Victorian Qualifications Authority Act 2000 (Vic)
Version No. 013
Victorian Qualifications Authority Act 2000
Act No. 97/2000
Version incorporating amendments as at 5 April 2005
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1.Purposes
2.Commencement
3.Definitions
PART 2—VICTORIAN QUALIFICATIONS AUTHORITY
4.Establishment of Authority
5.Objectives of the Authority
6.Functions of Authority
7.Powers of Authority
8.Ministerial directions
9.Membership of Authority
10.Terms and conditions of appointment
11.Acting members
12.Validity of acts or decisions of the Authority
13.Meetings of the Authority
14.Public service staff
15.Establishment of committees
16.Delegation of Authority's power
17.Victorian Qualifications Authority Fund
18.Investment powers
PART 3—SPECIAL FUNCTIONS OF AUTHORITY
Division 1—Registers
19.State Register of Accredited Courses and Recognised Qualifications
20.Register of education and training organisations
20A.National Register
Division 2—Investigation, Accreditation and Registration
21.Investigation of a course or part of a course by Authority
22.Accreditation of a course or part of a course
22A.Cancellation of accreditation
23.Registration of education and training organisations
23A.Approval of providers to be delegated powers
Division 2A—National Registration
23B.Application of Division
23C.Registration and national effect of registration
23D.Applying in Victoria for registration
23E.Decision about registration
23F.Registration conditions
23G.Term of registration
23H.Amending registration on application by registered training organisation
23I.Removal of registered details on registration expiry or on application
23J.Amending, suspending or cancelling registration without application
23K.Cancelling registration on change of business operations
23L.Effect of suspension of registration of RTO
23M.Registering body to register amendment, suspension or cancellation
23N.Audit of RTO registered by the Authority
23O.Audit of RTO registered by another registering body
23P.Conduct of audit
23Q.Powers not limited by compliance audit provisions
23R.Function or power may be used to support national scheme
Division 3—Issue of Qualifications
24.Who can issue qualifications?
24A.Cancellation or alteration of statements
Division 4—Offences
25.Offences by unregistered persons
26.Offences in relation to accredited courses and recognised qualifications
26A.Offence to falsely claim to be an RTO
26B.Offence to falsely claim to provide an accredited course
Division 5—Overseas Students
27.Approval of providers of courses for overseas students
Division 6—Enforcement
28.Authorised officers
29.Identification
30.Powers of authorised officers
31.Proceedings for offences
32.Offences by corporations etc.
33.Evidentiary
33A.Information may be made available to other registering bodies
PART 4—GENERAL
34.Regulations
35.Borrowing and Investment Powers Act 1987
35A.Fees
36.Transitional provisions for new Authority
37.Consequential amendments
PART 5—VICTORIAN LEARNING AND EMPLOYMENT SKILLS COMMISSION
38.Amendment of name and functions of State Training Board
39.Membership
40.New section 99 inserted
99.Transitional provisions
PART 6—TRANSITIONAL PROVISIONS
41.Transitional provisions—National Register
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SCHEDULES 1, 2—Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 013
Victorian Qualifications Authority Act 2000
Act No. 97/2000
Version incorporating amendments as at 5 April 2005
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1.Purposes
The main purposes of this Act are to establish the Victorian Qualifications Authority and to re-constitute the State Training Board of Victoria as the Victorian Learning and Employment Skills Commission and to make consequential amendments to other Acts to transfer certain accreditation and registration functions of other educational authorities to the new Authority.
2.Commencement
(1)Subject to sub-section (2), the provisions of this Act (including the items in the Schedules) come into operation on a day or days to be proclaimed.
(2)If a provision referred to in sub-section (1) does not come into operation before 1 December 2001, it comes into operation on that day.
3.Definitions
In this Act—
"accreditation" includes renewed accreditation;
"accredited" means—
(a)in relation to a vocational education and training or further education course, registered on the State Register and National Register;
(b)in relation to any other course, registered as accredited on the State Register as being suitable for the purposes of a qualification;
* * * * *
"amended" includes varied, altered and replaced;
"ANTA" means the Australian National Training Authority established under the Australian National Training Authority Act 1992 of the Commonwealth;
"ANTA agreement" means the agreement defined in section 4(1) of the Australian National Training Authority Act 1992 of the Commonwealth;
"AQF" means the framework known as the 'Australian Qualifications Framework' endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs to commence on 1 January 1995, as amended from time to time;
"AQTF" means the policy framework entitled 'Australian Quality Training Framework' that defines the criteria and standards for the registration of training organisations and the accreditation of courses in the vocational education and training sector endorsed by the ministerial council on 8 June 2001, and that policy framework as amended from time to time;
"assessment process", in relation to a course, means the methods and criteria used or to be used to determine whether a student has achieved the learning outcomes or competencies specified for that course;
"Authority" means the Victorian Qualifications Authority established by section 4;
"authorised officer" means an officer authorised under section 28;
"Chairperson" means the Chairperson of the Authority;
"Commission" means the Victorian Learning and Employment Skills Commission under the Vocational Educational and Training Act 1990;
"condition", in relation to an RTO, means—
(a)a condition or limitation on all or some of the operations of an RTO; or
(b)a restriction;
"corresponding law" means—
(a)if a regulation prescribes a law of another jurisdiction as the corresponding law for the purposes of this definition, the law prescribed under the regulation; or
(b)otherwise, a law of another jurisdiction that corresponds with this Act or a provision of this Act;
"course" means—
(a)a course normally undertaken in, or designed to be undertaken in, year 11 or 12 of the school years; or
(b)a course leading to the issue of the VCE; or
(c)a vocational education and training course or a sequence of vocational education and training; or
(d)a further education course—
and includes—
(e)a program of study or training leading to the award or issue of a particular qualification; and
(f)a subject or other part of a program of study or training leading to the award or issue of a particular qualification; and
(g)any other study or training notified by the Minister in the Government Gazette to be a course for the purposes of this Act;
"course leading to a qualification" means a course the satisfactory completion of which will entitle the student to be awarded or issued with the qualification;
"Department" means the Department of Education and Training;
"Director" means the Director employed under section 14;
"Fund" means the Victorian Qualifications Authority Fund established under section 17;
"further education" means that part of technical and further education which is not vocational education and training and which is not provided or offered by a university or an autonomous college;
"higher education award" means a higher education award within the meaning of the Tertiary Education Act 1993;
"jurisdiction" means Victoria or, if it has enacted a corresponding law, another State or internal Territory;
"learning outcome", in relation to a course, means a written statement of what a student will know and be able to do as a result of successfully undertaking the course;
"legislative compliance standard" is the standard included in the RTO standards requiring that an RTO ensures that compliance with Commonwealth, State and Territory legislation and regulatory requirements relevant to its operations is integrated into its policies and procedures and that compliance is maintained;
"member" means member of the Authority and includes the Chairperson;
"ministerial council" means the council consisting of the Ministers from each State and the Commonwealth responsible for vocational education and training operating in accordance with the ANTA agreement;
"National Register" means the National Training Information Service maintained by the Australian National Training Authority to the extent that the Register consists of matters registered in accordance with this Act;
"prohibition", in relation to an RTO, means a prohibition on all or some of the operations of the RTO;
"qualification" means—
(a)in relation to vocational education and training or further education, formal certification by an RTO and under the AQF that a person has achieved all the units of competencies or modules comprising learning outcomes stated for the qualification in—
(i)a nationally endorsed training package for which details of the qualification have been registered by ANTA; or
(ii)an accredited course that provides training for the qualification; and
(b)in relation to any other education or training, means the recognition, by the award or issue of a certificate or otherwise, that a student has achieved particular learning outcomes or competencies;
* * * * *
"recognised qualification" means a qualification that is registered on the State Register;
* * * * *
"Register of Education and Training Organisations" means the Register of Education and Training Organisations maintained under section 20;
"registered", in relation to vocational education and training or further education, includes registered on the National Register;
"registered education and training organisation" means a person or body registered under section 20 to deliver an accredited course or issue a recognised qualification;
"registering body", in relation to vocational education and training or further education, means the Authority or a body equivalent to the Authority in another jurisdiction responsible for the registration of training organisations under that jurisdiction's legislation relating to vocational education and training;
"registration", in relation to an RTO, includes renewed registration;
"restriction", in relation to an RTO, means a restriction on all or some of the operations of an RTO or a prohibition;
"RTO" means a training organisation registered on the National Register;
"RTO standards" means the standards for registered training organisations adopted on 8 June 2001 by the ministerial council under the Australian Quality Training Framework endorsed by the council on that date;
"school" means a State school within the meaning of the Education Act 1958 or a school registered as a secondary school under Part III of that Act;
"statement of attainment", in relation to vocational education and training or further education, means formal certification by an RTO under the AQF that a person has achieved—
(a)part of a qualification; or
(b)one or more units of competency from a nationally endorsed training package; or
(c)all the units of competency or modules comprising learning outcomes for an accredited course that does not meet the requirements for a qualification;
"State Register" means the State Register of Accredited Courses and Recognised Qualifications maintained under section 19;
"technical and further education" has the same meaning as in the Tertiary Education Act 1993;
"unit of competency", in relation to vocational education and training or further education, means a specification of knowledge and skill and their application to a specified standard of performance;
"VCE" means the Victorian Certificate of Education;
"vocational education and training" means—
(a)that part of technical and further education which is directed to the development of skills in relation to a trade or vocation; and
(b)apprenticeships and other forms of training which are based in the workplace.
