Vocational Education and Training Act 1990 (Vic)
Version No. 055
Vocational Education and Training Act 1990
Act No. 45/1990
Version incorporating amendments as at 11 October 2006
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1.Purposes
2.Commencement
3.Definitions
4.Objects
PART 2—CO-ORDINATION OF STATE TRAINING SYSTEM
Division 1—State Co-ordination
5.Ministerial guidelines
6.Ministerial directions
6A.Ministerial directions on employment matters
6B.Ministerial orders
7.Compliance with Ministerial guidelines and directions
8.Establishment of Victorian Learning and Employment Skills Commission
9.Functions of the Commission
9A.Functions of the Commission in relation to ANTA
9B.Functions of the Commission under National Training Wage Award
9C.Functions of the Commission under Commonwealth
Workplace Relations Act 199610.Performance agreements and financial powers
11.Powers of the Commission
12.Accountability
13.Member
14.Terms and conditions of office of member
15.Acting members
16.Validity of acts or decisions of the Commission
17.Repealed
18.Meetings of the Commission
19.Public service staff
20.Delegations
20AA.Power of further delegation—Workplace Relations
Act 1996 of the Commonwealth20A.Power of further delegation
20B.Delegations to approved training agents
21.Establishment of bodies to act as delegates of Commission
22.Immunity of Commission members from suit
Division 2—National System
22A.Conferral of functions on ANTA in relation to Victoria
22B.Powers of ANTA in Victoria
22C.Representations to funding bodies
PART 3—TAFE COLLEGES
23.TAFE colleges
24.Incorporation of TAFE college councils
25.Functions of TAFE college councils
26.Powers of TAFE college councils
27.Accountability of TAFE college councils
28.Council membership
29.Terms and conditions of office of members
29A.Repealed
30.Proceedings of councils
31.Reserve powers of Minister
32.Notice of proposal
33.Appointment of administrator
34.Saving of acts of council
34A.Employment of staff
34B.Minister may object to college director appointment
34C.Schedule 2
35.College directors
36.Immunity
37.Repealed
PART 4—INDUSTRY TRAINING BOARDS
38.Establishment or declaration of industry training boards
39.Orders establishing industry training boards
40.Revocation of orders
41.Functions of industry training boards
42.Powers of industry training boards
43.Members
44.Terms and conditions of office of members
44A.Proceedings of boards
45.Immunity of board members from suit
PART 5—APPRENTICESHIPS
Division 1—Application of Part
46–48.Repealed
49.Binding of Crown
50.Application of Part
Division 2—Training Schemes
51.Training schemes
52.Schedule 3
Division 3—Training Agreements
53.Employer must have Commission's approval to enter into a training agreement with an apprentice
54.Employer's obligations under a training agreement
55.Apprentice's obligations under a training agreement
56.General provisions about training agreements
57.Term of a training agreement
58.Cancellation, suspension or variation of a training agreement
59.Suspension or cancellation of a training agreement if insufficient employment available
60.Commission to determine grievances in certain circumstances
61.Associations of employers may employ apprentices
62.Partnerships
Division 4—Miscellaneous
63.Register of apprentices
64.Subsidies
65–72.Repealed
PART 6—Repealed
73–85.Repealed
PART 7—PRACTICAL PLACEMENT
86.Definitions
87.Practical placement agreements
88.Determination about the placement of post-secondary students
89.Repealed
90.Suspension of conditions for students
91.Exemption of practical placement from laws prohibiting or regulating employment of young persons
91A.Duty of care
PART 7A—MINIMUM TERMS AND CONDITIONS
91AB.Rates of pay
PART 8—MISCELLANEOUS
91B.Authorised officers
91C.Identification
91D.Powers of authorised officers
92.Proceedings for offences
92A.Offences by corporations etc.
93.Evidentiary
93AA.Certificates
93A.Supreme Court—limitation of jurisdiction
94.Regulations
94A.Fees for certificates
94B.Review of decisions of training agents
PART 9—SAVINGS, REPEAL AND AMENDMENTS
Division 1—Savings Provisions
95.Abolition of authorities
96.Repealed
97.Trades, apprenticeships and training agreements
Division 2—Further savings provisions
98.Vocational Education and Training (Training Framework) Act 1997
99.Transitional provisions
100–106.Repealed
Divisions 3, 4—Repealed
107–120.Repealed
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SCHEDULES
SCHEDULE 1—TAFE Institutions
SCHEDULE 2—Employment of Staff
SCHEDULE 3—State Training Wage Provisions
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 055
Vocational Education and Training Act 1990
Act No. 45/1990
Version incorporating amendments as at 11 October 2006
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1.Purposes
The main purposes of this Act are—
(a)to establish the Victorian Learning and Employment Skills Commission and to specify its powers and functions in the promotion, planning, co-ordination and administration of vocational education and training in Victoria and of adult, community and further education in TAFE colleges; and
(b)to provide for the establishment of TAFE colleges as self governing institutions forming part of the post-secondary education system in Victoria which includes vocational education and training and adult, community and further education; and
(c)to provide for the establishment or declaration of industry training boards; and
(d)to provide for the regulation of apprenticeships and other workplace training; and
* * * * *
(f)to provide for and regulate the practical placements of students of TAFE providers so as to enable those students to obtain general work experience or to receive workplace training.
2.Commencement
This Act comes into operation on a day or days to be proclaimed.
3.Definitions
In this Act—
* * * * *
"adult, community and further education" has the same meaning as in the Adult, Community and Further Education Act 1991;
"Adult, Community and Further Education Board" means the Adult, Community and Further Education Board established under the Adult, Community and Further Education Act 1991;
"adult, community and further education plan" means the adult, community and further education plan made under the Adult, Community and Further Education Act 1991;
"ANTA" means the Australian National Training Authority established under the Australian National Training Authority Act 1992 of the Commonwealth;
"apprentice" means a person whom an employer has undertaken to train under a training agreement;
"approved training scheme" means a training scheme approved under section 51;
* * * * *
* * * * *
"Commission" means the Victorian Learning and Employment Skills Commission;
* * * * *
* * * * *
* * * * *
* * * * *
"executive officer" means a member of the management staff of a TAFE college or the TAFE division of a university with a TAFE division;
"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 autonomous college;
"government office" means—
(a)an office under the Crown in right of the State of Victoria (not being an office in the public service or the teaching service) to which the right to appoint is vested in the Governor in Council; or
(b)an office of member, acting member or deputy member of a public statutory body whether corporate or unincorporate to which the right to appoint is vested in the Governor in Council;
"National standards" means standards agreed to from time to time by the governments of the Commonwealth, States and Territories;
"National Statement" means the statement set out in the Schedule to the Australian National Training Authority Act 1992 of the Commonwealth;
"prescribed" means prescribed by this Act or the regulations;
* * * * *
"registered training organisation" means a person or body registered in accordance with the Victorian Qualifications Authority Act 2000 to deliver an accredited course or issue a recognised qualification;
"Regional Council" means a Regional Council of Adult, Community and Further Education, established under the Adult, Community and Further Education Act 1991;
* * * * *
* * * * *
"TAFE" means technical and further education;
"TAFE college" means an institution specified in Schedule 1 but if an institution is also specified in Schedule 2 of the Tertiary Education Act 1993 means that part of the institution which provides technical and further education;
"TAFE institution" means a university, school, college or centre at or from which technical and further education is provided;
"technical and further education" has the same meaning as in the Tertiary Education Act 1993;
* * * * *
"training" means training whether by way of course, instruction or practical training in the knowledge and skills required for a vocation;
"university with a TAFE division" means the University of Ballarat, Royal Melbourne Institute of Technology, Swinburne University of Technology and Victoria University;
"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;
"vocational education and training course" means a sequence of vocational education and training.
