Victorian Qualifications Authority (Amendment) Act 2003 (Vic)

Victorian Qualifications Authority (Amendment)

Act 2003

ts	Act No. 89/2003
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e
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u	TABLE OF PROVISIONS
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o Section Page

1. Purpose 1

D	2.	Commencement	1
ry	3.	Definition	2
4.	Award of qualifications	2
ta	5.	Ministerial directions	2
n	6.	Payment of members of Authority	3
e	7.	Delegations	3
8.	Register of providers	4
m	9.	Consequential amendment	5
ia	10.	Registered providers	5
rl	11.	New section 23A inserted	7
a	23A.	Approval of providers to be delegated powers	7

12. New section 24A inserted 8

P	24A.	Cancellation or alteration of statements	8
d	13.	Approval of courses for overseas students	9
n	14.	Consequential amendments	9
a	15.	New section 35A inserted	10

35A. Fees 10

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ti	ENDNOTES	11
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o	Victoria
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n	No. 89 of 2003
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ia
rl	Victorian Qualifications Authority
a	(Amendment) Act 2003†
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d	[Assented to 11 November 2003]
n
a
n
o
ti	The Parliament of Victoria enacts as follows:
la
is
g	1. Purpose
e	The main purpose of this Act is to amend the
L	Victorian Qualifications Authority Act 2000.
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2. Commencement

(1) This section and sections 1 and 12 come into

to	operation on the day after the day on which this
ic	Act receives the Royal Assent.
V	(2) The remaining provisions of this Act come into

operation on 1 January 2004.

Victorian Qualifications Authority (Amendment) Act 2003

s. 3

Act No. 89/2003

3. Definition

See:	In section 3 of the Victorian Qualifications
Act No.
ts	97/2000.	Authority Act 2000 insert the following
and
n	amending
definition—
e	Act Nos
34/2001 and	' "higher education award" means a higher

m	27/2003.	education award within the meaning of the
u	LawToday:
	Tertiary Education Act 1993;'.
c	dpc.vic.
o	gov.au
D

ry	4. Award of qualifications
ta	In section 6(1)(d) and (e) of the Victorian
n	Qualifications Authority Act 2000 before
e	"issue" insert "award or".
m
ia	5. Ministerial directions
rl	After section 8(3) of the Victorian Qualifications
a	Authority Act 2000 insert—
P	"(4) The Minister may not give the Authority a
d	direction in relation to any particular student
n	about the following—
a

(a) the recognition of the completion of an

n

o	accredited course or part of an
ti	accredited course;
la	(b) the award or issue of a recognised
is	qualification;
g	(c) the award or issue of a qualification for
e
L	an accredited course;
n	(d) the recognition of the matters in
a	paragraph (a), (b) or (c) by the issuing
ri	of a written statement or otherwise.".
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Victorian Qualifications Authority (Amendment) Act 2003

s. 6

Act No. 89/2003

6. Payment of members of Authority

For section 10(3) of the Victorian Qualifications

ts	Authority Act 2000 substitute—
n	"(3) An appointed member, other than a person
e	who holds a full time government office or a
m	full time office in the public service,
u	teaching service or with a statutory authority
c	and whose travelling expenses and personal
o	expenses are paid through that office, is
D	entitled to be paid—
ry	(a) any remuneration that is specified in the
ta	instrument of appointment or that is
n	fixed from time to time by the
e	Governor in Council; and
m	(b) allowances for travelling and personal
ia	expenses at the rates and on the
rl	conditions that are applicable to
a	officers of the public service.".
P

7. Delegations

d

n	For section 16(3) of the Victorian Qualifications
a	Authority Act 2000 substitute—
n	"(3) The Authority, by instrument under its
o
ti	common seal, may delegate any of the
la	following powers of the Authority to a registered education and training
is	organisation that has been approved by the
g	Authority for the purposes of this sub-
e
L	section—