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PART 2—VICTORIAN QUALIFICATIONS AUTHORITY
4.Establishment of Authority
(1)There is established a Victorian Qualifications Authority.
(2)The Authority—
(a)is a body corporate with perpetual succession;
(b)has a common seal;
(c)may sue and be sued in its corporate name;
(d)may acquire, hold and dispose of real and personal property;
(e)may do and suffer all acts and things that a body corporate may by law do and suffer.
(3)The common seal must be kept as directed by the Authority and must only be used as authorised by the Authority.
(4)All courts must take judicial notice of the imprint of the common seal on a document and, until the contrary is proved, must presume that the document was properly sealed.
5.Objectives of the Authority
The objectives of the Authority are to—
(a)develop and monitor standards for education and training normally undertaken in, or designed to be undertaken in the years after year 10;
(b)ensure and support appropriate linkages between qualifications;
(c)facilitate procedures which make it easier for people to re-enter education and training and acquire qualifications throughout their lives.
6.Functions of Authority
(1)The functions of the Authority are to—
(a)develop policies, criteria and standards for the accreditation of courses, the recognition of qualifications, the quality assurance for qualifications issued in accordance with this Act and the registration of courses, qualifications and education and training organisations;
(b)accredit courses and register accredited courses;
(c)recognise qualifications (including qualifications developed outside Victoria and Australia) and provide for the registration of recognised qualifications;
(d)approve providers of accredited courses and persons who can award or issue recognised qualifications and to register those providers and persons;
(da)register on the National Register—
(i)approved providers of vocational education and training and further education;
(ii)accredited courses in vocational education and training and further education;
(db)conduct audits of training organisations;
(e)award or issue recognised qualifications and qualifications for accredited courses;
(f)enter into arrangements with other agencies for those agencies to develop and modify courses;
(g)promote and develop linkages between accredited courses and recognised qualifications and support articulation between those courses and courses in other sectors of education;
(h)monitor—
(i)patterns of participation by students in accredited courses or other education or training that leads to the issue of a recognised qualification; and
(ii)the outcomes of those courses, recognised qualifications and education and training;
(i)perform any other function conferred on the Authority by this or any other Act.
(2)The Authority must consider advice from—
(a)the Victorian Curriculum and Assessment Authority about courses in schools normally undertaken in years 11 and 12 and qualifications issued to students in those years of school; and
(b)the Adult, Community and Further Education Board about courses and qualifications in further education; and
(c)the Commission about courses and qualifications in vocational education and training.
(3)The Authority must consult with the relevant Authority, Board or Commission referred to in sub-section (2), and may consult any other relevant person or body, about linkages between qualifications or parts of qualifications.
7.Powers of Authority
(1)For the purpose of performing its functions, the Authority has power to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions.
(2)This section does not limit any other power given to the Authority by any other provision of this Act.
8.Ministerial directions
(1)The Minister may give to the Authority written directions in relation to the exercise of its powers or the performance of its functions, including discretionary powers and functions.
(2)The Authority must comply with any directions given under sub-section (1).
(3)The Authority must include in its annual report a copy of each direction given to it under sub-section (1) in the period to which the report relates.
(4)The Minister may not give the Authority a direction in relation to any particular student about the following—
(a)the recognition of the completion of an accredited course or part of an accredited course;
(b)the award or issue of a recognised qualification;
(c)the award or issue of a qualification for an accredited course;
(d)the recognition of the matters in paragraph (a), (b) or (c) by the issuing of a written statement or otherwise.
9.Membership of Authority
(1)The Authority consists of not less than 10 and not more than 15 members of whom—
(a)one is to be appointed by the Governor in Council as the Chairperson on the nomination of the Minister as a person who, in the Minister's opinion, is highly regarded in the area of post compulsory education;
(b)one is to be the Secretary to the Department or the nominee of the Secretary;
(c)one is to be the Chairperson or the nominee of the Chairperson of the Victorian Curriculum and Assessment Authority;
(d)one is to be the Chairperson or the nominee of the Chairperson of the Commission;
(e)one is to be the Chairperson or the nominee of the Chairperson of the Adult, Community and Further Education Board;
(f)the remaining members are to be appointed by the Governor in Council on the nomination of the Minister in accordance with sub-section (2).
(2)In nominating persons to the Governor in Council for appointment to the Authority under sub-section (1)(f) the Minister must have regard to ensuring that—
(a)the members of the Authority include—
(i)at least 4 persons who are engaged in providing post compulsory education;
(ii)at least 4 persons with knowledge of or experience in industry;
(iii)at least 1 person who is engaged in providing higher education;
(b)the composition of the Authority—
(i)is a fair and balanced reflection of the diversity of the community; and
(ii)reflects both metropolitan and country interests;
(c)there is sufficient financial and management expertise amongst the members of the Authority.
(3)An appointed member may resign from office by delivering to the Governor in Council a signed letter of resignation.
(4)The Governor in Council may at any time remove an appointed member from office.
(5)The office of an appointed member becomes vacant if—
(a)the member becomes bankrupt; or
(b)the member is found guilty of an offence which is, or which would if committed in Victoria be, an indictable offence; or
(c)the member is absent from 3 consecutive meetings of the Authority without the leave of the Chairperson, or in the case of the Chairperson without the Minister's leave.
10.Terms and conditions of appointment
(1)An appointment as member is for the term, not exceeding 3 years, specified in the instrument of appointment but a member is eligible for re-appointment.
(2)A member holds office on a part-time basis.
(3)An appointed member, other than a person who holds a full time government office or a full time office in the public service, teaching service or with a statutory authority and whose travelling expenses and personal expenses are paid through that office, is entitled to be paid—
(a)any remuneration that is specified in the instrument of appointment or that is fixed from time to time by the Governor in Council; and
(b)allowances for travelling and personal expenses at the rates and on the conditions that are applicable to officers of the public service.
(4)A member must in the exercise of his or her functions—
(a)act honestly; and
(b)exercise reasonable care and diligence; and
(c)not make improper use of any information acquired as a member of the Authority; and
(d)disclose to the Authority any conflict of interest or duties except those arising directly out of the person's qualification for membership of the Authority.
(5)A member is appointed subject to any other terms and conditions that are specified in the instrument of appointment and that are not inconsistent with this Act.