4.Objects
The objects of this Act are—
(a)to establish a State Training System for the provision of vocational education and training responsive to the needs of industry and the community; and
(b)to establish institutions for the provision of TAFE as part of the system of State post-secondary education institutions; and
(c)to provide mechanisms by which industry can advise government on vocational education and training needs and priorities to meet those needs; and
(d)to provide mechanisms for consultation between the Commission and technical and further education providers and other bodies involved in technical and further education; and
* * * * *
* * * * *
(f)to facilitate the development of training by and within industry; and
(g)to promote the devolution and decentralisation of decision-making within the State Training System; and
* * * * *
(i)to ensure adequate access to vocational education and training and to the services and programs of TAFE colleges and TAFE institutions in general by disadvantaged persons and groups and to make provision for the equitable treatment of all individuals in the provision of services and programs by TAFE colleges and TAFE institutions; and
(ia)to ensure the provision of and access to adult, community and further education in TAFE colleges in accordance with the adult, community and further education plan; and
(j)to ensure adequate representation of women and men at all levels of the State Training System and on all bodies in the State Training System.
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PART 2—CO-ORDINATION OF STATE TRAINING SYSTEM
Division 1—State Co-ordination
5.Ministerial guidelines
(1)The Minister, after consulting with or considering the advice of the Commission, may issue written guidelines on any matter relating to vocational education and training in Victoria or adult, community and further education in TAFE colleges.
(2)A guideline may be issued so as to require a matter affected by the guideline to be approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies.
(3)A guideline takes effect—
(a)on and from the day specified in it; or
(b)if no day is specified, on and from the day on which the guideline is issued.
6.Ministerial directions
(1)The Minister, after consulting with or considering the advice of the Commission, may give written directions to—
(aa)the council of a TAFE college; or
(ab)the council of a university with a TAFE division; or
(ac)an industry training board—
in relation to all or any of the following matters—
(a)the preparation, scope and form of performance agreements;
(b)the preparation, scope and form of management plans;
(c)the fees and charges which may or must be imposed and any concessions or exemptions which may or must apply to them;
(d)any action necessary to enable the State to comply with the terms of any agreement or arrangement made between it and the Commonwealth of Australia or any other State or Territory;
(e)the standard and general form of accounts and records to be kept by the council or board;
(f)the inspection of facilities, accounts and records of the council or board;
(g)in the case of a council of a TAFE college, as to whether the council may exercise any of the powers mentioned in section 26(2), the approvals which must be obtained before those powers are exercised and the conditions under which the powers are to be exercised;
(h)reporting requirements.
(1A)The Minister may give written directions to the council of a TAFE College relating to—
(a)offering and conducting courses of study leading to the conferral of higher education awards within the meaning of the Tertiary Education Act 1993; or
(b)the conferral of those higher education awards.
(2)The Minister's power to give directions to the council of a university with a TAFE division is limited to those matters referred to in sub-section (1) to the extent that they relate to the TAFE division of that university.
(3)A direction may be given so as to require a matter affected by the direction to be approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies.
(4)A direction takes effect—
(a)on and from the day specified in it; or
(b)if no day is specified, on and from the day on which it is given.
6A.Ministerial directions on employment matters
(1)The Minister may give written directions to—
(a)the council of a TAFE college; or
(b)the council of a university with a TAFE division—
about the employment of staff by the council or, in the case of a university, the employment of staff in the TAFE division of that university.
(2)Without limiting sub-section (1), a direction may make provision for or with respect to—
(a)staff redundancies including the number of staff to be made redundant within a specified period and the transfer of staff to another TAFE college or to the TAFE division of a university with a TAFE division;
(b)staff superannuation arrangements including the making of employer contributions;
(c)the method of accounting and payment between TAFE colleges and the universities with TAFE divisions in respect of accrued or accruing leave or other employment entitlements where a staff member transfers to another TAFE college or the TAFE division of a university with a TAFE division.
(3)A direction may be made so as to apply—
(a)generally or in specified cases or in a specified class of case or specified classes of cases;
(b)at all times or at a specified time or specified times.
(4)A direction may be made so as to require a matter affected by the direction to be approved by or to the satisfaction of a specified person or a specified class of persons.
(5)A direction takes effect—
(a)on and from the day specified in it; or
(b)if no day is specified, on and from the day on which the direction is notified in the Government Gazette.
(6)The Minister must cause a direction to be published in the Government Gazette as soon as practicable after it is made.
6B.Ministerial orders
The Minister may make an order declaring a position or class of positions on the staff of a TAFE college or the TAFE division of a university with a TAFE division to be part of the management staff of the TAFE college or TAFE division.
7.Compliance with Ministerial guidelines and directions
The council of a TAFE college or a university with a TAFE division and an industry training board must observe and give effect to any guideline issued under section 5 and any direction under section 6 or 6A applying to it when exercising its functions or powers under this Act.
8.Establishment of Victorian Learning and Employment Skills Commission
(1)There is established a Commission to be called the Victorian Learning and Employment Skills Commission.
(2)The Commission—
(a)is a body corporate with perpetual succession; and
(b)has a common seal; and
(c)may sue and be sued in its corporate name; and
(d)is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions and exercising its powers; and
(e)is capable of doing and suffering anything that a body corporate may by law do and suffer, and that is necessary or expedient for performing its functions and exercising its powers.
(3)The common seal must be kept as directed by the Commission and must only be used as authorised by the Commission.
(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.
9.Functions of the Commission
(1)The functions of the Commission are—
(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)to advise the Minister about vocational education and training strategies to complement State and national economic and social development;
(c)to identify major vocational education and training issues and make recommendations to the Minister about those issues;
(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;
(e)to promote research in relation to vocational education and training;
(f)to advise the Minister about curriculum in vocational education and training;
(g)to advise the Minister about the effective spending of money made available for vocational education and training;
(h)to advise the Minister about the provision of adult, community and further education in TAFE colleges;
(i)to advise the Minister on any other matter that the Minister refers to the Commission;
(j)to carry out any other function that is conferred on the Commission by this or any other Act.
(2)The Commission must—
(a)have regard to the whole of the functions conferred on councils of TAFE colleges by or under this Act; and
(b)establish systems to achieve co-operation between the Commission and the Adult, Community and Further Education Board in relation to, among other things, planning, curriculum development, accreditation, cross-crediting and linking of courses and recognition of prior learning for adult, community and further education;
(c)ensure that its actions are consistent with arrangements for the provision of adult, community and further education in Victoria; and
(d)give effect to the adult, community and further education plan—
in carrying out its functions.
9A.Functions of the Commission in relation to ANTA
(1)The Commission is the State training agency for Victoria under the National Statement.
(2)The functions of the Commission as the State training agency are—
(a)to provide data and advice to ANTA about the vocational education and training needs and priorities in Victoria and the funding implications of those needs and priorities;
(b)to advise ANTA about—
(i)the development of vocational education and training policy; and
(ii)the development of a National Strategic Plan for vocational education and training; and
(c)to develop for ANTA a State Training Profile having regard to—
(i)the planning parameters set by the Ministerial Council referred to in the National Statement; and
(ii)the National Strategic Plan referred to in that Statement;
(d)to ensure that vocational education and training in Victoria is managed and delivered having regard to the National Strategic Plan;
(e)to provide annual vocational education and training performance reports to ANTA;
(f)to perform any other function given to the Victorian State training agency under the National Statement.
(3)In this section "vocational education and training" includes adult, community and further education.
9B.Functions of the Commission under National Training Wage Award
(1)The Commission as the relevant State Training Authority may enter into an agreement with NETTFORCE as provided by the National Training Wage Interim Award 1994 made by the Australian Industrial Relations Commission as varied from time to time and may perform the functions and exercise the powers given to it under any such agreement.
(2)In this section "NETTFORCE" means the body known as Nettforce Incorporated which is incorporated as an association under the Associations Incorporation Act 1991 of the Australian Capital Territory.
