.

(6)	A decision made by the Board under this section on an appeal is final.

Division 3 — Miscellaneous matters

58. Regulations for this Part

Without limiting the generality of section 67(1),

regulations made under section 67 for the purposes of

this Part may do any of the following —

(a)	provide for who may apply to the Council;
(b)	provide for how applications to the Council must be made;
(c)	prescribe criteria (including standards and guidelines) that the Council must or may take into account when deciding an application made to it;
(d)	prescribe the conditions that the Council may impose when registering a training provider, including but not limited to conditions that

limit —

(i) the approved VET courses that the provider can provide;

(ii) who the provider can assess for approved VET qualifications or prescribed VET qualifications;

(iii)

the approved VET qualifications or provider can confer;

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Vocational Education and Training Act 1996 amended	Part 2
s. 38

(e)	provide for the conditions that the Council may impose when accrediting a VET course;
(f)	provide for the period of any registration of a training provider or any accreditation of a VET course;
(g)	provide for any matter of a savings nature that may be needed when the accreditation of a VET course expires;
(h)	provide for a register of decisions by the Council;

(i) prescribe the circumstances that justify the Council deciding to —

(i) vary, suspend or cancel the registration of a training provider or the accreditation of a VET course;

(ii)

make an order against a registered not granted by the Council;

(j)	confer a discretion on the Council;
(k)	require registered training providers and persons who hold an accreditation of a VET course to give the Council information, including when a registration or accreditation is suspended;
(l)	provide for registered training providers to keep records relevant to vocational education and training;

(m)	require persons who cease to be registered training providers to provide the Council with records of —

(i) the courses they provided, in whole or part, and the persons to whom such courses were provided; and

Training Legislation Amendment and Repeal Act 2008

Part 2	Vocational Education and Training Act 1996 amended
s. 39

before ceasing to be registered;

the qualifications they conferred and the were conferred,

(ii)

(n)	prescribe fees to be paid by —

(i) persons applying to the Council; (ii) registered training providers and

persons who hold an accreditation of a

VET course, including when a

registration or accreditation is

suspended;

(iii) registered training providers and persons who hold an accreditation of a VET course for any inquiry the Council makes under section 58D;

(iv) persons applying to the Council for a copy of any record about the person held by the Council.

39. Part 7 replaced

Delete Part 7 and insert:

Part 7 — Obtaining prescribed VET

qualifications and approved VET qualifications

Division 1 — Preliminary matters

60A.

Terms used in this Part

In this Part —

apprentice means the person who is named in a

training contract as the person who will be trained

under the contract, whether the person is termed an

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Vocational Education and Training Act 1996 amended	Part 2
s. 39

apprentice, a trainee, a cadet, an intern or some other

term;

class, in relation to a qualification, means the class into

which a prescribed VET qualification is classified

under section 60C;

training contract means a contract that complies with

section 60E.

60B.

Inconsistency with industrial relations laws, awards

etc.

If a provision of this Part or of regulations made under

section 60 is inconsistent with a provision of the

Industrial Relations Act 1979 or any order, award or

industrial agreement in force under that Act, the former

provision prevails.

60C.

Classification of prescribed VET qualifications

(1)

The Minister must not act under this section without

having received and considered the Board’s advice and

recommendation given after it has consulted in

accordance with the regulations.

(2)

Any act done by the Minister under this section must

be done in writing and be published in the Gazette.

(3)

The Minister must classify each prescribed VET

qualification that it is possible to confer in respect of

occupations, businesses, employments or trades into

one of these 3 classes —

(a)	class A qualifications, being qualifications that a person cannot obtain except by fulfilling the obligations of an apprentice under a training

contract;

(b)	class B qualifications, being qualifications that a person may, but need not, obtain by fulfilling

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Part 2	Vocational Education and Training Act 1996 amended
s. 39

the obligations of an apprentice under a training

contract;

(c)	class C qualifications, being qualifications that a person cannot obtain by fulfilling the obligations of an apprentice under a training contract.

(4)	The classification of a prescribed VET qualification does not limit the operation of Division 3.