11.Acting members
(1)If a member is unable to perform his or her duties or is absent from duty or there is a vacancy in the office of a member, the Minister may appoint a person whom the Minister considers suitable to act in the place of that member during that inability, absence or until the vacancy is filled or for any other period specified in the instrument of appointment.
(2)A person so appointed, while acting in the place of the member or during the vacancy in the office of a member—
(a)has all the powers and may perform all the functions of the member; and
(b)if the person does not hold a full-time government office or a full-time office in the public service, the teaching service or with a statutory authority, is entitled to be paid any remuneration and travelling or other allowances that the member would have been entitled to under section 10(3).
(3)An acting member may resign his or her office in writing delivered to the Governor in Council.
(4)The Governor in Council may remove or suspend an acting member from office
12.Validity of acts or decisions of the Authority
An act or decision of the Authority is not invalid only because—
(a)of a vacancy in the office of a member; or
(b)of a defect or irregularity in or in connection with the appointment of a member; or
(c)in the case of a presiding or acting member, the occasion for that person so presiding or acting had not arisen or had ceased.
13.Meetings of the Authority
(1)The Chairperson must preside at any meeting of the Authority at which he or she is present.
(2)If the Chairperson is absent, a member elected by the members present at an Authority meeting must preside.
(3)A majority of members in office at the time constitutes a quorum.
(4)A question arising at an Authority meeting is determined by a majority of votes and, if the votes are equal, the person presiding has a casting vote.
(5)Meetings of the Authority (of which there must be at least 6 in each year) shall be held at the times and places determined by the Authority or directed by the chairperson.
(6)The Authority may permit members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.
(7)The Authority must keep a record of the decisions and full and accurate minutes of its meetings.
(8)Subject to this Act, the Authority may regulate its own proceedings.
14.Public service staff
(1)A Director and any other employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.
(2)The Director is responsible for implementing any policy or decision of the Minister or the Authority made in accordance with this Act.
15.Establishment of committees
(1)The Authority may, to facilitate its functioning, establish any committee and appoint members to it including any person who is not a member of the Authority.
(2)A committee may exercise any power or perform any function delegated to it by the Authority.
16.Delegation of Authority's power
(1)The Authority may, by instrument under its common seal, delegate any function or power of the Authority, other than this power of delegation to any of the following—
(a)a member of the Authority;
(b)a member or the members of a committee established under section 15;
(c)the Director or any other person employed under section 14;
(d)the Secretary or any other person employed in the Department;
(e)the Commission;
(f)the Adult Community and Further Education Board;
(g)the Victorian Curriculum and Assessment Authority.
(2)The Authority may, by instrument under its common seal, delegate any power of the Authority to award or issue qualifications to any of the persons or bodies referred to in sub-section (1) or a registered education and training organisation.
(3)The Authority, by instrument under its common seal, may delegate any of the following powers of the Authority to a registered education and training organisation that has been approved by the Authority for the purposes of this sub-section—
(a)the power under section 21 to investigate—
(i)a vocational education and training course or a sequence of vocational education and training;
(ii)a further education course, other than a further education course leading to the issue of a higher education award;
(iii)any part of a course referred to in sub-paragraph (i) or (ii)—
that the registered education and training organisation provides or proposes to provide to determine whether it should be registered as accredited or continue to be registered as accredited;
(b)the power under section 23(1A) to authorise the registered education and training organisation to provide an accredited vocational education and training course or part of such a course or a further education course, other than a further education course leading to the issue of a higher education award;
(c)the power under section 23(2A) to authorise the registered education and training organisation to award or issue a recognised vocational education and training qualification or a recognised further education qualification, other than a further education qualification that is a higher education award.
17.Victorian Qualifications Authority Fund
(1)The Authority must establish and maintain a Fund to be known as the Victorian Qualifications Authority Fund.
(2)There must be paid into the Fund—
(a)any investment income received by the Authority; and
(b)the proceeds of the sale of any investment made by the Authority; and
(c)any other money received by the Authority.
(3)There must be paid out of the Fund any payment that is authorised by the Authority to be made out of the Fund for or towards the costs and expenses of the exercise of powers or performance of functions by the Authority.
(4)The Authority may invest money in the Fund—
(a)in any manner in which a trustee may invest trust funds under the Trustee Act 1958; or
(b)in any other manner approved by the Minister.
18.Investment powers
The Authority has the investment powers conferred on it by the Borrowing and Investment Powers Act 1987.
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PART 3—SPECIAL FUNCTIONS OF AUTHORITY
Division 1—Registers
19.State Register of Accredited Courses and Recognised Qualifications
(1)The Authority must maintain a State Register of Accredited Courses and Recognised Qualifications.
(2)If the Authority determines that a course or part of a course should be registered as accredited on the Register the Authority must register the course or part of the course as accredited on the Register.
(3)The Authority must, on the request of the Minister—
(a)record on the Register a qualification that the Minister is satisfied should be registered as a recognised qualification; and
(b)strike off the Register a qualification that the Minister is satisfied should be struck off the Register.
(4)The Authority may record on the Register any other qualification that the Authority is satisfied should be registered as a recognised qualification.
(5)If the Authority determines that a course should be struck off the Register, the Authority must strike the course off the Register.
(6)The Authority may do any of the things referred to in sub-section (2) or (5) in relation to a course whether or not the course has been investigated under this Part.
(7)The Authority must not record on the Register any qualification that is a higher education award within the meaning of the Tertiary Education Act 1993.
20.Register of education and training organisations
(1)The Authority must establish and maintain a register of persons or bodies who—
(a)are authorised by the Authority under section 23 to provide accredited courses; and
(b)are authorised by the Authority under section 23 to award or issue recognised qualifications.
(2)The Register must specify—
(a)the name of the registered person or body; and
(b)the accredited course or courses that the registered person or body is authorised to provide; and
(c)t he recognised qualification or qualifications that the registered person or body is authorised to award or issue; and
(d)any limitations or restrictions on the registration.
20A.National Register
(1)The Authority must register on the National Register a person who is registered as an education and training organisation under section 20 with respect to a course or qualification in vocational education and training or further education.
(2)The Authority may register a person on the National Register as a training organisation that provides, within its scope of registration—
(a)training and assessments resulting in the issue of qualifications or statements of attainment by the organisation; or
(b)assessments resulting in the issue of qualifications or statements of attainment by the organisation.
(3)The Authority must register on the National Register a vocational education and training course or a further education course that is registered as accredited on the State Register.
(4)If the accreditation of a vocational education and training course or a further education course that was registered on the National Register by the Authority expires, the Authority must remove the registered details of the course from the National Register.
(5)If the Authority cancels the accreditation of a vocational education and training course or a further education course that was registered on the State Register and the National Register by the Authority, the Authority must remove the registered details of the course from the National Register.
Division 2—Investigation, Accreditation and Registration
21.Investigation of a course or part of a course by Authority
(1)The Authority may investigate any course or part of a course to determine whether it should be registered as accredited.
(2)The Authority may, on the application of a person or body that has applied for registration or is registered under section 20, investigate a course or part of a course to determine whether it should be registered as accredited.
(3)The Authority may investigate a course or part of a course which is registered as accredited to determine whether it should continue to be registered as accredited.
(4)If the Authority investigates a course or part of a course under sub-section (1), (2) or (3) it must prepare a written report on the content and educational standard of the course.
(5)Despite sub-section (2), the Authority may consider an application from any person in relation to a course or part of a course in vocational education and training or further education.
(6)An application must be in the form approved by the Authority and accompanied by any fee fixed by the Minister for the application and investigation of the course.
(7)The applicant must give the Authority any further information it requires to investigate the course and decide the application.
22.Accreditation of a course or part of a course
(1)The Authority may accredit a course if it is satisfied—
(a)the following matters are appropriate to the qualification (if any) to which the course leads—
(i)the aims and learning outcomes of the course or part of a course;
(ii)the scope of the studies of the course or part of a course;
(iii)the assessment processes for the course or part of the course to be used to determine whether a student has achieved the learning outcomes of the course or part of the course; and
(b)the course or part of a course and the methods adopted in delivering it are likely to achieve the specified purposes of the course or part of a course; and
(c)the contents and standards of the course or part of a course and the methods adopted in delivering it are consistent with any relevant national standards about the principles, processes or other matters to be applied in accrediting the course or part of a course.
