Untitled document

Vocational Education and Training (Training

Framework) Act 1997

Act No. 80/1997

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—AMENDMENTS TO THE VOCATIONAL EDUCATION

AND TRAINING ACT 1990 3

3.	Principal Act	3
4.	Amendment of definitions	3
5.	Objects	4
6.	New section 9C inserted	4
9C. Functions of the Board under Commonwealth Workplace

Relations Act 1996 4

7.	Board's power of delegation	4
8.	New section 20AA inserted	5
20AA. Power of further delegation—Workplace Relations Act 1996 of the Commonwealth	5
9.	Delegations to approved training agents	5
10.	New Part 5 substituted	5
PART 5—APPRENTICESHIPS	5
Division 1—Application of Part	6
49. Binding of Crown	6
50. Application of Part	6
Division 2—Training Schemes	6
51. Training schemes	6
52. Schedule 3	7
Division 3—Training Agreements	8

53.  Employer must have Board's approval to enter into a training

agreement with an apprentice 9

54. Employer's obligations under a training agreement 10

i

Section Page

55. Apprentice's obligations under a training agreement	11
56. General provisions about training agreements	11
57. Term of a training agreement	12

58. Cancellation, suspension or variation of a training agreement 13

59. Suspension or cancellation of a training agreement if

insufficient employment available 13

60. Board to determine grievances in certain circumstances	15
61. Associations of employers may employ apprentices	16
62. Partnerships	16
Division 4—Miscellaneous	17
63. Register of apprentices	17
64. Subsidies	17

11.	Definitions	17
12.	Consequential amendments to section 74	17
13.	Substitution of section 75 and repeal of section 76	17
75. Minister may establish training recognition boards	17
14.	Accreditation of courses	19
15.	State Register of Accredited Courses and Recognised
Qualifications	19
16.	Approval for delivery of courses	19
17.	Offences	19
18.	Registration of training organisations	20
19.	Offences	21
20.	Approval to deliver accredited courses	22
21.	Register	22
22.	Endorsement of courses for overseas students	22
23.	Defence Force Training	23
24.	Definitions	23
25.	Rates of payment for students on practical placement	24
26.	Conditions on the placement of post-secondary students	25
27.	New section 90 substituted	25
90. Suspension of conditions for students	25
28.	Authorised officers	25
29.	Evidentiary provisions	25
30.	Certificates	26
93AA. Certificates	26
31.	Reference to Subordinate Legislation Act	26
32.	Fees for certificates	26
33.	New section 94B inserted	26
94B. Review of decisions by training agents	26
34.	State Training Wage	27
35.	Statute law revision	28

ii

Section Page

36.	Further savings provisions	29
Division 2—Further savings provisions	29

98.  Vocational Education and Training (Training

Framework) Act 1997 29

PART 3—AMENDMENTS TO THE ADULT, COMMUNITY AND

FURTHER EDUCATION ACT 1991 31

37.	Principal Act	31
38.	Adult, community and further education plan	31
39.	Accreditation of courses	31
40.	New section 13B substituted	31
13B. Minister may establish further education recognition

boards 32

41.	Registration of training organisations	33
42.	Approval to deliver accredited courses	34
43.	Membership of the Board	34
44.	Delegations	34
45.	New section 27A inserted	34
27A. Delegations to approved training agents	35
46.	Functions of Regional Councils	36
47.	Accountability of Regional Council	36
48.	Chairpersons of Regional Councils	36
49.	New section 52 inserted	36
52. Saving of Board	36

PART 4—AMENDMENTS TO OTHER ACTS	37
Division 1—Accident Compensation Act 1985	37

50. Amendment of definitions 37

Division 2—Accident Compensation (WorkCover Insurance) Act

1993   38

51.      Amendment of application of Act—post-secondary students on

work experience placement 38

Division 3 —Pay-roll Tax Act 1971 38

52. Exemption from Pay-roll tax—consequential amendment 38

Division 4 —Tertiary Education Act 1993 38

53.	Amendment to definition	38
54.	References to Subordinate Legislation Act	39

iii

Section	Page
PART 6—CONSEQUENTIAL AMENDMENTS	40

55. Consequential amendments 40

__________________

SCHEDULE 1—Consequential Amendments 41

═══════════════

NOTES 42

iv

Victoria

No. 80 of 1997

Vocational Education and Training

(Training Framework) Act 1997†

[Assented to 25 November 1997]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to amend the and the Adult, Community and Further Education Act 1991 to make further provision for vocational education and training and adult, community and further education, to amend the Accident Compensation Act 1985, the Accident

Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997 s. 2

Compensation (WorkCover Insurance) Act
1993 and the Pay-roll Tax Act 1971 and to make

consequential amendments to other Acts.

2. Commencement

(1) This Part and sections 2, 6, 8 and 34(1) come into

operation on the day on which this Act receives
the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 January 1999, it

comes into operation on that day.

_______________
Vocational Education and Training (Training Framework) Act
1997

s. 3 Act No. 80/1997

PART 2—AMENDMENTS TO THE VOCATIONAL

EDUCATION AND TRAINING ACT 1990

3. Principal Act

No. 45/1990.

Reprint No. 2	In this Part the Vocational Education and
as at 27	Training Act 1990 is called the Principal Act.
August 1997. Further amended by Act No. 21/1990.