(5) The Minister may —

(a)	classify a prescribed VET qualification on any condition the Minister decides; and
(b)	in relation to a class A or class B qualification, impose any requirement for training contracts for the qualification the Minister decides, including but not limited to —

(i)

pre-conditions to be satisfied before can be entered into; and

(ii) the period and terms of the contracts.

(6)

The Minister may vary the classification of a

prescribed VET qualification and vary or cancel any

condition or requirement imposed under subsection (5).

(7)

The chief executive must keep and make available to

the public a register of this information —

(a)	class A and class B qualifications;
(b)	any conditions applicable to those qualifications;
(c)	any requirements applicable to training contracts for those qualifications.

Training Legislation Amendment and Repeal Act 2008

Vocational Education and Training Act 1996 amended	Part 2
s. 39

60D.

Offences

(1)	A registered training provider must not confer, or offer or purport to confer, a class A qualification on a person unless —

(a)	the person has fulfilled the obligations of an apprentice under a training contract that was registered under Division 2; or
(b)	the person has satisfied the registered training provider under Division 3.

(2)

An employer must not enter into a training contract

with an employee under which the employee is to be

trained in order to obtain a prescribed VET

qualification unless the qualification is a class A or

class B qualification.

(3)

An employer must not agree to train an employee for

the purpose of the employee obtaining a class A or

class B qualification except under a training contract.

Penalty: a fine of $10 000.

Division 2 — Qualifying by doing an apprenticeship

60E.

Training contracts

(1)	A training contract is a contract under which —

(a)	a person who is or will be an employer agrees the following —

(i) that a person who is or will be an employee will be employed while he or she fulfils the requirements of the contract in order to obtain a class A or class B qualification;

(ii) to train the employee in accordance with the contract;

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Part 2	Vocational Education and Training Act 1996 amended
s. 39

(iii) to permit the employee to fulfil his or her obligations under the contract and to be trained and assessed in accordance with the contract;

(iv) that any time spent by the employee in performing his or her obligations under the contract and in being trained and

assessed under the contract, whether at the employer’s workplace or not, is to be taken for all purposes (including the

payment of remuneration) to be time

spent working for the employer;

and

(b)	the employee agrees to fulfil his or her obligations under the contract and to be trained and assessed in accordance with the contract.

(2)

With the approval of the chief executive, 2 or more

employers may enter into a training contract with one

apprentice.

(3)

A training contract must do the following —

(a)	state the class A or class B qualification to which the contract relates;
(b)	comply with the regulations and with any requirements imposed under the regulations.

(4)	Subject to the regulations, a training contract —

(a)	may be varied by the parties; and
(b)	may be suspended by a party; and
(c)	may be assigned by the employer to another person who employs the apprentice.

60F.

Registration of training contracts

(1)	A training contract does not commence until it is registered by the chief executive under this section.

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Vocational Education and Training Act 1996 amended	Part 2
s. 39

(2)

An employer who enters into a training contract must

lodge it with the chief executive in accordance with the

regulations for registration.

Penalty: a fine of $3 000.

(3)

The chief executive may refuse to register a training

contract —

(a)	if the contract was not lodged in accordance with the regulations; or
(b)	if a requirement for the contract imposed under section 60C(5) has not been complied with; or
(c)	if the content or form of the contract does not comply with the regulations; or
(d)	if the chief executive is satisfied the employer is not able to train the apprentice adequately or is not a fit and proper person to enter into the

contract; or

(e)	if the apprentice is ineligible under the regulations to enter into the contract; or
(f)	for any reason prescribed in the regulations.

(4)	Subsections (2) and (3), with any necessary changes, apply to a variation of a training contract.
(5)	The chief executive may cancel the registration of a training contract for any reason prescribed in the regulations.
(6)	If the chief executive cancels the registration of a training contract, the contract ceases to have effect.
(7)	The chief executive must keep a register of registered training contracts.
(8)	A person who is dissatisfied by a decision made by the chief executive under this section may appeal against it to the Western Australian Industrial Relations
Commission.

Training Legislation Amendment and Repeal Act 2008

Part 2	Vocational Education and Training Act 1996 amended
s. 39

(9)	On an appeal made under subsection (8) against a decision, the Commission must rehear the matter and may confirm the decision or set it aside and either substitute a decision the chief executive could make or order the chief executive to decide the matter again.

