Victorian Qualifications Authority (National Registration) Act 2004 (Vic)
Victorian Qualifications Authority (National Registration) Act 2004
Act No. 27/2004
table of provisions
Section Page
1.Purpose
2.Commencement
3.Definitions
4.Functions of Authority
5.New section 20A inserted
20A.National Register
6.Investigation of courses
7.Accreditation of courses
8.New section 22A inserted
22A.Cancellation of accreditation
9.Applications for registration of providers on State and National Registers
10.New Division 2A inserted in Part 3
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 application23K.Cancelling registration on change of business
operations23L.Effect of suspension of registration of RTO
23M.Registering body to register amendment, suspension
or cancellation23N.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
11.New section 33A inserted
33A.Information may be made available to other registering bodies
12.Offences relating to State registration
13.New sections 26A and 26B inserted
26A.Offence to falsely claim to be an RTO
26B.Offence to falsely claim to provide an accredited course
14.New Part 6 inserted
Part 6—Transitional provisions
41. Transitional provisions—National Register
15.Vocational Education and Training Act 1990
16.Statute law revision
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Endnotes
Victorian Qualifications Authority (National Registration) Act 2004
[Assented to 25 May 2004]
The Parliament of Victoria enacts as follows:
1.Purpose
The main purpose of this Act is to amend the Victorian Qualifications Authority Act 2000 to provide for a national scheme of registration of—
(a)training organisations providing vocational education and training and further education;
(b)vocational education and training and further education courses;
(c)vocational education and training and further education qualifications.
2.Commencement
(1)Section 1, this section and section 16 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision of this Act does not come into operation before 1 July 2005, it comes into operation on that day.
3.Definitions
(1)In section 3 of the Victorian Qualifications Authority Act 2000, insert the following definitions—
' "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;
"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;
"jurisdiction" means Victoria or, if it has enacted a corresponding law, another State or internal Territory;
"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;
"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;
"registered", in relation to vocational education and training or further education, includes registered on the National Register;
"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;
"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;
"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;'.
(2)In section 3 of the Victorian Qualifications Authority Act 2000, the definitions of "accredited", "qualification" and "Register" are repealed.
4.Functions of Authority
After section 6(1)(d) of the Victorian Qualifications Authority Act 2000 insert—
"(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;".
5.New section 20A inserted
After section 20 of the Victorian Qualifications Authority Act 2000 insert—
"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.".
6.Investigation of courses
After section 21(4) of the Victorian Qualifications Authority Act 2000 insert—
"(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.".
7.Accreditation of courses
(1)In section 22 of the Victorian Qualifications Authority Act 2000 for "A course or part of a course may be accredited if" substitute "The Authority may accredit a course if it is satisfied".
(2)At the end of section 22 of the Victorian Qualifications Authority Act 2000 insert—
"(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.".
8.New section 22A inserted
After section 22 of the Victorian Qualifications Authority Act 2000 insert—
"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.".
9.Applications for registration of providers on State and National Registers
After section 23(2A) of the Victorian Qualifications Authority Act 2000 insert—
"(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.".
10.New Division 2A inserted in Part 3
After section 23A of the Victorian Qualifications Authority Act 2000 insert—
'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.'.
11.New section 33A inserted
After section 33 of the Victorian Qualifications Authority Act 2000 insert—
"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.".
12.Offences relating to State registration
(1)In section 25(1) and (2) of the Victorian Qualifications Authority Act 2000 after "under section 20" (where second occurring) insert "to do so".
(2)For section 25(3)(b) of the Victorian Qualifications Authority Act 2000 substitute—
"(b)does not apply to a vocational education and training course or a further education course.".
(3)In sections 26(1) and 26(2) of the Victorian Qualifications Authority Act 2000 after "under section 20" insert "to do so".
(4)Section 26(3)(b) of the Victorian Qualifications Authority Act 2000 is repealed.
(5)After section 26(3) of the Victorian Qualifications Authority Act 2000 insert—
"(4)This section does not apply to vocational education and training or further education.".
13.New sections 26A and 26B inserted
After section 26 of the Victorian Qualifications Authority Act 2000 insert—
"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.".
14.New Part 6 inserted
After Part 5 of the Victorian Qualifications Authority Act 2000 insert—
"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.".
15.Vocational Education and Training Act 1990
(1)In section 3 of the Vocational Education and Training Act 1990—
(a)the definition of "Board" is repealed;
(b)in the definition of "registered training organisation", for "under section 20 of" substitute "in accordance with".
(2)After section 56(1) of the Vocational Education and Training Act 1990 insert—
"(1A)The Commission may approve a training agreement for an apprenticeship or traineeship only if the agreement is substantially in the same form and has the same content as the agreement approved by the Council of Ministers from each State and the Commonwealth responsible for vocational education and training operating under the ANTA agreement referred to in the Commonwealth Australian National Training Authority Act 1992.".
16.Statute law revision
Section 41 of, and Schedules 1 and 2 to, the Victorian Qualifications Authority Act 2000 are repealed.
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Endnotes
Minister's second reading speech—
Legislative Assembly: 21 April 2004
Legislative Council: 11 May 2004
The long title for the Bill for this Act was "to amend the Victorian Qualifications Authority Act 2000 to provide for a national scheme of registration of training organisations and vocational education and training and further education courses and qualifications and to make consequential amendments and for other purposes."
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