4. Amendment of definitions

In section 3 of the Principal Act—

(a)

in the definition of "accredited course" after Qualifications";

(b)	in the definition of "apprentice" for "contract of training in a trade" substitute "training agreement";
(c)	omit the definitions of "declared vocation", "Defence Force", "employment agreement", "trade" and "trainee";
(d)	after the definition of "prescribed" insert— ' "recognised qualification" means a

qualification that is registered on the State Register of Accredited Courses and Recognised Qualifications;

"registered training organisation" means a person or body registered under section 81 to deliver an accredited course or

issue a recognised qualification;'; for the definition of "State Register of Accredited Courses" substitute—

(e)

Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997 s. 5

' "State Register of Accredited Courses

and Recognised Qualifications"
means the State Register of Accredited
Courses and Recognised Qualifications
maintained by the Board under section
78A;'.

5. Objects

After section 4(e) of the Principal Act insert—

"(ea) to provide for the registration of recognised

qualifications;".

6. New section 9C inserted

After section 9B of the Principal Act insert—

"9C. Functions of the Board under

Commonwealth Workplace Relations Act
1996

If the Board is declared an approving authority for the purposes of Part VIE of the Workplace Relations Act 1996 of the Commonwealth it may perform the functions and exercise the powers conferred on it by that Act.".

7. Board's power of delegation

(1) In section 20(1) of the Principal Act, for

paragraphs (d) and (e) substitute—

"(d) to the members of a training recognition

board established under section 75; or".

(2) In section 20(1)(g) of the Principal Act, for "or an officer or employee appointed under section 25 of the Adult, Community and Further Education Act 1991" substitute "the members of a further

education recognition board established under employee appointed under section 25 of that Act".

section 13B of the Adult, Community and

Vocational Education and Training (Training Framework) Act
1997

s. 8 Act No. 80/1997

(3) In section 20(5) of the Principal Act— (a) for "31" substitute "13B or 31"; (b) omit ", 78".

8. New section 20AA inserted

After section 20 of the Principal Act insert—

"20AA. Power of further delegation—Workplace

Relations Act 1996 of the Commonwealth

(1) Without limiting the powers of the Board

under section 20, the Board may if so authorised by or under the Workplace Relations Act 1996 of the Commonwealth,
by instrument under its common seal, further
delegate any of the powers or functions
referred to in section 9C to the Director or an
officer or employee appointed or employed
under section 19.

(2) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a further delegation authorised by this section in the same way as they apply to a delegation.".

9. Delegations to approved training agents

In section 20B of the Principal Act, for "52, 53(1) and (2), 54(3), 55, 59(2A), (3) or (4), 60, 61(2), 62(2) or 63 or any power or function of the Board to determine ratios under section 56 relating to a particular employer" substitute "53, 56(3), 57, 59(2), 74, 81 and 85".

10. New Part 5 substituted

For Part 5 of the Principal Act substitute—

'PART 5—APPRENTICESHIPS

Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997 s. 10

Division 1—Application of Part

49.

Binding of Crown of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

50.

Application of Part and 62 do not apply to, or in relation to, a vocation if the Board makes a determination under section 51, that those provisions do not apply to the vocation specified in the determination.

Division 2—Training Schemes

51. Training schemes

(1) The Board may determine that a specified

training scheme is an approved training
scheme.

(2) A determination under sub-section (1) may

provide for all or any of the following
matters—

(a)	whether the vocation is one to which sections 58(1), 59(2), (3) and (4), 60(1)(d) and 62 do not apply;
(b)	the duration of an approved training scheme by reference to a fixed period or a maximum or minimum period;
(c)	whether any apprentice may be engaged as a full time or part time employee;
(d)	any requirement for a probationary period and, if so, its length;

Vocational Education and Training (Training Framework) Act
1997

s. 10 Act No. 80/1997

(e)	the nature and syllabus of the training scheme and any course of study, instruction or practical or workplace training comprising the content of that scheme;
(f)	the requirements as to age, education, experience or any other matter to be satisfied by a person wishing to undertake the training scheme;
(g)	the standards of skill and knowledge required to adequately perform the activities or tasks of the vocation which are to be obtained by an apprentice undertaking the training scheme;
(h)	scheme for any qualifications, training or experience that an apprentice

the credit to be given in the training prior to entry to that scheme.

(3) A determination may be made so as to apply, adopt or incorporate any matter contained in any document issued or published by any

person or body.

(4) The Board must cause a notice to be

published in the Government Gazette of the
making of a determination and setting out
where copies of the approved training

scheme can be obtained.

52. Schedule 3
(1) Schedule 3 has effect.

(2) A provision of a training agreement or an

employment agreement or any other contract
of employment to which an apprentice is a
party is of no effect to the extent that it
provides a term or condition of employment

Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997 s. 10

that is less favourable to the apprentice than
one applicable under Schedule 3.

(3) An employer must not enter into, or purport

to enter into a training agreement or an
employment agreement or any other contract
of employment with an apprentice that
provides a term or condition of employment
that is less favourable to the apprentice than
one applicable under clause 6(1) of
Schedule 3.
Penalty: 100 penalty units.

(4) If a training agreement or an employment

employment to which an apprentice is a
party does not at any time comply with a
term or condition of employment applicable
under clause 6(1) of Schedule 3, it must then,
for the purposes of section 160 of the Long

agreement or any other contract of effect as if it did.

(5) A training agreement or an employment

agreement or any other contract of
employment entered into by an employer in
contravention of sub-section (3) is not, for
that reason only, illegal, void or
unenforceable.