60G.

Terminating training contracts

(1)

Subject to the regulations, a party to a training contract

may terminate it.

(2)

An employer who is a party to a training contract the

probation period of which (if any) has expired must not

terminate the contract unless —

(a)	the apprentice has consented to the termination; or
(b)	the chief executive has approved the termination.

Penalty: a fine of $10 000.

(3)	The chief executive must approve the termination of a training contract under subsection (2) if satisfied —

(a)	the employer has ceased or is about to cease business; or
(b)	the employer is unable to fulfil the employer’s obligations under the contract due to a substantial change of circumstances that has occurred since the contract was entered into; or
(c)	the apprentice has engaged in serious misconduct; or
(d)	as to any matter prescribed,

but otherwise may refuse to approve the termination.

(4)	A person who is dissatisfied by a decision made by the chief executive under this section may appeal against it to the Western Australian Industrial Relations
Commission.

Training Legislation Amendment and Repeal Act 2008

Vocational Education and Training Act 1996 amended	Part 2
s. 39

(5)	On an appeal made under subsection (4) against a decision, the Commission must rehear the matter and may confirm the decision or set it aside and either substitute a decision the chief executive could make or order the chief executive to decide the matter again.

60H.

Consequences of training contracts ceasing to have

effect

(1)

If a training contract ceases to have effect, whether under section 60F(6) or because it is terminated or expires or for any other reason, the employment of the

apprentice by the employer under the contract ceases.

(2)

Subsection (1) does not prevent the parties entering

into another employment agreement or arrangement.

Division 3 — Qualifying by demonstrating competence

60I.

Conferring prescribed VET qualifications to

competent persons

(1)	Subject to the regulations, a registered training provider may confer a class A qualification on a person who —

(a)	has not entered into a training contract under Division 2 in respect of the qualification; or
(b)	has entered into such a contract as an apprentice but has only partly fulfilled the apprentice’s obligations under it,

if, after assessing the person, the provider is satisfied

the person nevertheless has, as a result of training

received from an employer and other learning, the

skills and competency required for the qualification.

(2)	Subject to the regulations, a registered training provider may confer a class B qualification on a person who —

(a)	has not entered into a training contract under Division 2 in respect of the qualification; or

Training Legislation Amendment and Repeal Act 2008

Part 2

Vocational Education and Training Act 1996 amended

s. 39

(b)	has entered into such a contract as an apprentice but has only partly fulfilled the apprentice’s obligations under it; or
(c)	has not undertaken or successfully completed an approved VET course in respect of the qualification,

if, after assessing the person, the provider is satisfied the person nevertheless has the skills and competency required for the qualification.

(3)

Subject to the regulations, a registered training

provider may confer a class C qualification on a person

who has not undertaken or successfully completed an

approved VET course in respect of the qualification if,

after assessing the person, the provider is satisfied the

person nevertheless has the skills and competency

required for the qualification.

(4)

Subject to the regulations, a registered training

provider may confer an approved VET qualification on

a person who has not undertaken or successfully

completed an approved VET course in respect of the

qualification if, after assessing the person, the provider

is satisfied the person nevertheless has the skills and

competency required for the qualification.

Division 4 — Miscellaneous matters

60. Regulations for this Part

Without limiting the generality of section 67(1),

regulations made under section 67 for the purposes of

this Part may do any of the following —

(a)	provide pre-conditions to be satisfied before persons enter into training contracts;

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Vocational Education and Training Act 1996 amended	Part 2
s. 39

(b)	provide for the content or form or both of training contracts, either generally or in relation to specific prescribed VET qualifications;
(c)	give persons under 18 years of age the capacity to enter into training contracts;
(d)	provide for criteria (including standards and guidelines) that the chief executive must or may take into account when deciding whether to register or to cancel the registration of training contracts;
(e)	provide for the registration of contracts, including for backdating registration;
(f)	in relation to disputes arising under training contracts between the parties to them —

(i) provide for their resolution, including by the chief executive or a person appointed by the chief executive;

(ii) confer on any such party aggrieved by a decision made by a person referred to in subparagraph (i) in respect of such a

dispute a right of appeal to the Western

Australian Industrial Relations

Commission;

(g)	require parties to, and registered training providers named in, training contracts to give the chief executive information relevant to and to the carrying out of the contracts;
(h)	impose functions on registered training providers that are named in training contracts;
(i)

confer on persons refused approved VET a right of appeal against the refusal;

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Part 2	Vocational Education and Training Act 1996 amended
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(j)	prescribe the content and form of approved VET qualifications and prescribed VET qualifications;
(k)	confer a discretionary authority on the Minister.