(a) the power under section 21 to

n

investigate—

a
ri

(i) a vocational education and

to	training course or a sequence of
ic	vocational education and training;
V

Victorian Qualifications Authority (Amendment) Act 2003

s. 8

Act No. 89/2003

(ii) (iii) any part of a course referred to in a further education course, other leading to the issue of a higher

ts	education award;
n
e
m	sub-paragraph (i) or (ii)—
u	that the registered education and
c	training organisation provides or
o	proposes to provide to determine
D	whether it should be registered as
ry	accredited or continue to be registered
ta	as accredited;
n	(b) the power under section 23(1A) to
e	authorise the registered education and
m	training organisation to provide an
ia	accredited vocational education and
rl	training course or part of such a course
a	or a further education course, other than
P	a further education course leading to
d	the issue of a higher education award;
n	(c) the power under section 23(2A) to
a	authorise the registered education and
n	training organisation to award or issue a
o
ti	recognised vocational education and
training qualification or a recognised
la	further education qualification, other
is	than a further education qualification
g	that is a higher education award.".
e	8. Register of providers
L
n	For section 20(2)(b) of the Victorian
a
ri	Qualifications Authority Act 2000 substitute—
"(b) the accredited course or courses that the
to	registered person or body is authorised to
ic	provide; and
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Victorian Qualifications Authority (Amendment) Act 2003

s. 9

Act No. 89/2003

(c) the recognised qualification or qualifications that the registered person or body is

ts	authorised to award or issue; and
n	(d) any limitations or restrictions on the
e	registration.".
m	9. Consequential amendment
u
c	Section 21(5) of the Victorian Qualifications
o	Authority Act 2000 is repealed.
D	10. Registered providers
ry	(1) After section 23(1) of the Victorian
ta	Qualifications Authority Act 2000 insert—
n	"(1A) A registered education and training
e	organisation that proposes to provide an
m	accredited course in addition to any other
ia	course that the organisation is registered
rl	under section 20 to provide may apply to the
a	Authority for authorisation to provide that
P	course.".
d	(2) After section 23(2) of the Victorian
n
a	Qualifications Authority Act 2000 insert—
n	"(2A) A registered education and training
o	organisation that proposes to award or issue
ti	a recognised qualification in addition to any
la	other recognised qualification that the
is	organisation is registered under section 20 to
g	award or issue may apply to the Authority
e	for authorisation to award or issue that
L	recognised qualification.".
n	(3) In section 23(4) of the Victorian Qualifications
a
ri	Authority Act 2000—
to	(a) after "person or body" insert "or authorise a

registered education and training

ic	organisation to provide an accredited course
V	or award or issue a recognised qualification";

Victorian Qualifications Authority (Amendment) Act 2003

s. 10

Act No. 89/2003

(b) after "person, body," insert "organisation,";

(c) in paragraph (n) for "section." substitute—

ts	"section;";
n
e	(d) after paragraph (n) insert—
m	"(o) any other matter relating to the
u	management or operation of the person
c	or body.".
o
D	(4) After section 23(4) of the Victorian
ry	Qualifications Authority Act 2000 insert—

"(4A) In determining whether to register a person

ta	or body the Authority may have regard to
n	whether the person or body, any person
e	involved in the management of the person or
m	body or any person involved in the business
ia	of the provision of courses by the person or
rl	body—
a	(a) has ever had their registration under
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this section suspended or cancelled; or

d

n	(b) has ever had conditions imposed on
a	their registration under this section; or
n	(c) has ever been convicted of an indictable
o
ti	offence; or

la	(d)	has ever become bankrupt or taken the
is	benefit of any law for the relief of
g	bankrupt debtors, or compounded with
e	their creditors or made an assignment
L	of their property for their benefit; or

n	(e) has ever been disqualified from
a
ri	managing corporations under Part 2D.6
of the Corporations Act; or
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Victorian Qualifications Authority (Amendment) Act 2003

s. 11

Act No. 89/2003

(f) was involved in the provision of courses by another person or body who is covered by paragraph (a) to (e) at the

ts	time of the events that gave rise to the
n	relevant prosecution or other action.".
e

(5) In section 23(5) of the Victorian Qualifications

m

u	Authority Act 2000 after "(4)" insert "or (4A)".
c	(6) Section 23(11) of the Victorian Qualifications
o	Authority Act 2000 is repealed.
D

11. New section 23A inserted

ry

ta	After section 23 of the Victorian Qualifications
Authority Act 2000 insert—
n
e	"23A. Approval of providers to be delegated
m	powers
ia	(1) The Authority may, on the application of a
rl	registered education and training
a	organisation investigate the organisation to
P	determine whether it should be approved for
d	the purpose of delegating to it the powers
n	and functions under section 16(3).
a

(2) The Authority must not approve an

n	organisation unless it is satisfied that the
o
ti	organisation is fit and competent to carry out
la	the powers that may be delegated to it under
is	section 16(3).