Division 3—Training Agreements

Vocational Education and Training (Training Framework) Act
1997

s. 10 Act No. 80/1997

53.  Employer must have Board's approval to enter into a training agreement with an apprentice

(1) An employer must not employ a person

under a training agreement unless the
employer is approved by the Board to do so.

Penalty:  in the case of a natural person, 10
penalty units, or, in the case of a
body corporate, 50 penalty units.

(2) In determining whether to approve an employer to employ a person under a training agreement the Board must have

regard to the employer's ability to comply
with the training agreement and without
limiting the generality of the foregoing to all

or any of the following matters—

(a)	the premises in which the person is to be employed;
(b)	the equipment and methods to be used in training;
(c)	whether any person whom the employer uses or proposes to use for the purpose of supervising the training of an apprentice under a training agreement—

(i) has the appropriate qualifications,
knowledge and skill for that
purpose; and

(ii)  is otherwise a fit and proper person for that purpose;

(d) whether the employer is a fit and proper person for employing an apprentice.

(3) An approval under sub-section (1) may be given subject to conditions—

Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997	s. 10
(a)	the employer may have in the

limiting the number of apprentices that time; and

(b) as to any other matters that the Board thinks fit.

(4) The Board may revoke an approval at any

time and in any circumstances including
those where a condition of the approval is
breached.

54.  Employer's obligations under a training agreement

(1) An employer who employs an apprentice under a training agreement—

(a)	must ensure that the apprentice is trained in accordance with an approved training scheme; and
(b)	must allow the apprentice to comply with the approved training scheme without hindrance if that scheme or any part of that scheme is conducted during normal working hours.
Penalty:	For a natural person, 10 penalty units. For a body corporate, 50 penalty units.

(2) If an apprentice under a training agreement attends a vocational education and training course provided by a registered training

organisation in accordance with an approved
training scheme during normal working
hours, that attendance shall be deemed to be
attendance at work for the purposes of any
employment agreement or any other contract
of employment.

Vocational Education and Training (Training Framework) Act
1997

s. 10 Act No. 80/1997

55.  Apprentice's obligations under a training agreement

An apprentice's obligations under a training agreement include the obligation to comply with the requirements of the approved

training scheme.

56.	General provisions about training agreements
(1) A training agreement must be in the form,	and contain the particulars, approved by the training to be provided to the apprentice.

(2) The parties to a training agreement are the

employer, the apprentice and, if the
apprentice is under 18 years, the parent or
guardian of the apprentice.

(3) If an apprentice has no parent or guardian or

no parent or guardian resident in Victoria
and capable of acting, the Board may
approve a person to act instead of the parent
or guardian.

(4) If an apprentice is under the age of 18 years

and the Board is satisfied that it is in the
interests of the employer and the apprentice,
the Board may consent to the training
agreement being executed by the employer
and the apprentice only.

(5) The Board must endorse its consent under

sub-section (4) on the original training agreement and the endorsement has the effect of dispensing with the necessity of
there being a parent or guardian as a party to

the training agreement.

(6) The employer must arrange for—
Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997 s. 10

(a)	the training agreement to be executed by the parties and lodged with the Board or a person or body nominated by the Board within 14 days after the date of execution of the training agreement; and
(b)	a copy of the training agreement to be given to the apprentice within 14 days after the date of execution of the

training agreement; and

(c)	the apprentice to be enrolled in a vocational education and training course provided by a registered training
organisation, as required by the approved training scheme, within 3 months after the date of commencement of the training agreement; and
(d)	an outline of the training to be signed by—
(i) the employer; (ii) the apprentice; and
(iii) the registered training organisation;
(e)	referred to in paragraph (d) to be lodged with the Board, a person or body nominated by the Board or an approved training agent within 3

a copy of the outline of the training of the training agreement.

57. Term of a training agreement

(1) The Board may determine the term or terms

or fix minimum or maximum terms of

Vocational Education and Training (Training Framework) Act
1997

s. 10 Act No. 80/1997

training agreements for any vocation or for

any specified training agreement.

(2) If the Board is satisfied that an apprentice

has the knowledge and skills required under a training agreement it may reduce the term of the agreement.

(3) If the Board is satisfied that an apprentice

does not have the knowledge and skills
required under a training agreement it may
extend the term of the agreement.

58.  Cancellation, suspension or variation of a training agreement

(1) The parties to a training agreement may by mutual consent—

(a) cancel the training agreement; or

(b) suspend the training agreement; or

(c) vary the provisions of the training agreement.

(2) The Board may at any time order the

cancellation or suspension of a training
agreement if it is of the opinion that special

circumstances make the cancellation or
suspension desirable.

(3) The powers of the Board under sub-section

(2) are in addition to any other powers of the
Board under this Part.

59.

Suspension or cancellation of a training available

Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997 s. 10

(1) If an employer is temporarily unable to

provide sufficient work to keep an apprentice
fully employed under a training agreement
during any working week or month, the
employer may—

(a)	reduce the time of employment of the apprentice in the week or month; and
(b)	reduce the wages of the apprentice in proportion to the reduction of the time of his or her employment in the week or month.

(2) If an employer cannot provide sufficient

employment for an apprentice employed by
the employer under a training agreement
because of lack of business or financial
difficulties the Board may, on the application
of the employer—

(a)	order the suspension of the training agreement for any period that the Board thinks fit; or
(b)	order the cancellation of the training agreement.