40. Part 8A inserted

Before Part 8 insert:

Part 8A — Enforcement matters

61A.

VET inspectors, appointment of

(1) In this section —

certificate means a certificate given under

subsection (3).

(2)	The Minister, in writing, may appoint persons to investigate —

(a)	registered training providers, including but not limited to the matters that may be inquired into under section 58D;
(b)	suspected breaches of training contracts;
(c)	suspected contraventions of this Act,

on any terms the Minister decides and specifies in the

appointment.

(3)	The Minister must give each VET inspector a certificate of his or her appointment.
(4)	A person who ceases to be a VET inspector must return his or her certificate to the Minister within 21 days.
Penalty: a fine of $400.
(5)	A certificate that purports to be signed by the Minister is, in the absence of evidence to the contrary, evidence of its contents.

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Vocational Education and Training Act 1996 amended	Part 2
s. 40

(6)	If requested to do so and if practicable, a VET inspector must produce his or her certificate for inspection when exercising a function of a VET inspector.

61B.

VET inspectors’ powers

(1)	For the purpose of investigating any matter that he or she is authorised to investigate, a VET inspector may do any of the following —

(a)	with the occupier’s consent, enter, inspect and search any place, other than a dwelling, that the inspector suspects on reasonable grounds is a place where vocational education and training is provided;
(b)	give a person a written direction to produce to the inspector the records that are specified or described in the direction and that are in the person’s possession;
(c)	with the consent of the person in possession of the record, read and seize or copy any record the inspector suspects on reasonable grounds is or may be relevant to the matter being investigated.

(2)	A person who is given a written direction under subsection (1)(b) must obey it.
Penalty: a fine of $5 000.
(3)	A person must not give a VET inspector information that the person knows is false or misleading.
Penalty: a fine of $5 000.

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Part 2	Vocational Education and Training Act 1996 amended
s. 40

61C.

Entry warrant for a place

(1)

A VET inspector may apply to a JP for an entry

warrant authorising the entry of a place, including a

dwelling, for the purpose of investigating any matter

the inspector is authorised to investigate.

(2)

A VET inspector may apply for an entry warrant for a place even if the inspector has not asked the occupier for consent to enter the place.

(3)

The application must be made in accordance with the

Criminal Investigation Act 2006 section 13.

(4) The application must —

(a)	describe with reasonable particularity the place to be entered; and

(b) state —

(i) that the VET inspector suspects the place is a place where vocational education and training is provided and the grounds for the suspicion; or

(ii) that the VET inspector suspects there are records at the place that relate to the provision of vocational education and training and the grounds for the suspicion;

and

(c)	state the purposes for which entry to the place is wanted; and
(d)	state for how long the inspector believes the warrant should remain in force.

(5)	On such an application, a JP may issue an entry warrant authorising the entry of a place for the purpose of investigating any matter the inspector is authorised to investigate if satisfied that, in respect of the matters

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Vocational Education and Training Act 1996 amended	Part 2
s. 40

in subsection (4) on which the applicant is required to have a suspicion, there are reasonable grounds for the applicant to have that suspicion.

(6)	An entry warrant must contain this information —

(a)	a reasonably particular description of the place to which it relates;
(b)	the period, not exceeding 7 days, in which it may be executed;
(c)	the date and time when it was issued.