(3) The Authority must from time to time

g

e	investigate an approved organisation's fitness
L	and competence to continue to carry out the
n	powers that have been delegated to it under
a	section 16(3).
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Victorian Qualifications Authority (Amendment) Act 2003

s. 12

Act No. 89/2003

(4) The Authority may charge an organisation that applies for approval under this section fees for the investigation of the organisation

ts	to—
n
e	(a) determine whether it is fit and
m	competent to carry out the powers that
u	may be delegated to it under section
c	16(3); and
o	(b) determine whether it is fit and
D	competent to continue to carry out the
ry	powers that have been delegated to it
ta	under section 16(3).
n	(5) The Authority may have regard to
e	government policy and to any relevant
m	national standards about delegating powers
ia	under section 16(3) in determining whether a
rl	registered education and training
a	organisation is fit and competent to carry out
P	those powers.".
d	12. New section 24A inserted
n
a	After section 24 of the Victorian Qualifications Authority Act 2000 insert—
n
o	"24A. Cancellation or alteration of statements
ti
la	(1) The Authority may cancel or alter a

statement or document provided under

is	section 24(1) recognising the completion of
g	an accredited course or part of an accredited
e	course by a student or the award or issue of a
L	recognised qualification to a student if the
n	Authority is satisfied that the records of the
a
ri	student's assessment have been altered by the Victorian Curriculum and Assessment
to	Authority and the alterations affect the
ic	recognition by the Authority of the
V	completion of that accredited course or part of that accredited course by the student or

Victorian Qualifications Authority (Amendment) Act 2003

s. 13

Act No. 89/2003

the award or issue of a recognised

qualification to the student.

ts	(2) The Authority may issue a new statement or
n	document in respect of a student referred to
e	in sub-section (1) recognising the completion
m	of an accredited course or part of an
u	accredited course by a student or the award
c	or issue of a recognised qualification to a
o	student on the basis of the records of the
D	student's assessment that have been altered
ry	by the Victorian Curriculum and Assessment
Authority.".
ta	13. Approval of courses for overseas students
n
e	(1) For section 27(1) of the Victorian Qualifications
m	Authority Act 2000 substitute—
ia	"(1) The Authority may approve a person or body
rl	to provide a specified course for overseas
a	students.".
P

(2) In section 27 of the Victorian Qualifications

d

n Authority Act 2000—

a	(a)	in sub-section (2) for "under sub-section (1)"
n	substitute "to provide the specified course";
o

ti	(b) after sub-section (3)(d) insert—
la	"(da) the suitability of the course for overseas
is	students;";
g	(c) in sub-section (9) for "(Registration of
e	Providers and Financial Regulation) Act
L	1991" substitute "Act 2000";
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(d) sub-section (10) is repealed.

14. Consequential amendments

to	Section 34(1)(a) of the Victorian Qualifications
ic	Authority Act 2000 is repealed.
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Victorian Qualifications Authority (Amendment) Act 2003

s. 15

Act No. 89/2003

15. New section 35A inserted

After section 35 of the Victorian Qualifications

ts	Authority Act 2000 insert—
n	"35A. Fees
e

(1) The Minister, after calling for and

m

u	considering recommendations from the
c	Authority, may fix fees and charges that may
o	be imposed by the Authority for
D	investigations, registrations, accreditations and any other services provided by the
ry	Authority under this Act.
ta	(2) In the case of any fee which the Minister is
n
e	empowered to fix—

(a) the Minister must fix the fee for a

m

ia	period of 12 months and may amend or
rl	vary the fee at the end of that period;
a	and

P	(b)	the Minister may fix a different fee for
d	a different case and may allow for the
n	reduction or waiver, in whole or in part,
a	of any fee; and

n	(c) the Minister may authorise the
o
ti	Authority to collect fees in periodical
la	instalments or other methods specified
is	by the Minister.

(3) The Authority must ensure that any fee fixed

g

e	under this section is published in a
L	newspaper circulating generally throughout
n	Victoria and in the Government Gazette.".
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Victorian Qualifications Authority (Amendment) Act 2003

Endnotes

Act No. 89/2003

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 17 September 2003
e
Legislative Council: 15 October 2003
m
u	The long title for the Bill for this Act was "to amend the Victorian
c	Qualifications Authority Act 2000 and for other purposes"
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