(3) The Board must not make an order unless it

is satisfied after due inquiry that the
circumstances warrant the making of an
order.

(4) Nothing in this section limits the powers of

the employer to stand down an apprentice
under a provision of the apprentice's training
agreement for the standing-down of
apprentices who cannot usefully be
employed because of any strike, breakdown
of machinery or any stoppage of work for
any cause for which the employer cannot
reasonably be held responsible or the

Vocational Education and Training (Training Framework) Act
1997

s. 10 Act No. 80/1997

deduction of payment for any part of a day during which the apprentice is stood down.

60.  Board to determine grievances in certain circumstances

(1) The Board may determine any question or

difference arising between an employer and
an apprentice about—

(a)	the training agreement or anything contained in the training agreement; or
(b)	the construction or operation of the training agreement; or
(c)	the rights, duties and liabilities of the employer or apprentice under the training agreement; or
(d)	the dismissal or threatened dismissal of an apprentice if the apprentice believes that the dismissal or threatened
dismissal is harsh, unjust or unreasonable.

(2) The Board must not determine any question

or difference about whether money is or is
not due by an employer to an apprentice.

(3) The Board must enquire into any matter referred to it under this section and it may—

(a)	cancel, suspend or vary the training agreement; or
(b)	order all or any parties to a training agreement to perform all or specified obligations or duties under or related to the agreement; or
(c)	make any consequential orders that it thinks fit;

(d) make any other order it thinks fit.

Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997 s. 10

(4) A party to a proceeding before the Board

under this section is not entitled to legal
representation.

(5) A person must not contravene any order

made by the Board under this section.
Penalty: 5 penalty units.

61.  Associations of employers may employ apprentices

(1) An association of employers may enter into a training agreement with a person.

(2) The members of an association of employers that is not a body corporate must appoint one of their members who—

(a)	is to be treated as the employer of the apprentice for the purposes of this Act; and
(b)	must execute the training agreement on behalf of the association; and
(c)	is responsible for complying with this Act and the regulations.

62. Partnerships

(1) If a person has entered into a training

agreement with partners, the training
agreement is not determined by reason only
of the death or retirement of any of those
partners but is to be treated as being assigned
to the surviving or continuing partner or
partners.

(2) Upon the transmission of the business or any

part of the business of an employer, the
training agreement of an apprentice in any
vocation which may form part of the
business transmitted is to be treated as being

Vocational Education and Training (Training Framework) Act
1997

s. 11

s. 13 Act No. 80/1997

assigned to the person to whom the business

is being transmitted.

(3) In this section "transmission" includes

transfer, conveyance, assignment or succession whether by agreement or operation of law.

Division 4—Miscellaneous

63.

Register of apprentices register of apprentices who have entered into training agreements which have been lodged under section 56.

64.

Subsidies apprentice a subsidy towards the costs incurred in attending a vocational education and training course required by the training scheme and conducted by a registered training organisation at a place remote from the apprentice's home or place of work.'.

11. Definitions

Division 1 of Part 6 of the Principal Act is repealed.

12. Consequential amendments to section 74

In section 74(1)(b), (2)(b) and (3)(b) of the
Principal Act, after "Accredited Courses" insert

"and Recognised Qualifications".

13. Substitution of section 75 and repeal of section 76

For sections 75 and 76 of the Principal Act
substitute—

'75. Minister may establish training recognition

boards

Vocational Education and Training (Training Framework) Act
1997
Act No. 80/1997

(1) The Minister may, by Order published in the

Government Gazette, establish training
recognition boards.

(2) The functions of a training recognition board

are—

(a)	to provide advice to the Board and the Adult, Community and Further Education Board—
(i)	about the accreditation of vocational education and training and further education courses; and
(ii)

the registration of a person or organisation; and

(b)	to exercise any of the Board's powers under section 74, 81 or 85 that are delegated to its members under this Act; and
(c)	Adult, Community and Further Education Board under section 27 of the Adult, Community and Further

to exercise any of the powers of the to its members.

(3) If a majority of the members of a training

recognition board for the time being holding
office so agree, a meeting of the training
recognition board may be held by means of a
method of communication, or by means of a
combination of methods of communication,
approved by the training recognition board
for the purposes of that meeting.

(4) For the purposes of this section, a member of
a training recognition board who participates
in a meeting held as permitted by sub-section

Vocational Education and Training (Training Framework) Act
1997

s. 14 Act No. 80/1997

(3) is present at the meeting even if he or she is not physically present at the same place as another member participating in the meeting.

(5) In this section "meeting" includes part of a

meeting.'.

14. Accreditation of courses

Sections 77 and 78 of the Principal Act are repealed.

15.  State Register of Accredited Courses and Recognised Qualifications

(1) In section 78A(1) and (2) of the Principal Act after "Courses" (wherever occurring) insert "and Recognised Qualifications".

(2) After section 78A(2) of the Principal Act insert—

"(2A) At the request of the Minister, the Board

must record on the State Register of Accredited Courses and Recognised Qualifications a qualification that the

Minister is satisfied should be registered as a recognised qualification.".

16. Approval for delivery of courses

Section 79 of the Principal Act is repealed.