(2)The Authority must also apply the standards for accreditation of courses adopted on 8 June 2001 by the ministerial council under the AQTF in deciding an application for accreditation of a course or part of a course in vocational education and training or further education.
(3)Sub-sections (1) and (2) do not limit the grounds on which the Authority may refuse to grant an application.
(4)If the Authority decides to grant the application it must immediately register the course on the State Register.
(5)If the Authority decides not to grant the application it must immediately give the applicant a notice of the decision and a copy of the written report on the content and educational standard of the course prepared under section 21.
(6)The Authority may accredit a course in vocational education and training or further education for a period not exceeding 5 years and may renew the accreditation if an application for renewal is made before the accreditation expires.
22A.Cancellation of accreditation
(1)The Authority may cancel the accreditation of a course in vocational education and training or further education that was accredited by the Authority if it is of the opinion that the course no longer complies with the standards for accreditation of courses adopted on 8 June 2001 by the ministerial council under the AQTF.
(2)The Authority must notify the person who applied for accreditation of the course of the cancellation of the accreditation and the reasons for the cancellation.
23.Registration of education and training organisations
(1)Any person or body that provides or proposes to provide an accredited course may apply to the Authority for registration of that person or body with respect to that course under section 20.
(1A)A registered education and training organisation that proposes to provide an accredited course in addition to any other course that the organisation is registered under section 20 to provide may apply to the Authority for authorisation to provide that course.
(2)Any person or body that proposes to award, confer or issue a recognised qualification may apply to the Authority for registration of that person or body with respect to that qualification under section 20.
(2A)A registered education and training organisation that proposes to award or issue a recognised qualification in addition to any other recognised qualification that the organisation is registered under section 20 to award or issue may apply to the Authority for authorisation to award or issue that recognised qualification.
(2B)An application must be in the form approved by the Authority and accompanied by any fee fixed by the Minister for the application.
(2C)The applicant must give the Authority any further information it requires to investigate and decide the application.
(2D)A person who has applied under Division 2A for registration of an education or training organisation with respect to vocational education and training or further education is to be treated by the Authority as having also applied in accordance with this Division for registration on the State Register.
(2E)The provisions of Division 2A apply to and in relation to the application of a person referred to in sub-section (2D) and any registration of that person on the National Register in addition to the requirements of this Division.
(3)A registration may be limited or restricted by reference to—
(a)the course or class of courses determined by the Authority; or
(b)the qualification or class of qualifications determined by the Authority; or
(c)any other circumstances determined by the Authority.
(4)In determining whether to register a person or body or authorise a registered education and training organisation to provide an accredited course or award or issue a recognised qualification the Authority may have regard to government policies and priorities, any recommendation of any relevant industry training board, any national standard relating to the recognition of providers and to all or any of the following matters in relation to the person, body, organisation, course or qualification—
(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;
(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 Authority about any of the matters mentioned in this section;
(o)any other matter relating to the management or operation of the person or body.
(4A)In determining whether to register a person or body the Authority may have regard to whether the person or body, any person involved in the management of the person or body or any person involved in the business of the provision of courses by the person or body—
(a)has ever had their registration under this section suspended or cancelled; or
(b)has ever had conditions imposed on their registration under this section; or
(c)has ever been convicted of an indictable offence; or
(d)has ever become bankrupt or taken the benefit of any law for the relief of bankrupt debtors, or compounded with their creditors or made an assignment of their property for their benefit; or
(e)has ever been disqualified from managing corporations under Part 2D.6 of the Corporations Act; or
(f)was involved in the provision of courses by another person or body who is covered by paragraph (a) to (e) at the time of the events that gave rise to the relevant prosecution or other action.
(5)The Authority may from time to time issue guidelines about the matters referred to in sub-section (4) or (4A).
(6)A registration remains in force for a period specified by the Authority not exceeding 5 years unless sooner suspended or cancelled.
(7)The Authority may suspend or cancel a registration.
(8)In determining whether to suspend or cancel a registration the Authority may have regard to all or any of the matters mentioned in sub-section (4).
(9)A person whose interests are affected by a decision of the Authority under this section—
(a)not to register a person or body; or
(b)to suspend or cancel a registration—
may apply to the Victorian Civil and Administrative Tribunal for review of the decision.
(10)An application for review must be made within 28 days after the later of—
(a)the day on which the decision is made;
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
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(12)This section—
(a)does not apply to or in relation to a school providing a course or part of a course normally undertaken in, or designed to be undertaken in year 11 or 12 of the school years including a course leading to the issue of the VCE; and
(b)does apply to or in relation to a school providing an accredited vocational education and training course or an accredited further education course or part of such a course whether or not that course or part of a course will be given credit towards or contribute to the VCE.
23A.Approval of providers to be delegated powers
(1)The Authority may, on the application of a registered education and training organisation investigate the organisation to determine whether it should be approved for the purpose of delegating to it the powers and functions under section 16(3).
(2)The Authority must not approve an organisation unless it is satisfied that the organisation is fit and competent to carry out the powers that may be delegated to it under section 16(3).
(3)The Authority must from time to time investigate an approved organisation's fitness and competence to continue to carry out the powers that have been delegated to it under section 16(3).
(4)The Authority may charge an organisation that applies for approval under this section fees for the investigation of the organisation to—
(a)determine whether it is fit and competent to carry out the powers that may be delegated to it under section 16(3); and
(b)determine whether it is fit and competent to continue to carry out the powers that have been delegated to it under section 16(3).
(5)The Authority may have regard to government policy and to any relevant national standards about delegating powers under section 16(3) in determining whether a registered education and training organisation is fit and competent to carry out those powers.
Division 2A—National Registration
23B.Application of Division
(1)This Division only applies to vocational education and training and further education.
(2)If there is any inconsistency between the requirements of this Division and Division 2, the provisions of this Division prevail to the extent of the inconsistency.
23C.Registration and national effect of registration
A training organisation or a course is to be treated as being registered on the National Register, to the extent that details of the training organisation or course are recorded on the National Register—
(a)for the purposes of this Act, by the Authority;
(b)for the purposes of a corresponding law of another jurisdiction by the body responsible for registering providers of education or training or accrediting courses in that jurisdiction;
(c)for the purposes of this Act, a corresponding law or a regulation made under this Act or a corresponding law, by ANTA or another entity.
23D.Applying in Victoria for registration
(1)A person may apply to the Authority for registration on the National Register as a training organisation.
(2)A person who has applied under section 23 for registration of an education or training organisation with respect to vocational education and training or further education is to be treated by the Authority as having also applied in accordance with this Division for registration on the National Register.
(3)The provisions of this Division apply to and in relation to the application of a person referred to in sub-section (2) and any registration of that person on the State Register in addition to the requirements of Division 2.
23E.Decision about registration
(1)On an application for registration, the Authority may register the applicant as a training organisation on the National Register, or refuse to do so.
(2)In deciding the application, the Authority must apply the RTO standards.
(3)The Authority must not grant the application unless—
(a)on registration under the application, the applicant will not otherwise be registered as a training organisation by a registering body; and
(b)the Authority considers that the applicant's principal place of business is in Victoria or all or most of its operations will be conducted in Victoria; and
(c)a compliance audit has been conducted of the applicant that shows the applicant complies with the RTO standards (other than the legislative compliance standard).
(4)Sub-section (3)(c) does not apply to an application if—
(a)the application is made by an RTO registered by another registering body; and
(b)the RTO has received a notice from the other registering body under a provision of a corresponding law corresponding to section 23K; and
(c)the application does not ask for an amendment of the RTO's existing scope of registration or registered conditions.