9C.Functions of the Commission under Commonwealth Workplace Relations Act 1996
If the Commission is declared an approving authority for the purposes of Part VIE of the Workplace Relations Act 1996 of the Commonwealth it may perform the functions and exercise the powers conferred on it by that Act.
10.Performance agreements and financial powers
(1)The Commission may enter into a performance agreement with a council of a TAFE college with respect to the provision by the college of vocational education and training or adult, community and further education.
(2)A performance agreement under sub-section (1) may contain, with the consent of the Minister and subject to any conditions imposed by the Minister, additional provisions with respect to the provision by the TAFE college of education other than vocational education and training or adult, community and further education.
(3)The Commission may enter into a performance agreement with an industry training board with respect to the board's functions under this Act.
(4)The Commission—
(a)may apply money for or towards the costs of or incidental to the performance of its functions and exercise of its powers under this Act; and
(b)may make payments to the council of a TAFE college in accordance with a performance agreement with the council; and
(c)may make payments to an industry training board in accordance with a performance agreement with the board; and
(d)may make payments by way of grants, subsidies or loans in relation to vocational education and training to any person, organisation or institution, whether public or private, on any terms or conditions that the Commission thinks fit.
(5)The Commission must cause to be kept proper accounts and records of all money applied or paid under sub-section (4).
(6)The accounts and records are to be kept in the form required by the Auditor-General.
(7)The accounts of the Commission kept under this section must be audited at least once a year by the Auditor-General, who has in respect of the accounts all the powers conferred on the Auditor-General by any law relating to the audit of public accounts.
11.Powers of the Commission
The Commission has power to do everything that is necessary or convenient for it to do for or in connection with the performance of its functions including any function delegated to it.
12.Accountability
(1)The Commission must perform its functions and exercise its powers subject to—
(a)any economic and social objectives and public sector management policy established from time to time by the Government of Victoria; and
(b)the general direction and control of the Minister; and
(c)in the case of the Commission's functions and powers under sections 9A and 10, the specific direction and control of the Minister—
and in accordance with the objectives of the National Statement.
(2)The Commission must publish any written direction given to it during a financial year in its annual report for that year.
* * * * *
13.Member[1]
(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.
(2)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member.
14.Terms and conditions of office of member
(1)A member holds office for the term, not exceeding 3 years, that is specified in the instrument of appointment, and is eligible for re-appointment.
(2)The office of a 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 Commission without the leave of the Chairperson, or in the case of the Chairperson without the Minister's leave;
* * * * *
(3)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 Commission; and
(d)disclose to the Commission any conflict of interest or duties except those arising directly out of the person's qualification for membership of the Commission.
(4)A member may resign his or her office in writing delivered to the Governor in Council.
(5)The Governor in Council may remove or suspend a member from office.
(6)A 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 and personal expenses are met 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 applicable to officers of the public service.
(7)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.
15.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 14(6).
16.Validity of acts or decisions of the Commission
An act or decision of the Commission 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.
* * * * *
18.Meetings of the Commission
(1)The Chairperson must preside at any meeting of the Commission at which he or she is present.
(2)If the Chairperson is absent, a member elected by the members present at a Commission meeting must preside.
(3)A majority of members in office at the time constitutes a quorum.
(4)A question arising at a Commission meeting is determined by a majority of votes and, if the votes are equal, the person presiding has a casting vote.
(5)The Commission must meet at the times and places that are determined by the Chairperson or the Commission.
(5A)The Commission may permit members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.
(6)The Commission must keep a record of the decisions and full and accurate minutes of its meetings and must not later than 14 days after a meeting give to the Minister a copy of the minutes of the meeting.
(7)Subject to this Act, the Commission may regulate its own proceedings.
19.Public service staff [2]
(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 Secretary to the Department of Education and Training is responsible for implementing any policy or decision of the Minister or the Commission made in accordance with this Act.
20.Delegations
(1)The Commission may, by instrument under its common seal, delegate to—
(a)a member of the Commission; or
(b)the council of a TAFE college or a university with a TAFE division; or
(c)an industry training board; or
(d)to the members of a training recognition board established under section 75; or
* * * * *
(f)the Secretary to the Department of Education and Training or an officer or employee appointed or employed under section 19; or
(g)the Adult Community and Further Education Board, the General Manager of that Board, the members of a further education recognition board established under section 13B of the Adult, Community and Further Education Act 1991 or an officer or employee appointed under section 25 of that Act—
any power or function of the Commission.
(2)The Commission may, by instrument under its common seal, delegate to a further education accreditation board established under section 13B of the Adult, Community and Further Education Act 1991 any power or function of the Commission under section 74.
(3)The Minister may, by instrument in writing, delegate to—
(a)the Commission or any member of the Commission; or
(b)the Secretary to the Department of Education and Training or an officer or employee appointed under section 19; or
(c)the council of a TAFE college or a university with a TAFE division; or
(d)the Adult, Community and Further Education Board, the General Manager of that Board or an officer or employee of the public service appointed under section 25 of the Adult, Community and Further Education Act 1991—
any of the Minister's powers or functions under this Act except this power of delegation and any powers or functions under sections 5, 6, 12(1)(b) or (c), 13 and 28.
(4)The Secretary to the Department of Education and Training may, by instrument in writing, delegate to—
(a)an officer or employee appointed under section 19; or
(b)the council of a TAFE college or a university with a TAFE division; or
(c)the Adult, Community and Further Education Board, the General Manager of that Board or an officer or employee of the public service appointed under section 25 of the Adult, Community and Further Education Act 1991—
any of the Secretary's powers or functions under this Act.
(5)Without limiting the generality of sub-section (1), the Commission may, by instrument under its common seal, delegate to a body established under section 4 of the Tertiary Education Act1993 or section 13B or 31 of the Adult, Community and Further Education Act 1991 any of its powers and functions under section 74 or 85 in relation to a specified type of post-secondary education course or a specified type of post-secondary education.
(6)A delegation to an industry training board must not be made without the Minister's consent and must be published in the Government Gazette.
(7)The Commission, the Minister or the Secretary to the Department of Education and Training may delegate a power or function even though the Commission, Minister or Secretary may only exercise the power or perform the function after receiving the report, recommendation, opinion or advice or after consulting the person to whom the power or function is delegated.
20AA. Power of further delegation—Workplace Relations Act 1996 of the Commonwealth
(1)Without limiting the powers of the Commission under section 20, the Commission may if so authorised by or under the Workplace Relations Act 1996 of the Commonwealth, by instrument under its common seal, further delegate any of the powers or functions referred to in section 9C to the Secretary to the Department of Education and Training or an officer or employee appointed or employed under section 19.
(2)Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a further delegation authorised by this section in the same way as they apply to a delegation.
20A.Power of further delegation
(1)If a power or function has been delegated to the council of a TAFE college or a university with a TAFE division under section 20, that council may delegate the power or function to—
(a)any other person or body to whom that power or function may be delegated directly; and
(b)in the case of the council of a TAFE college, any person employed by the council under section 34A; and
(c)in the case of a university with a TAFE division, any person employed on the staff of the university—
if the original instrument of delegation of that power or function authorised the making of a further delegation.
(2)An original instrument of delegation may specify any terms, conditions, limitations or restrictions on the making of a further delegation.
(3)Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by this section in the same way as they apply to a delegation.
20B.Delegations to approved training agents
(1)Without limiting the powers of the Commission under section 20, the Commission may, by instrument under its common seal, delegate to any person or body appointed as an approved training agent any power or function of the Commission under section 53, 56(3), 57 and 59(2).
(2)The Governor in Council may, on the recommendation of the Minister by Order published in the Government Gazette, appoint any person or body to be an approved training agent for the purposes of this Act.
(3)The Commission must ensure that a copy of an instrument of delegation under this section is published in the Government Gazette as soon as practicable after its making.