17. Offences

(1) In section 80(1) of the Principal Act, for

paragraphs (a), (ab), (b), (c) and (e) substitute—

"(a) is registered under section 81; or

(b)	is registered under section 13D of the Adult, Community and Further Education Act 1991.
Penalty:	For a natural person, 40 penalty units. For a body corporate, 200 penalty units.".

Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997 s. 18

(2) In section 80(2) of the Principal Act, for

paragraphs (a), (ab), (b), (c) and (e) substitute—

"(a) is registered under section 81; or

(b) is registered under section 13D of the Adult, Community and Further Education Act 1991.".

(3) In the penalty set out at the foot of section 80(2)

of the Principal Act—

(a) for "(a) in the case of" substitute "For"; and

(b) for "(b) in the case of" substitute "For".

18. Registration of training organisations

(1) After section 81(1) of the Principal Act insert—
"(1A) Any person or body that proposes to award,

confer or issue a recognised qualification may apply to the Board for registration.".

(2) In section 81(2) of the Principal Act, for

paragraph (b) substitute—

"(b) the qualification or class of qualifications

determined by the Board;".

(3) In section 81(3) of the Principal Act—

(a)	for "or course—" substitute ", course or qualification—";
(b)	"(a) financial standards; (b) marketing and promotion; (c) recruitment and selection of students;

for paragraphs (a) to (t) substitute— (e) delivery and assessment of training;

(f) premises, equipment, materials and
resources;

Vocational Education and Training (Training Framework) Act
1997

s. 19 Act No. 80/1997

(g) issuing of qualifications;
(h) qualifications and experience of staff;
(i) contracts with respect to students;
(j) student grievance procedures;

(k) recording and reporting requirements;

(l) previous experience in providing courses or issuing qualifications;

(m) the cost of services to be provided;

(n) the ability of the person or body to comply with and the person or body's record of compliance with any guidelines issued by the Board about any of the matters mentioned in this section.".

(4) In section 81(5) of the Principal Act, for "3"

substitute "5".

19. Offences

(1) In section 82 of the Principal Act, for paragraphs

(a), (b), (d), (e) and (f) substitute—
"(a) the person or body is registered under

section 81; or

(b) the person or body is registered under section 13D of the Adult, Community and Further Education Act 1991.".

(2) After section 82 of the Principal Act insert— '(2) A person or body must not in relation to a

qualification awarded, conferred or issued by
that person or body use the term
"government recognised" or any other term,
title, letters or description implying or that
may reasonably be understood to imply that
the qualification is a recognised qualification

Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997 s. 20

unless the person or body is registered under
section 81 or under section 13D of the
Adult, Community and Further

Education Act 1991.

Penalty:  For a natural person, 40 penalty units.
For a body corporate, 200 penalty
units.'.

20. Approval to deliver accredited courses

Section 83 of the Principal Act is repealed.

21. Register

In section 84 of the Principal Act after "81" insert "and persons or bodies registered under that section who or which may award, confer or issue recognised qualifications".

22. Endorsement of courses for overseas students

(1) For section 85(3) of the Principal Act

substitute—
"(3) In deciding whether to endorse a course the

Board may have regard to all or any of the following matters in relation to the institution offering the course—

(a) financial standards;
(b) marketing and promotion;
(c) recruitment and selection of students;
(d) class sizes;

(e) delivery and assessment of training;

(f) premises, equipment, materials and
resources;

(g) issuing of qualifications;
(h) qualifications and experience of staff;
(i) contracts with respect to students;

Vocational Education and Training (Training Framework) Act
1997

s. 22

s. 23 Act No. 80/1997

(j) student grievance procedures;

(k) recording and reporting requirements;

(l)	previous experience in providing courses;
(m)	with and the institution's record of compliance with any Act of the Commonwealth or a State or Territory of the Commonwealth relating to

the ability of the institution to comply students;

(n) student housing and accommodation;

(o) welfare services for students;

(p)	the ability of the person or body to comply with and the person or body's record of compliance with any guidelines issued by the Board about any of the matters mentioned in this section;
(q)	any other matter relating to the management or operation of the institution.".

(2) In section 85(5) of the Principal Act, for "three"

substitute "5".

(3) In section 85(6) and (7) of the Principal Act, omit "of study" (wherever occurring).

23. Defence Force Training

Division 5 of Part 6 of the Principal Act is repealed.

24. Definitions

In section 86 of the Principal Act—
Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997

(a)	the definition of "disabled student" is repealed;
(b)

for the definition of "TAFE provider" ' "TAFE provider" means a body registered

under section 81 or section 13D of the
Adult, Community and Further
Education Act 1991.'.

25. Rates of payment for students on practical placement After section 87(2) of the Principal Act insert— "(3) The Governor in Council may, by Order

published in the Government Gazette, fix a
rate of payment for students employed under
an agreement referred to in sub-section (1).

(4) A student employed under an agreement

referred to in sub-section (1) is entitled to
receive payment at the rate of payment that
is fixed by Order of the Governor in Council.

(5) The minimum rate of payment payable to a

student employed under an agreement
referred to in sub-section (1), despite
anything to the contrary in any Act or law, is
the minimum rate of payment as fixed by
Order of the Governor in Council.

(6) A department of the Commonwealth

government or a body established pursuant
to a Commonwealth Act that employs a
student under an agreement referred to in
sub-section (1) is not required to make any
payment to the student, despite anything to
the contrary in this or in any other Act or in
any law or training agreement.