(5)Sub-sections (2) and (3) do not limit the grounds on which the Authority may decide not to grant the application.
(6)The Authority may impose reasonable conditions on the registration of the training organisation to take effect for the period of registration.
(7)A condition imposed under sub-section (6)—
(a)must apply for all jurisdictions (it can not be limited in effect to a particular place or jurisdiction); and
(b)must be consistent with this Act and the RTO standards.
(8)If the Authority decides to grant the application, the Authority must—
(a)register the applicant as a training organisation and the applicant's scope of registration; and
(b)if the Authority imposes a condition under sub-section (6)—
(i)give the applicant a notice of the decision; and
(ii)register the condition for the applicant.
(9)The Authority must comply with sub-section (8)—
(a)immediately after granting the application; or
(b)if the application is a transfer application mentioned in section 23K, immediately after the existing registration of the training organisation is cancelled under section 23M.
(10)If the Authority decides not to grant the application, the Authority must immediately give the applicant a notice of its decision.
23F.Registration conditions
(1)Registration of an RTO under section 23E is subject to—
(a)conditions imposed under sub-section (2); and
(b)registered conditions imposed—
(i)under section 23E(6) or 23J(2); or
(ii)by another registering body under a provision of a corresponding law corresponding to section 23J(2)(a).
(2)For an RTO registered under section 23E, the following conditions are imposed for the RTO's period of registration—
(a)the RTO must comply with requirements stated to apply to an RTO under the RTO standards;
(b)the RTO must give notice to the Authority of the following matters as soon as practicable after they happen—
(i)any substantial change to the RTO's control, management or operations;
(ii)any matter the RTO standards state the RTO must give notice of to the Authority;
(c)the RTO—
(i)must submit to any compliance audit conducted by the Authority under section 23N; and
(ii)if a particular compliance audit shows the RTO does not comply with the RTO standards (other than the legislative compliance standard), must take all necessary steps to comply with the standards;
(d)the RTO must submit to any compliance audit conducted by another registering body under a provision of a corresponding law corresponding to section 23O;
(e)the RTO must not contravene a provision of this Act or a corresponding law;
(f)the RTO must give to the Authority any information about any of its operations reasonably required by the Authority;
(g)the RTO must give to the Authority any information reasonably required by it relating to a registered condition imposed by the Authority under section 23J;
(h)the RTO must give to another registering body any information reasonably required by the other registering body under a provision of a corresponding law corresponding to section 23J(2)(a).
(3)Conditions mentioned in sub-sections (1) and (2) to which an RTO is subject apply in relation to the operations of the RTO in every jurisdiction, unless the contrary intention appears.
(4)An RTO must not contravene a condition of its registration.
(5)It is declared that a condition to which an RTO registered by another registering body is expressed to be subject in Victoria under a provision of a corresponding law corresponding to sub-section (3) has effect for Victoria.
23G.Term of registration
Registration may be for a term up to 5 years and may be renewed, if application for renewal is made before the registration expires.
23H.Amending registration on application by registered training organisation
(1)The Authority may, on application by an RTO that was registered by it, amend the RTO's registered details.
(2)If the application is to amend the RTO's scope of registration or registered conditions—
(a)the application must be in the form approved by the Authority and accompanied by any fee fixed by the Minister; and
(b)the RTO must give the Authority any information reasonably required by it to decide the application.
(3)For an application mentioned in sub-section (2), section 23E applies as if it were an application under section 23E, subject to the following—
(a)section 23E(3)(a) is not relevant;
(b)section 23E(3)(b) applies in relation to the scope of registration or registered conditions amended in accordance with the application;
(c)section 23E(3)(c) only requires a compliance audit to the extent an audit is relevant to the amendment.
23I.Removal of registered details on registration expiry or on application
The Authority must remove from the National Register the details of an RTO registered by it—
(a)if the RTO's registration expires; or
(b)if the RTO applies to the Authority to have its registration cancelled and the Authority grants the application.
23J.Amending, suspending or cancelling registration without application
(1)An object of this section is to ensure that, of all registering bodies, the registering body that registers an RTO has the primary responsibility to take action against the RTO if a ground mentioned in sub-section (3) arises.
(2)On one or more of the grounds mentioned in sub-section (3), the Authority may on its own initiative—
(a)amend the scope of registration or registered conditions of an RTO that was registered by another registering body, but only to impose a restriction applying in this jurisdiction; or
(b)amend the scope of registration or registered conditions of an RTO that was registered by it, including by imposing a restriction applying in this or another jurisdiction; or
(c)suspend the registration, or part of the scope of registration, of an RTO that was registered by it, by imposing a prohibition applying in this or another jurisdiction while the suspension is in force; or
(d)cancel the registration of an RTO that was registered by it.
(3)The grounds are as follows—
(a)the registration, or the part of the scope of registration, was obtained because of incorrect or misleading information;
(b)the RTO has contravened a condition of its registration.
(4)The Authority may not impose a restriction under sub-section (2)(a) unless the registering body that registered the RTO—
(a)fails to take any step to deal with the matter to which the grounds relate within 30 days after the matter comes to its attention; or
(b)fails, after taking any step to deal with the matter to which the grounds relate, to take another step within 30 days.
(5)Sub-section (4) does not apply if the Authority is relying on a ground established by a compliance audit under section 23O.
(6)Sub-section (4) does not stop the Authority, before the end of a 30 day period mentioned in the sub-section, taking all steps necessary to impose a restriction at any time after the period has ended.
(7)A restriction imposed under sub-section (2)(a), (b) or (c) may, but need not, relate to a particular place or jurisdiction, but if it does so, it may only be imposed because of a particular fact situation that has arisen in the place or jurisdiction.
(8)A restriction imposed under sub-section (2)(a), (b) or (c) must be consistent with this Act and the RTO standards.
(9)In exceptional circumstances, the Authority may exercise its powers under sub-section (2)(c) to direct the RTO to immediately stop conducting operations continued under section 23L(3).
(10)Before cancelling the registration of an RTO under sub-section (2)(d), the Authority must consult the registering bodies of each of the other jurisdictions where the RTO is operating.
(11)Failure to comply with sub-section (10) does not affect a cancellation of the registration of an RTO.
23K.Cancelling registration on change of business operations
(1)This section applies to an RTO registered by the Authority.
(2)On the grounds that an RTO does not have its principal place of business, and does not conduct all or most of its operations, in Victoria, the Authority may cancel the RTO's registration—
(a)on application by the RTO; or
(b)on its own initiative.
(3)The Authority must give notice to the RTO at least 6 months before cancelling the registration.
(4)If, before the end of the period mentioned in sub-section (3), the RTO makes an application to another registering body for registration as a training organisation, the Authority must not cancel the registration of the RTO until the transfer application is decided.
23L.Effect of suspension of registration of RTO
(1)This section applies if a prohibition is imposed on an RTO under section 23J(2)(c).
(2)A person must not, for training or an assessment provided or to be provided in operations the subject of the prohibition, do anything for any of the following purposes—
(a)recruiting or enrolling anyone;
(b)soliciting or accepting any consideration from anyone for anyone's recruitment or enrolment;
(c)starting anyone's training or assessment;
(d)if the operations have been directed to immediately stop under section 23J(9)—training or assessing anyone.
Penalty:60 penalty units in the case of a natural person and 300 penalty units in the case of a body corporate.
(3)If the RTO, before the prohibition took effect, entered into an agreement to provide training or an assessment to a person, sub-section (2)(a) to (c) does not prohibit anyone from relying on the agreement—
(a)to provide the training or assessment; or
(b)to solicit or accept consideration for the provision of the training or assessment.
23M.Registering body to register amendment, suspension or cancellation
If, in relation to an RTO, the Authority decides to do anything under section 23J(2) or section 23K(2), it must, on the National Register—
(a)for an amendment of the scope of registration or registered conditions—amend the scope of registration or registered conditions in accordance with its decision; or
(b)for a suspension of the registration or part of the scope of registration—register the suspension; or
(c)for a cancellation of the registration—remove the registered details of the RTO.