21.Establishment of bodies to act as delegates of Commission
(1)The Governor in Council may from time to time by Order establish a board, committee or other similar body to exercise any of the powers and functions of the Commission that are delegated to it under this section.
(2)The Governor in Council may in any Order made under sub-section (1) make any provision with respect to the terms and conditions of appointment of the members of the body and the procedure of the body as the Governor in Council thinks fit.
(3)The Commission with the consent of the Minister may, by instrument in writing, delegate to any body established under sub-section (1) any of its powers and functions (except this power of delegation).
(4)A body established under sub-section (1) may permit members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.
22.Immunity of Commission members from suit
(1)An action does not lie against a member of the Commission for anything done, or not done, in good faith in the course of giving effect, or purporting to give effect to this Act.
(2)An action which would lie against a member of the Commission except for sub-section (1) may be brought against the Commission.
Division 2—National System
22A.Conferral of functions on ANTA in relation to Victoria
ANTA has the functions, in relation to Victoria, that are expressed to be conferred on it by the Australian National Training Authority Act 1992 of the Commonwealth.
22B.Powers of ANTA in Victoria
(1)In Victoria, ANTA has power to do all things necessary or convenient to be done in the performance of the functions, and may exercise the powers, expressed to be conferred on it by—
(a)this Act; or
(b)the Australian National Training Authority Act 1992 of the Commonwealth; or
(c)the law of another State or Territory corresponding to this Act.
(2)This section is in addition to, and does not limit another law of the Commonwealth, a State or a Territory that confers power on ANTA.
22C.Representations to funding bodies
(1)The council of a TAFE college or of a university with a TAFE division must give the Commission at least 4 weeks notice before it makes any representations in writing to ANTA or any other body established under the law of the Commonwealth or of the law of the State of Victoria which is charged with the duty of allocating funds for vocational education and training or advising or making recommendations about the allocation of those funds to the Commonwealth Parliament or the Commonwealth Government or the Parliament or the Government of the State of Victoria.
(2)If the Commission receives notice under sub-section (1) it may, within 4 weeks of receiving that notice, inform the council that the Commission wishes its views to be attached to those representations.
(3)If a council receives information from the Commission that the Commission wishes its views to be attached to the council's representations, the council must ensure that those views are attached unless—
(a)the Commission advises the council that it no longer wishes its views to be attached; or
(b)the Commission does not, within 4 weeks of informing the council under sub-section (2), supply the council with a written copy of its views.
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PART 3—TAFE COLLEGES
23.TAFE colleges
(1)The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette—
(a)create a TAFE college; or
(b)abolish a TAFE college; or
(c)amalgamate one or more TAFE colleges; or
(ca)if the council of a university with a TAFE division approves, merge a TAFE college with the university; or
(d)change the name of a TAFE college—
and amend Schedule 1 by—
(e)inserting the name of a new or amalgamated TAFE college; or
(f)removing the name of a TAFE college; or
(g)changing the name of a TAFE college.
(2)The Minister must not make a recommendation under sub-section (1) unless—
(a)the council or the governing body (if any) of any college or proposed college concerned has made a request for the proposed order or has been consulted about the proposed order; and
(b)the Minister has consulted the Commission about the proposed order.
(3)If an Order in Council changes the name of a college pursuant to sub-section (1)—
(a)the college continues in existence under the new name so that its identity is not affected; and
(b)in an Act, in a subordinate instrument made under an Act or in any other document a reference to a college under the former name shall, except in relation to matters that occurred before the change of name, be construed as a reference to the college under the new name.
24.Incorporation of TAFE college councils
(1)The Governor in Council may, on the recommendation of the Minister by Order—
(a)establish a council to oversee and manage a TAFE college; or
(b)amalgamate a council with another council; or
(c)abolish a council; or
(d)change the name of a council; or
(e)make provision or further provision for or with respect to the constitution, management structure, membership, objectives, powers, duties or functions of a council, the manner of appointment or the terms and conditions of appointment of members of a council; or
(f)make provision for the council to make rules for the government of the college; or
(g)make provision for the council to delegate any of its powers and functions under this Act (except any powers delegated to it under this Act) to a person employed at the college or to a committee established by or under an Order in Council relating to the council;
(h)amend any provision of a previous order relating to a council; or
(i)make provision for or with respect to anything that is consequential upon the making of an order including the rights and obligations or the assignment of any property (subject to any trusts) of any council referred to in the Order.
(2)The Minister must not make a recommendation under sub-section (1) unless—
(a)the council of any college concerned has made a request for the proposed Order or has been consulted about the proposed Order; and
(b)the Minister has consulted the Commission about the proposed order.
(3)A council established under sub-section (1)—
(a)is a body corporate with perpetual succession; and
(b)has a common seal; and
(c)may sue and be sued in its corporate name; and
(d)is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions and exercising its powers; and
(e)is capable of doing and suffering anything that a body corporate may by law do and suffer and that is necessary or expedient for performing its functions and exercising its powers.
(4)If two or more councils previously incorporated pursuant to this Act or the Post-Secondary Education Act 1978 or the Tertiary Education Act 1993 are amalgamated pursuant to an Order under sub-section (1), any legal proceedings that might have been commenced or continued by or against any of the councils may be commenced or continued by or against the single council formed by the amalgamation.
(5)A change of name pursuant to an Order under sub-section (1) does not affect the identity of the council or any rights or obligations of the council or render defective any legal proceedings by or against the council, and any legal proceedings that might have been continued or commenced by or against it by its former name may be continued by or against it by its new name.
25.Functions of TAFE college councils
(1)The functions of the council of a college are—
(a)to oversee and manage the college efficiently and effectively and to prepare periodic management plans for the college; and
(b)to provide the population of the area served by the college with efficient and effective technical and further education programs and services responsive to the needs of industry, students and the general community; and
(ba)to provide the population of the area served by the college with efficient and effective adult, community and further education programs and services which are responsive to the needs of the community and to consult with the relevant Regional Councils about the provision of these programs and services; and
(bb)to offer and conduct a course of study leading to the conferral of a higher education award within the meaning of the Tertiary Education Act 1993 in accordance with that Act; and
(bc)to confer a higher education award within the meaning of the Tertiary Education Act 1993 in accordance with that Act; and
(c)to make adequate arrangements for persons and groups which have not had or do not have adequate access to technical and further education programs and services; and
(d)to carry out any other function conferred on the council by or under this Act or any Order in Council made under section 24.
(2)Without limiting the generality of sub-section (1) the council may carry out all or any of the following functions—
(a)provide facilities or services for study, research or education;
(b)undertake research, development, counselling or other services for commercial organizations;
(c)aid or engage in the development or promotion of college research or the application or use of the results of that research;
(d)prepare, publish or distribute or license the use of literary or artistic work, audio or audio-visual material or computer software;
(e)seek or encourage gifts to the college or for college purposes;
(f)promote or assist drama, music or the visual arts.
26.Powers of TAFE college councils
(1)A council has power to do all things that are necessary or convenient to be done for or in connection with or, as incidental to, the performance of its functions including any function delegated to it.
(2)Without limiting the generality of sub-section (1) a council, for the purpose of carrying out its functions under section 25(2), may—
(a)be a member of a company, association trust or partnership;
(b)form or participate in the formation of a company, association, trust or partnership;
(c)enter into a joint venture with another person or persons.
27.Accountability of TAFE college councils
(1)A council must perform its functions and exercise its powers subject to—
(a)a performance agreement; and
(b)any economic and social objectives established from time to time by the Government of Victoria; and
(c)any Order in Council made under section 24; and
(d)any other requirements of this Act.
(2)A council must establish and keep full and complete books and accounts of all money received and paid by the council and must arrange for a continuous audit of the income and expenditure to be made at any intervals not exceeding one month that the Minister directs.