(7) For the purposes of the Accident

Compensation Act 1985, a student
employed under an agreement referred to in

Vocational Education and Training (Training Framework) Act
1997

s. 26 Act No. 80/1997

sub-section (1) is deemed to be paid the
minimum rate of payment as fixed by Order
of the Governor in Council.".

26.  Conditions on the placement of post-secondary students

Section 89 of the Principal Act is repealed.

27. New section 90 substituted

For section 90 of the Principal Act substitute—
"90. Suspension of conditions for students

(1) The Board may suspend the operation of all or any of the provisions of this Part for any student or class of students.

(2) A suspension under sub-section (1) may operate for a specified time or indefinitely.".

28. Authorised officers

In section 91B of the Principal Act, after "Part 2" insert "or by the Council of a TAFE college, a University with a TAFE division or an approved training agent".

29. Evidentiary provisions

(1) In section 93 of the Principal Act, for sub-section

(1) substitute—
"(1) In any proceedings for an offence under this

Act a certificate signed by or on behalf of the

Director and stating that—

(a)	on any specified date a person is or is not or was or was not registered under section 63 as an apprentice who has
entered a training agreement lodged under section 56; or
(b)	on any specified date a person or body is or is not or was or was not registered

Vocational Education and Training (Training Framework) Act
1997

s. 30
s. 32

Act No. 80/1997

or registered with specific limitations or

restrictions under section 81; or

(c) on any specified date a person or body did or did not have the approval of the Board under section 53 to employ a

person under a training agreement—

is admissible in evidence in the proceedings
and, in the absence of evidence to the
contrary, is proof of the matters stated in the
certificate.".

30. Certificates

After section 93 of the Principal Act insert—

"93AA. Certificates

The Board may issue or arrange for the issuing of certificates to people who have satisfactorily completed an approved training scheme that has been entered into before the commencement of section 10 of the Vocational Education and Training (Training Framework) Act 1997."

31. Reference to Subordinate Legislation Act

(1) In section 94 of the Principal Act, omit "(1)".

(2) In section 94 of the Principal Act, sub-sections (2)

and (3) are repealed.

32. Fees for certificates

In section 94A of the Principal Act, for "Part 5 or

6" substitute "this Act".

33. New section 94B inserted

After section 94A of the Principal Act insert—

"94B. Review of decisions by training agents

(1) A person who is aggrieved by any decision of an approved training agent made under

Vocational Education and Training (Training Framework) Act
1997

s. 34 Act No. 80/1997

section 53, 56(3), 57, 59(2), 74, 81 or 85
acting as a delegate of the Board under
section 20B may apply to the Board for a
review of that decision within 14 days after
the person was notified of that decision by
the approved training agent or within any
longer period that the Board allows.

(2) The Board may exercise all the powers and

discretions that it would have had in
determining the matter under review and
may in writing—

(a) affirm the decision under review; or

(b) vary the decision under review; or

(c) set aside the decision under review and—

(i)  make a decision in substitution for the decision set aside; or

(ii) remit the matter for
reconsideration by the approved
training agent in accordance with
any directions or
recommendations of the Board.".

34. State Training Wage

(1) In Schedule 3 to the Principal Act, in clause 5,

sub-clause (1) is repealed.

(2) In Schedule 3 to the Principal Act—

(a) in clause 1, the definition of "trainee" is repealed;

(b) in clause 2, sub-clause (4) is repealed;

(c) in clause 3—

(i) for "traineeships" substitute
"apprenticeships";

Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997 s. 35

(ii)  for "trainees" (where twice occurring) substitute "apprentices".

(d) in clause 4(1) and (3) for "trainee" substitute "apprentice";

(e) in clause 5—

(i)  in sub-clauses (2), (3), (4), (5) and (7) for "a trainee" substitute "an apprentice";

(ii)  in sub-clauses (2), (6) and (7) for "the trainee" substitute "the apprentice";

(iii) in sub-clause (6)—
(A) for "A trainee" substitute "An

apprentice";

(B) for "trainees" substitute

"apprentices";

(f) in clause 6—

(i)  in sub-clause (1) for "trainees" substitute "apprentices";

(ii)  in sub-clause (2) for "a trainee" substitute "an apprentice";

(g) clause 7 is repealed.

35. Statute law revision

(1) In section 1(d) of the Principal Act for "work

place" substitute "workplace".

(2) In section 3 of the Principal Act, in the definition

of "National Statement", for "to Australian"
substitute "to the Australian".

(3) In section 15(1) of the Principal Act omit

"including a Deputy Chairperson".
Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997

(4) In section 37(1) of the Principal Act for "(1) The"

substitute "The".

(5) In section 95(5)(b) of the Principal Act after

"Board;" insert "and". 36. Further savings provisions After section 97 of the Principal Act insert—

"Division 2—Further savings provisions

98. Vocational Education and Training
(Training Framework) Act 1997

(1) A contract of training entered into and in force under Part 5 immediately before the commencement of section 10 of the

Vocational Education and Training
(Training Framework) Act 1997 is deemed
to be a training agreement.

(2) An employer who obtained the permission of

the Board to employ a person in a vocation
under a contract of training or training
agreement before the commencement of
section 10 is deemed to have obtained the
approval of the Board under section 53 to
employ that person as an apprentice.

(3) A TAFE college, an institution specified in Schedule 1 or 2 to the Tertiary Education Act 1993 and the Council of Adult

Education are deemed to be registered under section 81 until 30 June 1999.