(7)	Under an entry warrant issued to a VET inspector, the inspector, with any assistance that is reasonably necessary in the circumstances, may do any or all of the following —

(a)	using any force that is reasonably necessary, enter, inspect and search the place described in the warrant for the purpose of investigating any matter the inspector is authorised to investigate;
(b)	read and seize or copy any record the inspector suspects on reasonable grounds is or may be relevant to the matter being investigated;
(c)	for the purposes of paragraph (b) —

(i) make reasonable use of any equipment, facilities or services in the place that are needed; and

(ii) direct an occupier of the place to do anything that is reasonable and necessary to facilitate that use.

(8)

A person who is given a direction under

subsection (7)(c)(ii) must obey it.

Penalty: a fine of $5 000.

Training Legislation Amendment and Repeal Act 2008

Part 2	Vocational Education and Training Act 1996 amended
s. 40

61D.

Consequences of investigations

(1)

A VET inspector may give the Council any

information that the Council may need in relation to

performing its functions under Part 7A.

(2)

A prosecution for an offence against this Act cannot be commenced except by or with the approval of the chief executive officer of the department of the Public

Service principally assisting the Minister to administer the provision that creates the offence.

61. Evidentiary matters

(1)	A certificate that purports to be issued by the Council stating —

(a)	that a person was or was not a registered training provider at a time specified in the certificate;
(b)	the conditions of a registered training provider’s registration at a time specified in the certificate;
(c)	that a VET course was or was not an approved VET course at a time specified in the certificate;
(d)	the conditions of an approved VET course’s accreditation at a time specified in the certificate,

is, in the absence of evidence to the contrary, evidence

of its contents.

(2)	A certificate that purports to be signed by the chief executive officer of the department of the Public Service principally assisting the Minister to administer Part 7 stating —

(a)	the classification of a prescribed VET qualification under section 60C at a time specified in the certificate;

Training Legislation Amendment and Repeal Act 2008

Vocational Education and Training Act 1996 amended	Part 2
s. 41

is, in the absence of evidence to the contrary, evidence

of its contents.

the requirements, if any, imposed under contract for a prescribed VET qualification at a time specified in the certificate,

(b)

41. Section 63 amended

In section 63 delete paragraph (a), paragraph (b) and “and” after

it and paragraph (c) and insert:

(a)	the Board or a committee of the Board; or
(b)	the Council or a committee of the Council; or
(c)	a review panel appointed under section 58H(1); or
(d)	the governing council of a college (other than the managing director or any member of staff of the college),

42. Sections 65 and 66 deleted

Delete sections 65 and 66.

43. Section 67 amended

In section 67(2) delete paragraph (c) and insert:

(c)	create offences punishable by a fine of not more than $5 000.

Training Legislation Amendment and Repeal Act 2008

Part 2	Vocational Education and Training Act 1996 amended
s. 44

44. Section 68 replaced

Delete section 68 and insert:

68. Transitional provisions (Sch. 2)

(1)

Schedule 2 sets out transitional provisions.

(2)

Schedule 2 does not affect the operation of the

Interpretation Act 1984 Part V.

45. Section 69 replaced

Delete section 69 and insert:

69. Transitional regulations

(1)

This section does not affect the operation of the

Interpretation Act 1984 Part V.

(2)

Without limiting section 67 regulations may prescribe all matters that are required or necessary or convenient to be prescribed for dealing with any issue or matter of a savings or transitional nature —

(a)	that arises as a result of the enactment of the Training Legislation Amendment and Repeal Act 2008; and
(b)	for which there is no sufficient provision in Schedule 2.

(3)

Regulations made under this section must be made

within 12 months after the day on which this section

comes into operation.

(4)

Regulations made under this section may provide that

specific provisions of this Act do not apply, or apply

with modifications specified in the regulations, to or in

relation to any matter.

Training Legislation Amendment and Repeal Act 2008

Vocational Education and Training Act 1996 amended	Part 2
s. 46

(5)

Regulations made under this section may provide that a

state of affairs specified in the regulations is to be

taken to have existed, or not to have existed, on and

from a day that is earlier than the day on which the

regulations come into operation but not earlier than the

commencement of this section.

(6)

If regulations contain a provision referred to in

subsection (5), the provision has effect according to its

terms but it does not operate so as —

(a)	to affect in a manner prejudicial to any person (other than the State), the rights of that person existing before the regulations commenced; or
(b)	to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the regulations commenced.