23N.Audit of RTO registered by the Authority
(1)This section applies in relation to—
(a)an RTO registered by the Authority; and
(b)any of the RTO's operations.
(2)The Authority may at any time conduct a compliance audit of the RTO.
23O.Audit of RTO registered by another registering body
(1)This section applies in relation to—
(a)an RTO registered by a registering body other than the Authority (the "other registering body"); and
(b)any of the RTO's operations in Victoria.
(2)Sub-section (3) applies if—
(a)the Authority—
(i)suspects on reasonable grounds that the RTO may have contravened the RTO standards; and
(ii)has advised the other registering body of the suspected contravention; and
(b)the other registering body—
(i)within 30 days after receiving the advice, fails to take steps to deal with the suspected contravention to the satisfaction of the Authority; or
(ii)at any time advises the Authority that it does not propose to take any step or further step to deal with the suspected contravention.
(3)The Authority may conduct a compliance audit of the RTO.
23P.Conduct of audit
(1)A compliance audit mentioned in this Division must comply with the standards for State and Territory registering and course accrediting bodies adopted on 8 June 2001 by the ministerial council.
(2)A failure to comply with sub-section (1) is of no effect if the failure—
(a)does not substantially affect the outcome of the audit; or
(b)arises out of inconsistency between the standards mentioned in the sub-section and legislation of the particular jurisdiction in relation to which the failure arises.
23Q.Powers not limited by compliance audit provisions
A provision of this Act that makes provision for a compliance audit does not limit the power of any registering body to inquire into the activities of an RTO or training organisation.
23R.Function or power may be used to support national scheme
(1)This section applies to a person who, apart from this section, may exercise a power or perform a function under this Part in relation to a registered education or training organisation or an RTO or an applicant for registration under section 23 or 23E.
(2)The person may also perform the same kind of function or exercise the same kind of power in this jurisdiction—
(a)at the request of the Authority, for inquiries into whether an RTO registered by another registering body is complying with this Part or a corresponding law; or
(b)at the request of another registering body, for a compliance audit that is being conducted under a corresponding law in relation to—
(i)an RTO registered by the other registering body; or
(ii)an applicant for registration by the other registering body under a provision of a corresponding law corresponding to section 23E.
(3)Sub-section (2) does not limit the person's functions or powers.
Division 3—Issue of Qualifications
24.Who can issue qualifications?
(1)The Authority may recognise the completion of an accredited course or part of an accredited course or the award or issue of a recognised qualification by the issue of a written statement or otherwise.
(2)A person or body that is registered under section 20 may recognise—
(a)the completion of an accredited course or part of an accredited course that it is registered to provide; or
(b)the award or issue of a recognised qualification that it is registered to award or issue—
by the issue of a written statement or otherwise.
24A.Cancellation or alteration of statements
(1)The Authority may cancel or alter a statement or document provided under section 24(1) recognising the completion of an accredited course or part of an accredited course by a student or the award or issue of a recognised qualification to a student if the Authority is satisfied that the records of the student's assessment have been altered by the Victorian Curriculum and Assessment Authority and the alterations affect the recognition by the Authority of the completion of that accredited course or part of that accredited course by the student or the award or issue of a recognised qualification to the student.
(2)The Authority may issue a new statement or document in respect of a student referred to in sub-section (1) recognising the completion of an accredited course or part of an accredited course by a student or the award or issue of a recognised qualification to a student on the basis of the records of the student's assessment that have been altered by the Victorian Curriculum and Assessment Authority.
Division 4—Offences
25.Offences by unregistered persons
(1)A person or body must not use the name or title of "registered provider" or any other name, title, letters or description implying or that may reasonably be understood to imply that the person or body is registered under section 20 to provide a course or part of a course unless the person or body is registered under section 20 to do so.
Penalty:For a natural person—60 penalty units.
For a body corporate—300 penalty units.
(2)A person or body must not use any name, title, letters or description implying that the person or body is registered to provide a course or part of a course under section 20 in particular circumstances unless the person or body is registered under section 20 to do so in relation to those circumstances.
Penalty:For a natural person—60 penalty units.
For a body corporate—300 penalty units.
(3)This section—
(a)does not apply to or in relation to a school providing a course or part of a course normally undertaken in, or designed to be undertaken in year 11 or 12 of the school years including a course leading to the issue of the VCE; and
(b)does not apply to a vocational education and training course or a further education course.
26.Offences in relation to accredited courses and recognised qualifications
(1)A person or body must not in relation to a course or part of a course provided by the person or body use the name or title of "government accredited" or any other name, title, letters or description implying or that may reasonably be understood to imply that the course or part of a course is registered as accredited under section 19 unless the person or body is registered under section 20 to do so.
Penalty:For a natural person—60 penalty units.
For a body corporate—300 penalty units.
(2)A person or body must not in relation to a qualification awarded 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 unless the person or body is registered under section 20 to do so.
Penalty:For a natural person—60 penalty units.
For a body corporate—300 penalty units.
(3)Sub-section (1)—
(a)does not apply to or in relation to a school providing a course or part of a course normally undertaken in, or designed to be undertaken in year 11 or 12 of the school years including a course leading to the issue of the VCE; and
* * * * *
(4)This section does not apply to vocational education and training or further education.
26A.Offence to falsely claim to be an RTO
(1)A person who is not an RTO must not claim to be an RTO.
Penalty:60 penalty units in the case of a natural person and 300 penalty units in the case of a body corporate.
(2)A person who is not, or not acting for, an RTO operating within the scope of registration of the RTO must not—
(a)issue, or claim to be able to issue, a qualification or statement of attainment; or
(b)claim to be able to provide training or assessments resulting in the issue of a qualification or statement of attainment.
Penalty:60 penalty units in the case of a natural person and 300 penalty units in the case of a body corporate.
(3)A person must not claim to be able to provide training resulting in the issue of a qualification or statement of attainment by another person knowing that the other person is not authorised in accordance with this Act to issue the qualification or statement of attainment.
Penalty:60 penalty units in the case of a natural person and 300 penalty units in the case of a body corporate.
(4)For the purposes of sub-sections (1) to (3), the person claims to be an RTO or claims to be able to do a particular thing if the person—
(a)makes that claim; or
(b)purports to be an RTO or to be able to do the particular thing; or
(c)does any act likely to induce someone else to believe the person is an RTO or is able to do the particular thing.
(5)This section does not apply to a registering body.
26B.Offence to falsely claim to provide an accredited course
(1)A person must not claim to provide a course that is registered as accredited on the State Register or the National Register unless the course is so registered.
Penalty:60 penalty units in the case of a natural person and 300 penalty units in the case of a body corporate.
(2)For the purposes of sub-section (1), the person claims to provide a course that is registered as accredited if the person—
(a)makes that claim; or
(b)claims to provide a course that purports to be registered as accredited; or
(c)does any act likely to induce someone else to believe a course the person is providing is registered as accredited.
Division 5—Overseas Students
27.Approval of providers of courses for overseas students
(1)The Authority may approve a person or body to provide a specified course for overseas students.
(2)The person or body referred to in sub-section (1) may apply in writing to the Authority for approval of that person or body to provide the specified course.
(3)In deciding whether to approve a person or body the Authority may have regard to all or any of the following matters in relation to the person, body or course—
(a)financial standards;
(b)marketing and promotion;
(c)recruitment and selection of students;
(d)class sizes;
(da)the suitability of the course for overseas students;
(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;
(m)the ability of the person or body to comply with and the person's or body's record of compliance with any Act of the Commonwealth or a State or Territory of the Commonwealth relating to education services for overseas 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 Authority about any of the matters mentioned in this section;
(q)any other matter relating to the management or operation of the person or body.
(4)The Authority may from time to time issue guidelines dealing with all or any of the matters referred to in sub-section (3).