(3)The books and accounts referred to in sub-section (2) must be kept in the form and manner approved by the Auditor-General.
28.Council membership[3]
(1)An Order in Council under section 24 must provide for a council consisting of not less than 9 and not more than 15 persons of whom—
(a)not less than one half must be appointed by the Minister;
(b)one must be a staff member of the college elected by staff of the college;
(c)one must be a student of the college elected by students of the college;
(d)one must be the director of the college;
(e)the remaining members must be persons with knowledge of or experience in the community or any industry served by the college or in adult, community and further education or with special skills or knowledge relevant to the council appointed by the council by co-option.
(2)At least half the members referred to in sub-section (1)(a) must be persons with knowledge of or experience in any industry in which training is provided in the college, appointed by the Minister after considering the advice of the members of the council who have been appointed.
(3)A person who is a member of Parliament must not be appointed or elected to be a member of a council.
(4)A person holding office as a member of a council immediately before the commencement of the Vocational Education and Training (Council Membership) Act 2000 who was on that date a member of Parliament ceases to hold office as a member of the council.
29.Terms and conditions of office of members
(1)The office of a 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 council without the leave of the Chairperson; or
(d)the member becomes a represented person within the meaning of the Guardianship and Administration Act 1986.
(2)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 a council; and
(d)disclose to the council any conflict of interest or duties except those arising directly out of the person's qualification for membership of a council.
(3)The Governor in Council may remove a member appointed by the Minister under section 28(1)(a) from office at any time.
(4)The Governor in Council may remove a member elected or appointed to the council under section 28(1)(b), (c) or (e)—
(a)on the recommendation of two thirds of the members for the time being of the council; or
(b)on the recommendation of the Commission.
(5)The Commission must not make a recommendation under sub-section (4)(b) unless—
(a)the Commission has requested the council to recommend the removal of a member and the council has not made a recommendation within 30 days of the request; and
(b)the Commission is satisfied that the member failed to comply with any requirement of sub-section (2); and
(c)the Commission has given the member an opportunity to submit an explanation in relation to the alleged failure.
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30.Proceedings of councils
(1)Subject to this Act and any Order in Council made under section 24 relating to a college, the council of the college may regulate its own proceedings.
(2)The council of a college may permit members to participate in a particular meeting, or all meetings, by telephone, closed circuit television or other means of communication.
31.Reserve powers of Minister
(1)If the Minister is satisfied that the council of a college—
(a)is inefficiently or incompetently managing the college; or
(b)is failing to comply with its performance agreement; or
(c)has failed to comply with any provision of this Act, a guideline issued by the Minister under Part 2 or any directions given to the council by the Minister under this Part or an Order in Council establishing the council—
the Minister may do any one or more of the following—
(d)issue written directions to the council about—
(i)action to be taken to remedy inefficient or incompetent management, which may include the dismissal of the college director; or
(ii)compliance with a performance agreement; or
(iii)compliance with the Act, guidelines, directions or an Order in Council;
(e)censure the council in accordance with section 32;
(f)recommend that the Governor in Council dismiss the members of the council and appoint new members of the council and make arrangements for the elections for elected members of the council; or
(g)recommend to the Governor in Council that an administrator of the college be appointed in accordance with sections 32 and 33.
(2)If the Minister is satisfied that a council has failed to comply with a direction given under sub-section (1)(d) the Minister may do any one or more of the things specified in sub-section (1)(e), (f) and (g).
32.Notice of proposal
(1)If the Minister proposes to exercise his or her powers under section 31, the Minister—
(a)must give the council notice in writing of the proposal and the reasons for the proposal; and
(b)must consider any submissions whether oral or in writing made to the Minister by the council within 7 days after the giving of the notice or any further time specified in the notice; and
(c)may consider any other submissions and any matters the Minister considers appropriate—
before deciding whether or not to exercise the power.
(2)If the Minister decides to censure or dismiss a council or appoint an administrator to the council, the Minister must—
(a)give notice in writing of the censure, dismissal or appointment to the council; and
(b)cause to be tabled in each House of Parliament within 7 sitting days of the House after the notice is given to the council—
(i)a copy of the notice; and
(ii)a report of the circumstances leading to the action; and
(iii)a copy of any written submission made by the council.
33.Appointment of administrator
(1)If the Minister decides to recommend the appointment of an administrator, the Governor in Council, on the recommendation of the Minister, may appoint an administrator of the college for the period and subject to the terms and conditions that are specified in the appointment.
(2)An administrator of a college appointed under this section has and may exercise all the powers and is subject to all the duties of the council of the college and the director of the college.
(3)On the appointment of an administrator, the members of the council of the college cease to hold office.
(4)The Minister must review the appointment of an administrator within 12 months after the appointment.
(5)If the Minister recommends to the Governor in Council that the appointment of the administrator should be revoked, the Governor in Council may by notice published in the Government Gazette declare that the appointment will be revoked on the date specified in the notice, being a date not less than 28 days after the publication of the notice.
(6)If a notice is published under sub-section (5) in relation to a college—
(a)members of the council of the college shall be elected or appointed in accordance with this Part; and
(b)on the date specified in the notice—
(i)the appointment of the administrator is revoked; and
(ii)the council of the college is re-established.
34.Saving of acts of council
Nothing done by a council is in any way abated or affected by the dismissal of the council or the appointment of an administrator under section 32 or 33.
34A.Employment of staff
(1)Subject to any direction given by the Minister under section 6A, a council—
(a)must employ a college director; and
(b)may employ such other staff as is necessary to enable the council to perform its functions and exercise its powers.
(2)A council, in employing persons under this section, does not represent the Crown.
(3)The college director must be taken to be the employer, for the purposes of the provisions of Schedule 2 relating to contracts of employment and for no other purpose, of any person employed under sub-section (1)(b).
(4)A college director is subject to the direction and control of the council in the exercise of his or her powers as an employer for the purposes referred to in sub-section (3).
(5)A council may, by instrument under its common seal, delegate to the college director any power of the council under this section, other than this power of delegation.
34B.Minister may object to college director appointment
(1)Before appointing a person as a college director a council must notify the Minister in writing of the proposal to make the appointment.
(2)The Minister may, within 10 days after receiving that notification and after considering the council's proposal, give to the council notice in writing of his or her objection to the proposed appointment.
(3)A council must not appoint a person as a college director if the Minister has objected to the appointment in accordance with sub-section (2).
34C.Schedule 2
(1)Schedule 2 applies to the employment of staff at a TAFE college or in the TAFE division of a university with a TAFE division.
(2)A council may determine terms and conditions of employment of persons employed under section 34A to the extent that those terms and conditions are not determined or agreed in accordance with Schedule 2.
(3)A provision determined under sub-section (2) is of no effect to the extent that it provides a term and condition of employment that is less favourable to an employee than a term or condition to which he or she was entitled under section 19, 20 or 21 of the Vocational Education and Training (College Employment) Act 1993.
35.College directors
A college director—
(a)is the chief executive officer of the council; and
(b)is responsible for the day to day administration and management of the college in accordance with any policies or directions of the council of the college and with the requirements of this Act;
(c)must satisfy the council that—
(i)funds are spent; and
(ii)staff are carrying out functions; and
(iii)the college is generally managed and administered—
in accordance with the requirements of this Act.
36.Immunity
(1)An action does not lie against a member of a council established by Order in Council under section 24 for anything done, or not done in good faith in the course of giving effect, or purporting to give effect to the provisions of this Part except section 26(2).
(2)An action which would lie against a member of a council except for sub-section (1) may be brought against the council.
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PART 4—INDUSTRY TRAINING BOARDS
38.Establishment or declaration of industry training boards
(1)On the recommendation of the Minister, the Governor in Council may by Order published in the Government Gazette—
(a)establish an industry training board; or
(b)declare any association incorporated under the Associations Incorporation Act 1981 or any company within the meaning of the Corporations Act that is taken to be registered in Victoria to be an industry training board—
in respect of the industry specified in the Order.