46. Sections 70, 71 and 72 replaced

Delete sections 70, 71 and 72 and insert:

70. Review of Act

(1)

The Minister must carry out a review of the operation and effectiveness of this Act as soon as is practicable after every fifth anniversary of the commencement of this section.

(2)

The Minister must prepare a report based on the review

and, as soon as is practicable after the report is

prepared, cause it to be laid before each House of

Parliament.

Training Legislation Amendment and Repeal Act 2008

Part 2	Vocational Education and Training Act 1996 amended
s. 47

47. Schedule 1 amended

After Schedule 1 clause 3(4) insert:

(5)	The presence of a person at a meeting need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone, or other means of instantaneous communication.

48. Schedule 2 replaced

Delete Schedule 2 and insert:

Schedule 2 — Transitional provisions

[s. 68]

1. Provisions relating to repeal of Industrial Training Act 1975

(1)

In this clause —

repealed Act means the Industrial Training Act 1975 repealed by the Training Legislation Amendment and Repeal Act 2008 section 50.

(2)

If immediately before the repeal of the repealed Act an

apprenticeship agreement or industrial training agreement

entered into and registered under the repealed Act is in

force, then on that repeal —

(a)	the agreement is to be taken to be a training contract entered into on the same terms and conditions and registered under Part 7 Division 2; and
(b)	Part 7 Division 2 applies to the agreement accordingly.

49. Schedules 3 and 4 deleted

Delete Schedules 3 and 4.

Training Legislation Amendment and Repeal Act 2008

Industrial Training Act 1975 repealed

Part 3

Act repealed

Division 1

s. 50

Part 3 — Industrial Training Act 1975 repealed

Division 1 — Act repealed

50. Act repealed

The Industrial Training Act 1975 is repealed.

Division 2 — Consequential amendments

51. Coal Industry Tribunal of Western Australia Act 1992 amended

(1)

This section amends the Coal Industry Tribunal of Western

Australia Act 1992.

(2)

In section 3 in the definition of employee in paragraph (a) delete

“apprentice or industrial trainee;” and insert:

apprentice;

52. Curriculum Council Act 1997 amended

(1)

This section amends the Curriculum Council Act 1997.

(2)

In section 19A(2) in the Table to the definition of provider

delete items 4 and 5 and insert:

A student undertaking an

The registered training provider

approved VET course within	(within the meaning given to
the meaning given to that	that term by that Act
term by the Vocational	section 5(1)), or a person
Education and Training	referred to in section 58A(2) of
Act 1996 section 5(1).	that Act, who provides the course.

An apprentice under a

The employer.

training contract registered

under the Vocational

Education and Training

Act 1996 Part 7 Division 2.

Training Legislation Amendment and Repeal Act 2008

Part 3	Industrial Training Act 1975 repealed
Division 2	Consequential amendments
s. 53

(3)	Delete section 19F(1) and insert: (1) In this section —

apprentice means a person who is an apprentice under

a training contract registered under the Vocational

Education and Training Act 1996 Part 7 Division 2;

employed includes employed as an apprentice.

53. Industrial Relations Act 1979 amended

(1)	This section amends the Industrial Relations Act 1979.
(2)	In section 7(1) delete the definitions of *apprentice* and *trainee*.
(3)	In section 7(1) insert in alphabetical order:

apprentice means a person who is an apprentice under

a training contract registered under the Vocational

Education and Training Act 1996 Part 7 Division 2;

(4)	In section 7(1) in the definition of *employee* in paragraph (a) delete “apprentice or trainee;” and insert:
apprentice;
(5)	In section 7(1) in the definition of *group training organisation* delete “and trainees” (each occurrence).
(6)	In section 7(1) in the definition of *industrial matter* delete paragraph (f) and insert:

(f)	in respect of apprentices, these additional matters —

(i) their wage rates and, subject to the Vocational Education and Training

Training Legislation Amendment and Repeal Act 2008

Industrial Training Act 1975 repealed

Part 3

Consequential amendments

Division 2

s. 53

Act 1996 Part 7 Division 2, other conditions of employment; and

(ii) the wages, allowances and other remuneration to be paid to them, including for time spent in performing

registered under the Vocational

Education and Training Act 1996 Part 7

their obligations under training contracts workplaces or not; and

(iii) without limiting subparagraphs (i) and (ii), those other rights, duties and liabilities of them and their employers under such contracts that do not relate to the training and assessment they are to undergo, whether at their employers’ workplaces or not;

(7)	In section 50A(1)(a):

(a)	in subparagraph (i) delete “apprentices or trainees;” and insert:

apprentices;

(b)	delete subparagraph (iii).