(5)An approval under this section remains in force for 5 years from the date of approval unless sooner suspended or cancelled.
(6)If the Authority is satisfied that a person or body approved under sub-section (1) is no longer suitable to be approved the Authority may suspend or cancel the approval.
(7)A person whose interests are affected by a decision of the Authority under this section—
(a)not to approve a person or body; or
(b)to suspend or cancel the approval of a person or body—
may apply to the Victorian Civil and Administrative Tribunal for review of the decision.
(8)An application for review must be made within 28 days after the later of—
(a)the day on which the decision is made;
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
(9)The Authority must notify the Secretary referred to in the Education Services for Overseas Students Act 2000 of the Commonwealth as soon as practicable of an approval under sub-section (1) or a cancellation or suspension of an approval under sub-section (6) or a decision of the Victorian Civil and Administrative Tribunal pursuant to an application under sub-section (7).
* * * * *
(11)In this section—
"course" does not include any course—
(a)provided by a school endorsed under section 65(1) of the Education Act 1958; or
(b)endorsed under section 6 of the Tertiary Education Act 1993.
Division 6—Enforcement
28.Authorised officers
The Director may appoint a person employed under section 14 as an authorised officer for the purposes of this Act.
29.Identification
(1)The Director must furnish an authorised officer with an identification card bearing a recent photograph of the officer.
(2)An authorised officer must produce his or her identity card for inspection—
(a)before exercising a power under this Part; and
(b)at any time during the exercise of a power under this Part, if asked to do so.
Penalty:10 penalty units.
30.Powers of authorised officers
(1)An authorised officer with any necessary help, may enter, at any time during ordinary working hours on any day, any premises—
(a)where a person or body registered under section 20 is providing a course or part of a course or where the officer has reasonable cause to believe that a person or body registered under section 20 is providing a course or part of a course; and
(b)where a person or body approved under section 27 is providing a course or part of a course to overseas students or where the officer has reasonable cause to believe that a person or body approved under section 27 is providing a course or part of a course to overseas students; and
(c)in the case of a place referred to in paragraph (a), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 23(4) and take copies or extracts from those documents; and
(d)in the case of a place referred to in paragraph (b), may make any inquiries or inspect and examine any documents relating to the matters referred to in section 27(3) and take copies or extracts from those documents.
(2)An authorised officer may not exercise any power under sub-section (1)—
(a)in relation to premises if the occupier of the premises has required the officer to produce his or her identification card for inspection by the occupier and the officer fails to comply with the requirement; or
(b)in relation to premises used as or mainly as residential premises, except with the consent of the occupier.
(3)A person must not obstruct delay or intimidate an authorised officer when the officer is exercising or attempting to exercise his or her functions as an authorised officer.
Penalty:60 penalty units.
31.Proceedings for offences
(1)Proceedings for an offence against this Act may only be taken by a person employed under section 14 who is authorised by the Director either generally or in a particular case to take those proceedings.
(2)All courts must take judicial notice of the fact that an employee under sub-section (1) has valid authority to take proceedings referred to in sub-section (1).
32.Offences by corporations etc.
(1)If a corporation contravenes any provision of this Act, the person who is the principal executive officer (however described) of the corporation is deemed to have contravened the same provision if that person knowingly authorised or permitted the contravention.
(2)A person may be proceeded against and convicted under a provision pursuant to sub-section (1) whether or not the corporation has been proceeded against or convicted under that provision.
(3)Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act.
(4)If a provision of this Act is contravened in respect of an unincorporated body of persons—
(a)the person who is the principal executive officer (however described) of the body at the time of the contravention is deemed to have contravened the same provision at that time; and
(b)if there was a governing body of the unincorporated body at the time of the contravention, each person who is a member of the governing body of that unincorporated body at that time is also deemed to have contravened the provision at that time.
33.Evidentiary
(1)In any proceedings for an offence under this Act a certificate signed by or on behalf of the Director and stating that on any specified date a person or body is or is not or was or was not registered or registered with specific limitations or restrictions under section 20 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.
(2)A certificate signed by or on behalf of the Director purporting to record a determination, resolution or decision of the Authority is evidence of the making of that determination, resolution or decision by the Authority.
33A.Information may be made available to other registering bodies
(1)The Authority may disclose to another registering body information it has about, or arising from—
(a)an application by anyone for registration or approval under this Act;
(b)the registration or approval of a person or body under this Act;
(c)a compliance audit conducted under this Part;
(d)action taken by the Authority in relation to a person or body approved or registered under this Act;
(e)the performance of a function or the exercise of a power by a person under this Act at the request of another registering body.
(2)A person disclosing information under sub-section (1) or under a provision of a corresponding law corresponding to sub-section (1) does not contravene an obligation not to disclose the information, whether imposed by an Act or by another rule of law.
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PART 4—GENERAL
34.Regulations
(1)The Governor in Council may make regulations for or with respect to—
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(b)any other matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act.
(2)The regulations—
(a)may be of general or limited application; and
(b)may differ according to differences in time, place or circumstance.
35.Borrowing and Investment Powers Act 1987
At the end of Schedule 1 to the Borrowing and Investment Powers Act 1987 insert—
"41
Victorian Qualifications Authority
20, 20A and 21".
35A.Fees
(1)The Minister, after calling for and considering recommendations from the Authority, may fix fees and charges that may be imposed by the Authority for investigations, registrations, accreditations and any other services provided by the Authority under this Act.
(2)In the case of any fee which the Minister is empowered to fix—
(a)the Minister must fix the fee for a period of 12 months and may amend or vary the fee at the end of that period; and
(b)the Minister may fix a different fee for a different case and may allow for the reduction or waiver, in whole or in part, of any fee; and
(c)the Minister may authorise the Authority to collect fees in periodical instalments or other methods specified by the Minister.
(3)The Authority must ensure that any fee fixed under this section is published in a newspaper circulating generally throughout Victoria and in the Government Gazette.
36.Transitional provisions for new Authority
(1)The State Register of Accredited Courses and Recognised Qualifications under section 78A of the Vocational Education and Training Act 1990 as in force immediately before the commencement of section 19 is deemed to be the State Register of Accredited Courses and Recognised Qualifications under section 19.
(2)A course that was, immediately before the commencement of section 19, registered as accredited on the State Register of Accredited Courses and Recognised Qualifications under section 78A of the Vocational Education and Training Act 1990 as in force immediately before the commencement of section 19 is deemed to be registered on the State Register of Accredited Courses and Recognised Qualifications under section 19.
(3)A qualification that was, immediately before the commencement of section 19, registered as a recognised qualification on the State Register of Accredited Courses and Recognised Qualifications under section 78A of the Vocational Education and Training Act 1990 as in force immediately before that commencement is deemed to be registered as a recognised qualification on the State Register of Accredited Courses and Recognised Qualifications under section 19.
(4)A course that was accredited as part of the VCE under the Board of Studies Act 1993, immediately before the commencement of section 19, is deemed to be an accredited course for the purposes of this Act and registered on the State Register.
(5)The qualification known as the VCE that was issued by the Board of Studies, immediately before the commencement of section 19, is deemed to be a recognised qualification for the purposes of this Act and registered on the State Register.
(6)A person or body that was, immediately before the commencement of section 20, registered under section 81 of the Vocational Education and Training Act 1990 or section 13F of the Adult, Community and Further Education Act 1991, as in force immediately before that commencement, is deemed to be registered as an education and training organisation under section 20.
(7)A person or body that was, immediately before the commencement of section 27, providing a course that was endorsed under section 85 of the Vocational Education and Training Act 1990, is deemed to be a person or body that is approved under section 27 to provide that course to students from overseas.
(8)If a person or body is deemed to be registered under this section, and the registration of that person or body under the Vocational Education and Training Act 1990, immediately before the commencement of section 20, was subject to conditions, limitations or restrictions, the registration of that person or body under this Act is deemed to be subject to the same conditions, limitations or restrictions as those to which the registration under the Vocational Education and Training Act 1990 was subject.