(2)In determining whether to make a recommendation under sub-section (1) about the declaration of an association or a company the Minister must consult with the Commission and consider—
(a)whether the functions, objects, purposes or powers of the association or company are similar to the functions set out in section 41 and the powers set out in section 42; and
(b)whether the membership of the governing body of the association or company includes persons with experience in the various aspects of the industry specified in the order including backgrounds as employers and as employees.
39.Orders establishing industry training boards
(1)An Order in Council under section 38(1)(a) may make provision for or with respect to the constitution, management structure, membership or objectives of a board or the manner of appointment or the terms and conditions of appointment of members of a board.
(2)An industry training board established under section 38(1)(a)—
(a)is a body corporate with perpetual succession; and
(b)has a common seal; and
(c)may sue and be sued in its corporate name; and
(d)is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions or exercising its powers; and
(e)is capable of doing and suffering anything that a body corporate may by law do and suffer and that is necessary or expedient for performing its functions and exercising its powers.
(3)The common seal of an industry training board established under section 38(1)(a) must be kept as directed by that board and must only be used as authorised by that board.
(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.
40.Revocation of orders
(1)The Governor in Council may by Order published in the Government Gazette—
(a)abolish an industry training board established under section 38(1)(a); or
(b)revoke any declaration under section 38(1)(b) in respect of an industry training board; or
(c)make any provision for any matter consequential upon the making of an order under paragraph (a) or (b).
(2)Without limiting the generality of sub-section (1)(c) an Order abolishing a board may provide for the distribution of the assets of the abolished board to another board established under section 38(1)(a).
41.Functions of industry training boards
(1)The functions of an industry training board established under section 38(1)(a) are—
(a)within the national and state strategic framework, to prepare quality training plans detailing industry skill requirements, the quantity and types of training needed by industry and training arrangements;
(b)to promote training within the industry;
(c)to liaise with or participate on national industry training advisory bodies;
(d)to participate in accreditation and recognition processes.
(2)An Order in Council under section 38(1)(a) may confer any additional functions on the industry training board established by the Order.
(3)The Governor in Council may at any time by Order published in the Government Gazette confer any additional functions on an industry training board or amend any of the functions conferred on the board by Order in Council.
42.Powers of industry training boards
An industry training board established under section 38(1)(a) has power to do everything that is necessary or convenient for it to do for or in connection with the performance of the functions including any function delegated to it.
43.Members
(1)An industry training board established under section 38(1)(a) consists of the number of members that is fixed by the Order in Council establishing the board.
(2)Members of a board established under section 38(1)(a) are to be appointed by the Governor in Council on the recommendation of the Minister.
(3)The Minister must, in recommending members for appointment to a board established under section 38(1)(a), endeavour to ensure that the board has a membership of persons with experience in the various aspects of the industry specified in the order including backgrounds as employers and employees.
44.Terms and conditions of office of members
(1)A member of a board established under section 38(1)(a) holds office for a term not exceeding 3 years and is eligible for re-appointment.
(2)The office of a member of a board established under section 38(1)(a) 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 Board without the Chairperson's leave; or
(d)the member becomes a represented person within the meaning of the Guardianship and Administration Act 1986.
(3)A member of a board established under section 38(1)(a) 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 an industry training board; and
(d)disclose any conflict of interest or duties to the industry training board.
(4)The Minister may at any time remove a member of an industry training board established under section 38(1)(a) from office.
44A.Proceedings of boards
(1)Subject to this Act and any Order in Council made under section 38(1)(a), a board established under section 38(1)(a) may regulate its own proceedings.
(2)A board may permit members to participate in a particular meeting or all meetings, by telephone, closed circuit television or other means of communication.
45.Immunity of board members from suit
(1)An action does not lie against a member of a board established under section 38(1)(a) for anything done, or not done, in good faith in the course of giving effect or purporting to give effect to this Act.
(2)An action which would lie against a member of a board except for sub-section (1) may be brought against the board.
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PART 5—APPRENTICESHIPS
Division 1—Application of Part
49.Binding of Crown
This Part binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
50.Application of Part
Sections 58(1), 59(2), (3) and (4), 60(1)(d) and 62 do not apply to, or in relation to, a vocation if the Commission makes a determination under section 51, that those provisions do not apply to the vocation specified in the determination.
Division 2—Training Schemes
51.Training schemes
(1)The Commission may determine that a specified training scheme is an approved training scheme.
(2)A determination under sub-section (1) may provide for all or any of the following matters—
(a)whether the vocation is one to which sections 58(1), 59(2), (3) and (4), 60(1)(d) and 62 do not apply;
(b)the duration of an approved training scheme by reference to a fixed period or a maximum or minimum period;
(c)whether any apprentice may be engaged as a full time or part time employee;
(d)any requirement for a probationary period and, if so, its length;
(e)the nature and syllabus of the training scheme and any course of study, instruction or practical or workplace training comprising the content of that scheme;
(f)the requirements as to age, education, experience or any other matter to be satisfied by a person wishing to undertake the training scheme;
(g)the standards of skill and knowledge required to adequately perform the activities or tasks of the vocation which are to be obtained by an apprentice undertaking the training scheme;
(h)the credit to be given in the training scheme for any qualifications, training or experience that an apprentice undertaking the training scheme has prior to entry to that scheme.
(3)A determination may be made so as to apply, adopt or incorporate any matter contained in any document issued or published by any person or body.
(4)The Commission must cause a notice to be published in the Government Gazette of the making of a determination and setting out where copies of the approved training scheme can be obtained.
52.Schedule 3
(1)Schedule 3 has effect.
(2)A provision of a training agreement or an employment agreement or any other contract of employment to which an apprentice is a party is of no effect to the extent that it provides a term or condition of employment that is less favourable to the apprentice than one applicable under Schedule 3.
(3)An employer must not enter into, or purport to enter into a training agreement or an employment agreement or any other contract of employment with an apprentice that provides a term or condition of employment that is less favourable to the apprentice than one applicable under clause 6(1) of Schedule 3.
Penalty:100 penalty units.
(4)If a training agreement or an employment agreement or any other contract of employment to which an apprentice is a party does not at any time comply with a term or condition of employment applicable under clause 6(1) of Schedule 3, it must then, for the purposes of section 160 of the Long Service Leave Act 1992, be taken to have effect as if it did.
(5)A training agreement or an employment agreement or any other contract of employment entered into by an employer in contravention of sub-section (3) is not, for that reason only, illegal, void or unenforceable.
Division 3—Training Agreements
53.Employer must have Commission's approval to enter into a training agreement with an apprentice
(1)An employer must not employ a person under a training agreement unless the employer is approved by the Commission to do so.
Penalty:in the case of a natural person, 10 penalty units, or, in the case of a body corporate, 50 penalty units.
(2)In determining whether to approve an employer to employ a person under a training agreement the Commission must have regard to the employer's ability to comply with the training agreement and without limiting the generality of the foregoing to all or any of the following matters—
(a)the premises in which the person is to be employed;
(b)the equipment and methods to be used in training;
(c)whether any person whom the employer uses or proposes to use for the purpose of supervising the training of an apprentice under a training agreement—
(i)has the appropriate qualifications, knowledge and skill for that purpose; and
(ii)is otherwise a fit and proper person for that purpose;
(d)whether the employer is a fit and proper person for employing an apprentice.
(3)An approval under sub-section (1) may be given subject to conditions—
(a)limiting the number of apprentices that the employer may have in the employer's employment at any one time; and
(b)as to any other matters that the Commission thinks fit.
(4)The Commission may revoke an approval at any time and in any circumstances including those where a condition of the approval is breached.