(4) On the commencement of section 13 of the

Vocational Education and Training
(Training Framework) Act 1997 a person
holding office as a member of the Vocational
Education and Training Accreditation Board
or an industry training accreditation board
immediately before that date, goes out of

Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997 s. 36

office but is eligible for appointment as a
member of a training recognition board

established under section 75.".

_______________
Vocational Education and Training (Training Framework) Act
1997

s. 37 Act No. 80/1997

PART 3—AMENDMENTS TO THE ADULT, COMMUNITY

AND FURTHER EDUCATION ACT 1991

37. Principal Act

No. 91/1991.	In this Part the Adult, Community and Further
Reprint No. 2
as at 15 May	Education Act 1991 is called the Principal Act.
1997.

38. Adult, community and further education plan

(1) For section 12(1) of the Principal Act

substitute—

"(1) The Board and the State Training Board

must jointly prepare an adult, community

and further education plan.".

(2) After section 12(3) of the Principal Act insert—

"(3A) Nothing in sub-section (3) prevents a new

plan from being made before the end of three
years.".

(3) For section 12(5) of the Principal Act

substitute—

"(5) Each plan must be reviewed at regular

intervals not exceeding 3 years after the
making of the last plan.".

(4) In section 12(7) of the Principal Act for "making, revision" substitute "making".

39. Accreditation of courses

In section 13A(1), (2)(b) and (6)(a) of the
Principal Act, after "State Register of Accredited
Courses" (wherever occurring) insert "and

Recognised Qualifications".

40. New section 13B substituted

For section 13B of the Principal Act substitute—

Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997 s. 40

'13B. Minister may establish further education

recognition boards

(1) The Minister may, by Order published in the

Government Gazette, establish further
education recognition boards.

(2) The functions of a further education

recognition board are—

(a)	to provide advice to the Board about the accreditation of further education courses and the registration of
community providers of further education; and
(b)

to exercise any of the Board's powers or delegated to its members under section 27; and

(c) to exercise any of the powers or functions of the State Training Board that are delegated to its members under section 20(1)(g) of the Vocational Education and Training Act 1990.

(3) If a majority of the members of a further education recognition board for the time being holding office so agree, a meeting of

the further education recognition board may
be held by means of a method of
communication, or by means of a
combination of methods of communication,
approved by the further education
recognition board for the purposes of that
meeting.

(4) For the purposes of this section, a member of a further education and training recognition board who participates in a meeting held as permitted by sub-section (3) is present at the

Vocational Education and Training (Training Framework) Act
1997

s. 41 Act No. 80/1997

meeting even if he or she is not physically
present at the same place as another member

participating in the meeting.

(5) In this section "meeting" includes part of a

meeting.'.

41. Registration of training organisations

(1) After section 13D(1) of the Principal Act insert—

"(1A) Any person or body which is community

based and which is not a TAFE college,
commercial provider or industry provider
that proposes to award, confer or issue a
recognised qualification may apply to the
Board for registration.".

(2) In section 13D(2) after "courses" insert "or
qualification or classes of qualifications".

(3) In section 13D(3) of the Principal Act, for

paragraphs (a) to (r) substitute—
"(a) financial standards;
(b) marketing and promotion;
(c) recruitment and selection of students;
(d) class sizes;

(e) delivery and assessment of training;

(f) premises, equipment, materials and
resources;

(g) issuing of qualifications;
(h) qualifications and experience of staff;
(i) contracts with respect to students;
(j) student grievance procedures;

(k) recording and reporting requirements;

(l) previous experience in providing courses or issuing qualifications;

Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997 s. 42

(m) the cost of services;

(n) the ability of the person or body to comply with and the person or body's record of compliance with any guidelines issued by the Board about any of the matters mentioned in this section.".

42. Approval to deliver accredited courses

Section 13E of the Principal Act is repealed.

43. Membership of the Board

In section 19(1) of the Principal Act—

(a) for "16" substitute "13";

(b) in paragraph (a) for "15" substitute "12";

(c)	in paragraph (a)(ii) for "of and are" substitute "as or are";
(d)	in paragraph (a), sub-paragraphs (iii), (iv) and (v) are repealed;
(e)	in paragraph (a)(vii) for "current" substitute "knowledge of or";
(f)	in paragraph (b) omit "and this member is to be Deputy Chairperson of the Board".

44. Delegations

In section 27 of the Principal Act, for paragraph
(k) substitute—

"(k) the members of a further education

recognition board established under section
13B or the members of a training recognition
board established under section 75 of the
Vocational Education and Training Act

1990.".

45. New section 27A inserted

After section 27 of the Principal Act insert—

Vocational Education and Training (Training Framework) Act
1997

s. 45 Act No. 80/1997

"27A. Delegations to approved training agents
(1) Without limiting the powers of the Board

under section 27, the Board may, by the Board under section 13A, 13D or 13F.
instrument under its common seal, delegate
to any person, or the members of any body,
appointed as an approved training agent
under the Vocational Education and

(2) A person who is aggrieved by any decision

of an approved training agent made under
section 13A, 13D or 13F acting as a delegate
of the Board under sub-section (1) may
apply to the Board for a review of that
decision within 14 days after the person was
notified of that decision by the approved
training agent or within any longer period
that the Board allows.