(9)If a person or body is deemed to be registered under this section, and the registration of that person or body under the Vocational Education and Training Act 1990, immediately before the commencement of section 20, was suspended the registration of that person or body under this Act is deemed to be suspended for the remainder of the period for which that person or body's registration would have been suspended under the Vocational Education and Training Act 1990.
(10)If—
(a)a person or body was, immediately before the commencement of section 27, providing a course that was endorsed under section 85 of the Vocational Education and Training Act 1990; and
(b)that person or body is deemed by this section to be a person or body that is approved under section 27 to provide that course to students from overseas; and
(c)immediately before the commencement of section 27 the endorsement of that course was suspended—
the approval of that person or body is deemed to be suspended for the remainder of the period for which the endorsement would have been suspended under the Vocational Education and Training Act 1990.
(11)If a guideline was issued by the State Training Board under Part 6 of the Vocational Education and Training Act 1990, as in force immediately before the commencement of section 20, the guideline is deemed to be a guideline issued by the Authority for the purposes of Part 3 of this Act.
(12)If a fee was fixed by the State Training Board under Part 6 of the Vocational Education and Training Act 1990, as in force immediately before the commencement of section 20, the Authority can continue to charge the fee for the corresponding services provided by the Authority under this Act until 9 months after that date of commencement.
37.Consequential amendments
On the coming into operation of an item in Schedule 1, the Act specified in the heading to that item is amended as set out in that item.
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PART 5—VICTORIAN LEARNING AND EMPLOYMENT SKILLS COMMISSION
38.Amendment of name and functions of State Training Board
(1)For section 8(1) of the Vocational Education and Training Act 1990 substitute—
"(1)There is established a Commission to be called the Victorian Learning and Employment Skills Commission.".
(2)In section 9(1) of the Vocational Education and Training Act 1990—
(a)for paragraph (a) substitute—
"(a)to advise the Minister about the development and implementation of policy frameworks for post compulsory education and training and employment in Victoria that will ensure high quality services and programs are provided to meet the needs of industry, government and individuals;
(ab)to advise the Minister about state wide planning for post compulsory education and training and employment;
(ac)to advise the Minister about emerging post compulsory education and training requirements of government, industry, the community and individuals;
(ad)to advise on the planning for the integration of post compulsory education and training and labour market programs;";
(b)for paragraph (d) substitute—
"(d)to provide for the delivery of post compulsory education and training in Victoria by education and training organisations registered under the Victorian Qualifications Authority Act 2000;
(da)to monitor the outcomes of post compulsory education and training for the broad purposes of economic and regional development, community and individual development and social justice;
(db)to support local learning and employment networks of providers and stakeholders in post compulsory education and training programs and services;".
39.Membership
For section 13(1) of the Vocational Education and Training Act 1990 substitute—
"(1)The Commission consists of—
(a)a person appointed by the Governor in Council on the nomination of the Minister as Chairperson;
(b)the Chairperson of the Victorian Qualifications Authority established by the Victorian Qualifications Authority Act 2000 or his or her nominee;
(c)the Chairperson of the Adult, Community and Further Education Board established by the Adult, Community and Further Education Act 1991 or his or her nominee;
(d)the Secretary of the Department or his or her nominee;
(e)not more than five other members appointed by the Governor in Council on the nomination of the Minister.
(1A)The Minister must nominate a person to be Chairperson who, in the Minister's opinion, is experienced in industry or government.
(1B)In nominating other members, the Minister must have regard to—
(a)ensuring that the membership of the Commission includes at least 5 persons with knowledge of or experience in industry;
(b)ensuring that the membership of the Commission includes persons who have backgrounds in vocational education and training and community development;
(c)ensuring that the composition of the Commission is a fair and balanced reflection of the diversity of the community;
(d)ensuring that the composition of the Commission reflects both metropolitan and country interests;
(e)ensuring that there is sufficient financial and management expertise on the Commission.".
40.New section 99 inserted
After section 98 of the Vocational Education and Training Act 1990 insert—
"99.Transitional provisions
(1)The Victorian Learning and Employment Skills Commission is deemed to be the same body as the State Training Board of Victoria despite the changes to the name and structure of the Board by sections 38 and 39 of the Victorian Qualifications Authority Act 2000, and no act matter or thing is to be affected because of those changes of name and structure.
(2)On and after the commencement of section 38 of the Victorian Qualifications Authority Act 2000, a reference to the State Training Board of Victoria in an Act, subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 or any document whatever, unless inconsistent with the context or subject matter, is deemed to be a reference to the Victorian Learning and Employment Skills Commission.
(3)The members of the State Training Board of Victoria who held office immediately before the commencement of section 39 of the Victorian Qualifications Authority Act 2000, go out of office on that commencement.".
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PART 6—TRANSITIONAL PROVISIONS
41.Transitional provisionsNational Register—
(1)The followings details that were recorded on the National Register immediately before the date of commencement of section 5 of the Victorian Qualifications Authority (National Registration) Act 2004 are deemed to have been recorded on the National Register in accordance with this Act by the Authority or the registering body that recorded the detail—
(a)a training organisation's registration;
(b)a training organisation's scope of registration and term of registration;
(c)registered conditions of an RTO;
(d)registration of an accredited course;
(e)an accredited course's term of registration;
(f)a qualification or statement of attainment registered for a training package that has been endorsed by a committee established by ANTA.
(2)On the date of commencement of section 5 of the Victorian Qualifications Authority (National Registration) Act 2004 a condition of registration of an RTO that is taken to be recorded under sub-section (1)(c) is to be taken to be a condition imposed under Division 2A of Part 3 or the corresponding provision of a corresponding law under which a similar condition may be imposed in similar circumstances to those applying when the recorded condition was imposed.
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ENDNOTES
1. General Information
Minister's second reading speech—
Legislative Assembly: 2 November 2000
Legislative Council: 23 November 2000
The long title for the Bill for this Act was "to establish the Victorian Qualifications Authority and to reconstitute the State Training Board of Victoria as the Victorian Learning and Employment Skills Commission and to make consequential amendments to other Acts and for other purposes."
The Victorian Qualifications Authority Act 2000 was assented to on 5 December 2000 and came into operation on 1 March 2001: Government Gazette 1 March 2001 page 304.
2. Table of Amendments
This Version incorporates amendments made to the Victorian Qualifications Authority Act 2000 by Acts and subordinate instruments.
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Post Compulsory Education Acts (Amendment) Act 2001, No. 34/2001
Assent Date: 19.6.01 Commencement Date: S. 12 on 3.5.02: Government Gazette 2.5.02 p. 789 CurrentState: This information relates only to the provision/s amending the Victorian Qualifications Authority Act 2000
Vocational Education and Training (TAFE Qualifications) Act 2003, No. 27/2003
Assent Date: 13.5.03 Commencement Date: Ss 5, 6(1) on 30.6.03: s. 2 CurrentState: This information relates only to the provision/s amending the Victorian Qualifications Authority Act 2000
Victorian Qualifications Authority (Amendment) Act 2003, No. 89/2003
Assent Date: 11.11.03 Commencement Date: S. 12 on 12.11.03: s. 2(1); ss 3–11, 13–15 on 1.1.04: s. 2(2) CurrentState: This information relates only to the provision/s amending the Victorian Qualifications Authority Act 2000
Victorian Qualifications Authority (National Registration) Act 2004, No. 27/2004
Assent Date: 25.5.04 Commencement Date: S. 16 on 26.5.04: s. 2(1); ss 3–14 on 1.7.04: Government Gazette 1.7.04 p. 1843 CurrentState: This information relates only to the provision/s amending the Victorian Qualifications Authority Act 2000
Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 228) on 5.4.05: Government Gazette 31.3.05 p. 602 CurrentState: This information relates only to the provision/s amending the Victorian Qualifications Authority Act 2000
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3. Explanatory Details
No entries at date of publication.
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