54.Employer's obligations under a training agreement
(1)An employer who employs an apprentice under a training agreement—
(a)must ensure that the apprentice is trained in accordance with an approved training scheme; and
(b)must allow the apprentice to comply with the approved training scheme without hindrance if that scheme or any part of that scheme is conducted during normal working hours.
Penalty:For a natural person, 10 penalty units.
For a body corporate, 50 penalty units.
(2)If an apprentice under a training agreement attends a vocational education and training course provided by a registered training organisation in accordance with an approved training scheme during normal working hours, that attendance shall be deemed to be attendance at work for the purposes of any employment agreement or any other contract of employment.
55.Apprentice's obligations under a training agreement
An apprentice's obligations under a training agreement include the obligation to comply with the requirements of the approved training scheme.
56.General provisions about training agreements
(1)A training agreement must be in the form, and contain the particulars, approved by the Commission and must include an outline of the training to be provided to the apprentice.
(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.
(2)The parties to a training agreement are the employer, the apprentice and, if the apprentice is under 18 years, the parent or guardian of the apprentice.
(3)If an apprentice has no parent or guardian or no parent or guardian resident in Victoria and capable of acting, the Commission may approve a person to act instead of the parent or guardian.
(4)If an apprentice is under the age of 18 years and the Commission is satisfied that it is in the interests of the employer and the apprentice, the Commission may consent to the training agreement being executed by the employer and the apprentice only.
(5)The Commission must endorse its consent under sub-section (4) on the original training agreement and the endorsement has the effect of dispensing with the necessity of there being a parent or guardian as a party to the training agreement.
(6)The employer must arrange for—
(a)the training agreement to be executed by the parties and lodged with the Commission or a person or body nominated by the Commission within 14 days after the date of execution of the training agreement; and
(b)a copy of the training agreement to be given to the apprentice within 14 days after the date of execution of the training agreement; and
(c)the apprentice to be enrolled in a vocational education and training course provided by a registered training organisation, as required by the approved training scheme, within 3 months after the date of commencement of the training agreement; and
(d)an outline of the training to be signed by—
(i)the employer;
(ii)the apprentice; and
(iii)the registered training organisation;
(e)a copy of the outline of the training referred to in paragraph (d) to be lodged with the Commission, a person or body nominated by the Commission or an approved training agent within 3 months after the date of commencement of the training agreement.
57.Term of a training agreement
(1)The Commission may determine the term or terms or fix minimum or maximum terms of training agreements for any vocation or for any specified training agreement.
(2)If the Commission is satisfied that an apprentice has the knowledge and skills required under a training agreement it may reduce the term of the agreement.
(3)If the Commission is satisfied that an apprentice does not have the knowledge and skills required under a training agreement it may extend the term of the agreement.
58.Cancellation, suspension or variation of a training agreement
(1)The parties to a training agreement may by mutual consent—
(a)cancel the training agreement; or
(b)suspend the training agreement; or
(c)vary the provisions of the training agreement.
(2)The Commission may at any time order the cancellation or suspension of a training agreement if it is of the opinion that special circumstances make the cancellation or suspension desirable.
(3)The powers of the Commission under sub-section (2) are in addition to any other powers of the Commission under this Part.
(b)all debts, liabilities and obligations of the former authority existing immediately before that commencement become, by force of this sub-section debts, liabilities and obligations of the State Training Board; and
(c)the State Training Board is, by force of this sub-section, substituted as a party to any arrangement or contract entered into by or on behalf of the former authority and in force immediately before that commencement; and
(d)the State Training Board is by force of this sub-section substituted as a party to any proceedings pending in any court to which the former authority was a party immediately before that commencement; and
(e)any reference to the former authority in any Act or a subordinate instrument made under an Act or in any other document, must, so far as it relates to any period after that commencement and if not inconsistent with the context or subject-matter, be construed as a reference to the State Training Board.
(6)On the commencement of sub-section (4) any reference to the Chairman of the Technical and Further Education Board in any Act or subordinate instrument made under an Act or in any other document must, so far as it relates to the functions of the Chairman under Divisions 3 and 4 of Part III of the Post-Secondary Education Act 1978 and to any period after that commencement and if not inconsistent with the context or subject-matter, be construed as a reference to the General Manager.
(7)Any person who was, immediately before the commencement of sub-section (3), a member of the State Training Board established by Order in Council dated 17 November 1987 and published in the Government Gazette on 24 November 1987, becomes a corresponding member of the State Training Board for the remainder of the member's term of appointment.
* * * * *
97.Trades, apprenticeships and training agreements
On the commencement of this section—
(a)any trade which was, immediately before that commencement, proclaimed to be a trade under section 19 of the Industrial Training Act 1975 shall be deemed to be a declared vocation under section 49 and to have been specified as a trade under that section and any exclusion in that proclamation from the operation of section 22 or 41 of that Act shall be deemed to be an exclusion from section 50 or 54; and
(b)any indentures of apprenticeship in relation to which an apprentice is registered under the Industrial Training Act 1975 and in force immediately before that commencement shall be deemed to be a contract of training in relation to which the apprentice is deemed to be a trainee registered under section 69;
(c)any training agreement entered into under section 43 or 43A of the Industrial Training Act 1975 and in force immediately before that commencement shall be deemed to be a training agreement made pursuant to a training program approved under section 51 and in relation to which the trainee is registered under section 69.
* * * * *
Division 2—Further savings provisions
98.Vocational Education and Training (Training Framework) Act 1997
(1)A contract of training entered into and in force under Part 5 immediately before the commencement of section 10 of the Vocational Education and Training (Training Framework) Act 1997 is deemed to be a training agreement.
(2)An employer who obtained the permission of the Board to employ a person in a vocation under a contract of training or training agreement before the commencement of section 10 is deemed to have obtained the approval of the Board under section 53 to employ that person as an apprentice.
* * * * *
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.
* * * * *
__________________
SCHEDULES
SCHEDULE 1[5]
Box Hill Institute of Technical and Further Education
Central Gippsland Institute of Technical and Further Education
Chisholm Institute of Technical and Further Education
East Gippsland Institute of Technical and Further Education
Gordon Institute of Technical and Further Education[6]
Goulburn Ovens Institute of Technical and Further Education
Holmesglen Institute of Technical and Further Education
Kangan Batman Institute of Technical and Further Education
Bendigo Regional Institute of Technical and Further Education
Northern Melbourne Institute of Technical and Further Education
Southwest Institute of Technical and Further Education
Sunraysia Institute of Technical and Further Education
William Angliss Institute of Technical and Further Education
Wodonga Institute of Technical and Further Education
_______________
SCHEDULE 2
EMPLOYMENT OF STAFF
PART 1—GENERAL
* * * * *
2.Superannuation
(1)A person who, immediately before being employed under section 34A or being employed in the TAFE division of a university with a TAFE division was a contributor to or member of a superannuation fund or arrangement established by the State Superannuation Act 1988 continues, subject to that Act, to be a contributor to or member of that fund or arrangement for so long as he or she is employed under section 34A or employed in the TAFE division of one of those universities.
(2)The terms and conditions of a superannuation fund or arrangement to which a person continues to contribute or of which he or she continues to be a member by virtue of sub-clause (1) apply to that person, for so long as he or she is employed under section 34A or employed in a TAFE division of a university with a TAFE division as if there had been no change of employer.
PART 2—EXECUTIVE OFFICERS
* * * * *
4.Contracts for executive officers
The employment of an executive officer shall be governed by a contract of employment between the officer and his or her employer.
5.Contracts to be in writing
(1)The contract must be in writing and be signed by or on behalf of the employer and the officer.
(2)The parties to a contract must not include a right of return to the public sector in that contract.
6.Termination of contracts
A contract of employment of an executive officer may be terminated by either party to the contract giving to the other party the period of notice of termination required by Part 6 of Schedule 1 to the Employee Relations Act 1992.