(8)

In section 50A(5) delete “employee, apprentice or trainee” (each

occurrence) and insert:

employee or apprentice

Training Legislation Amendment and Repeal Act 2008

Part 3	Industrial Training Act 1975 repealed
Division 2	Consequential amendments
s. 53

(9)	In section 50A(6):

(a)	delete “employee, apprentice or trainee” (first occurrence) and insert:

employee or apprentice

(b)	delete “employee, apprentice or trainee.” (second occurrence) and insert:

employee or apprentice.

(10) In section 50B(1):

(a)	delete “or trainees” (each occurrence);
(b)	delete “apprentice or trainee; or” and insert:

apprentice; or

(11)	In section 50B(2) delete “or trainees” (each occurrence).

(12) In section 50B(3):

(a)	delete “apprentice and each class of trainee —” and insert:

apprentice —

(b)	delete “or trainees, as is relevant to the case,”.

(13) In section 50B(4):

(a)	delete “or trainees” (each occurrence);
(b)	delete “apprentice or trainee,” and insert:

apprentice,

Training Legislation Amendment and Repeal Act 2008

Industrial Training Act 1975 repealed

Part 3

Consequential amendments

Division 2

s. 54

54. Long Service Leave Act 1958 amended

(1)

This section amends the Long Service Leave Act 1958.

(2)

In section 4(1) delete the definitions of apprentice and

industrial trainee.

(3)

In section 4(1) insert in alphabetical order:

apprentice means a person who is an apprentice under

a training contract registered under the Vocational

Education and Training Act 1996 Part 7 Division 2;

(4)

In section 4(1) in the definition of employee in paragraph (a)

delete “apprentice or industrial trainee;” and insert:

apprentice;

55. Mines Safety and Inspection Act 1994 amended

(1)	This section amends the Mines Safety and Inspection Act 1994.
(2)	In section 4(1) delete the definitions of *apprentice* and *trainee*.
(3)	In section 4(1) insert in alphabetical order:

apprentice means a person who is an apprentice under

a training contract registered under the Vocational

Education and Training Act 1996 Part 7 Division 2;

(4)

In section 4(1) in the definition of employee delete “or trainee”.

(5)

In section 4(1) in the definition of employer delete

paragraph (b) and insert:

(b)	in relation to an apprentice, a person who employs the apprentice at a mine under a training contract registered under the

Training Legislation Amendment and Repeal Act 2008

Part 3	Industrial Training Act 1975 repealed
Division 2	Consequential amendments
s. 56

Vocational Education and Training Act 1996

Part 7 Division 2;

(6)

In section 4(1) in the definition of self-employed person in

paragraph (b) delete “apprentice or trainee,” and insert:

apprentice,

56. Minimum Conditions of Employment Act 1993 amended

(1)	This section amends the Minimum Conditions of Employment Act 1993.
(2)	In section 3(1) delete the definition of *trainee*.
(3)	In section 3(1) in the definition of *public holiday* delete “area;” and insert:
area.
(4)	In section 12:

(a)	in paragraph (b) delete “apprentice or trainee,” and insert:

apprentice,

(b)	delete “apprentices or trainees.” and insert:

apprentices.

(5)	In section 13(b) delete “apprentice or trainee,” and insert:
apprentice,

Training Legislation Amendment and Repeal Act 2008

Industrial Training Act 1975 repealed

Part 3

Consequential amendments

Division 2

s. 57

(6)

Delete section 15.

(7)

In section 40(1) in the definition of employee delete “apprentice

or trainee;” and insert:

apprentice;

57. Occupational Safety and Health Act 1984 amended

(1)

This section amends the Occupational Safety and Health

Act 1984.