(3) The Board may exercise all the powers and

discretions that it would have had in
determining the matter under review and
may in writing—

(a) affirm the decision under review; or

(b) vary the decision under review; or

(c) set aside the decision under review and—

(i)  make a decision in substitution for the decision set aside; or

(ii) remit the matter for
reconsideration by the approved
training agent in accordance with
any directions or
recommendations of the Board.".

Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997 s. 46

46. Functions of Regional Councils

(1) For section 35(1)(d) of the Principal Act

substitute—

"(d) to prepare plans for all adult, community and

further education in the region; and".

(2) After section 35(1) of the Principal Act insert—

"(1A) The Minister may from time to time, by

notice published in the Government Gazette,
confer additional functions relating to the
objects of this Act on a Regional Council.".

47. Accountability of Regional Council

In section 37(b) and (c) of the Principal Act, omit

"general".

48. Chairpersons of Regional Councils

(1) In section 38(1) of the Principal Act after "Minister" insert "of whom one shall be appointed Chairperson".

(2) In section 38(3)(b) of the Principal Act, for "current" substitute "knowledge of or".

49. New section 52 inserted

After section 51 of the Principal Act insert—
"52. Saving of Board

A person who was a member of the Board immediately before the commencement of section 43 of the Vocational Education and

Training (Training Framework) Act 1997 continues to be a member until the expiry of his or her current term of office.".

_______________
Vocational Education and Training (Training Framework) Act
1997

s. 50 Act No. 80/1997

PART 4—AMENDMENTS TO OTHER ACTS

Division 1—Accident Compensation Act 1985

No.

10191/1985	50. Amendment of definitions
Reprint No. 7
as at 20	In section 5(1) of the Accident Compensation
March 1997.	Act 1985—
Further
amended by	(a) in the definition of "apprentice" for "a
Nos. 50/1994,
60/1996,	trainee" substitute "an apprentice";
63/1996,
84/1996 and	(b) in the definition of "remuneration" paragraph
45/1997.	"(i)" is repealed;

(c)

in the definition of "remuneration" for "(j) remuneration paid or payable to an

apprentice under a training agreement Vocational Education and Training Act 1990 if the apprentice or training scheme is, or is in a class of apprentices or training schemes, declared by the Minister to be an apprentice or training scheme to which this paragraph applies;";

made in accordance with a training
scheme that is approved by the State

(d) in the definition of "student worker" after "(d)" insert "or (e)".

Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997 s. 51

Division 2—Accident Compensation (WorkCover
Insurance) Act 1993

51.  Amendment of application of Act—post-secondary students on work experience placement

In sections 4 and 7(4A) of the Accident	No. 50/1993. Reprint No. 3
Compensation (WorkCover Insurance) Act	as at
1993, after "(d)" insert "or (e)".	16 January 1997. Further amended by No. 60/1996.
Division 3 —Pay-roll Tax Act 1971

52.	Exemption from Pay-roll tax—consequential amendment
(1) In section 10(1) of the Pay-roll Tax Act 1971, for paragraphs (k) and (l) substitute— No. 8154. Reprint No 6

as at

22 August

"(k) to an apprentice under a training agreement

that is approved by the State Training Board
under section 51 of the Vocational

1997.

made in accordance with a training scheme apprentice or the training scheme is, or is in a class of apprentices or training schemes, exempted by the Minister from the application of this Act.".

Division 4 —Tertiary Education Act 1993

53. Amendment to definition

In section 9 of the Tertiary Education Act 1993,	No. 18/1993. Reprint No. 1
in the definition of "higher education award" after	as at
"Accredited Courses" insert "and Recognised	7 November
Qualifications".	1996.

Vocational Education and Training (Training Framework) Act
1997

s. 54 Act No. 80/1997

54. References to Subordinate Legislation Act

(1) For section 10(13) of the Tertiary Education Act 1993 substitute—

"(13) Part 5 of the Subordinate Legislation Act 1994 applies to an Order under this section as if the Order were a statutory rule within the meaning of that Act laid before each

House of the Parliament under section 15 of that Act.".

(2) In section 22 of the Tertiary Education Act

1993, sub-sections (4) and (5) are repealed.

_______________
Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997 s. 55

PART 6—CONSEQUENTIAL AMENDMENTS

55. Consequential amendments

An Act specified in the heading to an item in Schedule 1 is amended as set out in that item.

_______________
Vocational Education and Training (Training Framework) Act
1997

Sch. 1 Act No. 80/1997

SCHEDULE 1

Section 55

CONSEQUENTIAL AMENDMENTS

1. Building Act 1993

1.1 In section 221B, in the definition of "plumbing apprentice", for "a trainee" substitute "an apprentice".

2. Dental Technicians Act 1972

3.1 In section 33(2) for "contract of training" substitute

"training agreement".

3. Education Act 1958

2.1 Section 64M(4) is repealed.

4. Transport Accident Act 1986

5.1 In section 3(1), in the definition of "apprentice", for "a

trainee within the meaning of section 46" substitute "an
apprentice within the meaning of section 3".

═══════════════
Vocational Education and Training (Training Framework) Act
1997

Act No. 80/1997 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 18 September 1997

Legislative Council: 29 October 1997

The long title for the Bill for this Act was "to amend the Vocational Education and Training Act 1990 and the Adult, Community and Further Education Act 1991 to make further provision for vocational

education and training and adult, community and further education, to purposes."

amend the Accident Compensation Act 1985, the Accident
Compensation (WorkCover Insurance) Act 1993 and the Pay-roll Tax