(2)

In section 3(1) delete the definitions of apprentice and trainee.

(3)

In section 3(1) insert in alphabetical order:

apprentice means a person who is an apprentice under

a training contract registered under the Vocational

Education and Training Act 1996 Part 7 Division 2;

(4)	In section 3(1) in the definition of *employee* delete paragraph (b) and insert:

(b) an apprentice;

(5)	In section 3(1) in the definition of *employer* delete paragraph (b) and insert:

(b)	in relation to an apprentice, a person who employs the apprentice under a training contract registered under the Vocational Education and Training Act 1996 Part 7 Division 2;

Training Legislation Amendment and Repeal Act 2008

Part 3	Industrial Training Act 1975 repealed
Division 2	Consequential amendments
s. 58

(6)	In section 3(1) in the definition of *self-employed person* delete paragraph (b) and insert:

(b) as an apprentice,

58. Painters’ Registration Act 1961 amended

(1)

This section amends the Painters’ Registration Act 1961.

(2)

In section 12(1) delete paragraph (aa) and “or” after it and

insert:

(b) has —

(i) under the Vocational Education and Training Act 1996 Part 7 obtained a qualification prescribed under this Act;

and

(ii) passed the prescribed additional

examination laid down by the Board for

those persons;

59. Pay-roll Tax Assessment Act 2002 amended

(1)	This section amends the Pay-roll Tax Assessment Act 2002.
(2)	In section 40(2):

(a)

delete paragraph (m) and insert:

(m)	by an employer to or in relation to a person who is an apprentice under a training contract registered under the Vocational Education and Training Act 1996 Part 7 Division 2; or

(b)

delete paragraph (p);

Training Legislation Amendment and Repeal Act 2008

Industrial Training Act 1975 repealed

Part 3

Consequential amendments

Division 2

s. 60

(c)	after each of paragraphs (a) to (l), (n) and (o) insert:

60. Retail Trading Hours Act 1987 amended

(1)

This section amends the Retail Trading Hours Act 1987.

(2)

In section 10(3)(bc) delete “apprentice, as defined in the

Industrial Training Act 1975 section 4(1))” and insert:

apprentice under a training contract registered under the Vocational Education and Training Act 1996 Part 7 Division 2)

61. School Education Act 1999 amended

(1)	This section amends the School Education Act 1999.
(2)	In section 4 insert in alphabetical order:

apprentice means an apprentice under a training

contract registered under the Vocational Education and

Training Act 1996 Part 7 Division 2;

(3)

In section 11A(2) in the Table to the definition of provider

delete items 3 and 4 and insert:

A student undertaking an

The registered training provider

approved VET course within	(within the meaning given to
the meaning given to that	that term by that Act
term by the Vocational	section 5(1)), or a person
Education and Training	referred to in section 58A(2) of
Act 1996 section 5(1).	that Act, who provides the course.

An apprentice.

The employer.

Training Legislation Amendment and Repeal Act 2008

Part 3	Industrial Training Act 1975 repealed
Division 2	Consequential amendments
s. 61

(4)	In section 11B(1):

(a)

delete paragraphs (b) and (c) and insert:

(b)	undertaking an approved VET course within the meaning given to that term by the Vocational Education and Training Act 1996 section 5(1); or

(b)	after paragraph (a) insert:

(5)	In section 11D(1)(b) delete “or trainee”.
(6)	In section 11D(5) delete “or trainee”.
(7)	In section 11I(2):

(a)	delete “or trainee”;
(b)	in paragraph (a) delete “apprenticeship or traineeship; or” and insert:

apprenticeship; or

(8)	In section 11J(2)(a) delete “apprentice or trainee; or” and insert:
apprentice; or
(9)	In section 11J(3) delete “apprenticeship, traineeship” and insert:
apprenticeship

Training Legislation Amendment and Repeal Act 2008

Industrial Training Act 1975 repealed

Part 3

Consequential amendments

Division 2

s. 61

(10)	In section 11J(4) delete “apprenticeship, traineeship” and insert:
apprenticeship
(11)	In section 40(1b) delete “ or traineeship”.
(12)	In section 42(1b) delete “ or traineeship”.