7.Contracts for incumbent officers
An executive officer who was appointed to a position before it was declared under section 6B to be part of the management staff of a TAFE college or a TAFE division of a university may elect to enter into a contract of employment for the position at any time up until 3 months after the date on which it was declared to be part of the management staff. After that time the officer cannot enter into a contract of employment for that position.
8.Certain positions not required to be advertised
An executive officer who elects within the period specified in clause 7 to enter into a contract of employment for that position is entitled to be offered a contract for that position without the position being advertised.
9.Continuity in position
If a position has been declared to be part of the management staff of a TAFE college or the TAFE division of a university, the person (if any) holding that position is to continue to hold it until the position otherwise becomes vacant even if he or she does not elect to enter into a contract of employment for that position.
10.Continuing terms and conditions of employment
While a person continues to hold a position under clause 9 without having entered into a contract of employment for it the terms and conditions of employment of the person are to be the same as those which applied to the person immediately before the position was declared to be part of the management staff of a TAFE college or the TAFE division of a university. That person continues to have the benefit of all rights that have accrued or are accruing to him or her under those terms and conditions.
11.Performance allowances cease if no contract
An executive officer who continues to hold a position in the circumstances set out in clause 10 ceases to be entitled to any performance related incentive payment provided for under the terms and conditions applicable under that clause.
12.TAFE directors who do not enter into contracts
Despite clause 9, the director of a TAFE college or the TAFE division of a university, who has not elected to enter into a contract of employment before the end of the period specified in clause 7—
(a)ceases to hold the position of director; and
(b)is entitled to be employed under the same terms and conditions of employment as applied to the position of that director immediately before the position was declared to be part of the management staff; and
(c)is not entitled to receive any performance related incentive payment provided for in the terms and conditions referred to in paragraph (b).
13.Superannuation
(1)The Superannuation (Public Sector) Act 1992 applies to an executive officer who is a member of a statutory superannuation scheme within the meaning of Part 2 of that Act as if—
(a)any reference to Part 3, Division 5 of the Public Administration Act 2004 were a reference to this Schedule;
(b)any reference to an employer were a reference to—
(i)in the case of staff of a TAFE college, the council of the college; and
(ii)in the case of staff of the TAFE division of a university, the council of that university.
_______________
SCHEDULE 3
STATE TRAINING WAGE PROVISIONS
1.Definitions
In this Schedule—
"approved training" means training undertaken (both on or off the job) under an approved training scheme;
* * * * *
"training agreement" means a training agreement entered into pursuant to an approved training scheme.
2.Application
(1)Subject to sub-clause (3), this Schedule applies with respect to any training agreement entered into after the commencement of the Vocational Education and Training (State Training Wage) Act 1994.
(2)Subject to sub-clause (3), this Schedule also applies with respect to any training agreement entered into before the commencement of the Vocational Education and Training (State Training Wage) Act 1994 if the parties to that agreement agree that it is to apply.
(3)The Commission may, by notice published in the Government Gazette, declare any class of training agreement to be a class of training agreement to which this Schedule does not apply.
* * * * *
3.Objective
The objective of this Schedule is to assist in the establishment of a system of apprenticeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of apprentices, particularly young people and the long term unemployed. The system is neither designed nor intended for those who are already trained and job ready. It is not intended that existing employees shall be displaced from employment by apprentices.
4.Training conditions
(1)The apprentice must perform his or her duties under the training agreement and the approved training scheme.
(2)The employer must during the duration of the training agreement provide a level of supervision that is in accordance with that agreement and the approved training scheme.
(3)Training must be directed at enabling the apprentice to attain the standards of skill and knowledge required by the approved training scheme to be attained by persons undertaking the scheme.
5.Employment conditions
* * * * *
(2)An employer must not terminate the employment of an apprentice without having provided written notice of termination in accordance with the training agreement—
(a)to the apprentice, before the termination; and
(b)to the Commission, within 5 working days after the termination.
(3)An employer who decides not to continue the employment of an apprentice on the completion of the approved training scheme must notify the Commission in writing of that decision.
(4)If the employment of an apprentice is continued after the completion of the approved training scheme, that period of training must be regarded as service with the employer for the purposes of any provision made by or under any Act conferring entitlements on an employee having regard to his or her period of service.
(5)A training agreement may restrict the circumstances under which an apprentice may work overtime or shiftwork in order to ensure that the approved training scheme is satisfactorily completed.
(6)An apprentice must not work shiftwork unless the apprentice and the employer have agreed that satisfactory provision is made for approved training under the relevant approved training scheme. Training for shiftwork employees may be applied over a cycle in excess of a week but must average over the relevant period no less than the amount of training required for non-shiftwork apprentices.
(7)Without limiting the application to the apprentice of the provisions referred to in clause 7(1), an apprentice who fails to complete the approved training scheme or who cannot for any reason be placed in full-time employment with the employer on satisfactory completion of the approved training scheme is not entitled to any severance payment payable under any termination, change and redundancy provisions or any similar provisions.
6.Wages
(1)The weekly wages payable to apprentices shall be as provided by the National Training Wage Interim Award 1994 made by the Australian Industrial Relations Commission as varied from time to time.
(2)For the purposes of applying sub-clause (1) the appropriate industry/skill level in relation to an apprentice is as specified in the relevant determination made by the Commission under section 51(1).
* * * * *
═══════════════
ENDNOTES
1. General Information
Minister's second reading speech—
Legislative Assembly: 5 April 1990
Legislative Council: 17 May 1990
The long title for the Bill for this Act was "A Bill to establish a State Training System in Victoria and to amend the Post-Secondary Education Act 1978, to amend the Employment and Training Act 1981 and to repeal the Industrial Training Act 1975 and for other purposes.".
The Vocational Education and Training Act 1990 was assented to on 19 June 1990 and came into operation as follows:
Parts 1, 2, 4, sections 72, 95(1)(3)(5)(7), Part 8 on 1 July 1990: Government Gazette 27 June 1990 page 1926; Parts 3, 6 (except sections 80–84), Part 7, sections 95(4)(6), 96, Division 2 of Part 9 (except section 98(3)(f)(ii)), sections 118, 119 and the Schedule on 31 January 1991 by virtue of the Interpretation of Legislation Act 1984—see Government Gazette 19 December 1990 page 3745: Special Gazette (No. 9) 31 January 1991 page 3 and section 76 of Act No. 62/1994;
Sections 80–84 on 1 March 1991: Government Gazette 19 December 1990 page 3745 and Special Gazette (No. 9) 31 January 1991 page 3; sections
46–71, 95(2), 97, Division 3 of Part 9, sections 108–117, 120 on 1 July 1991: Government Gazette 19 December 1990 page 3745 and Special Gazette (No. 9) 31 January 1991 page 3.
Section 98(3)(f)(ii) was repealed and never proclaimed.
2. Table of Amendments
This Version incorporates amendments made to the Vocational Education and Training Act 1990 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Victoria University of Technology Act 1990, No. 21/1990
Assent Date: 30.5.90 Commencement Date: S. 71(1) on 1.7.90: Government Gazette 24.6.90 p. 1862; s. 71(2)(b) on 30.1.92: Government Gazette 29.1.92 p. 178 CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Adult, Community and Further Education Act 1991, No. 91/1991
Assent Date: 10.12.91 Commencement Date: 19.3.92: Special Gazette (No. 4) 18.3.92 p. 1 CurrentState: All of Act in operation
Swinburne University of Technology Act 1992, No. 44/1992
Assent Date: 23.6.92 Commencement Date: 1.7.92: Government Gazette 1.7.92 p. 1628 CurrentState: All of Act in operation
Royal Melbourne Institute of Technology Act 1992, No. 45/1992
Assent Date: 23.6.92 Commencement Date: 1.7.92: Government Gazette 1.7.92 p. 1626 CurrentState: All of Act in operation
Melbourne University (VCAH) Act 1992, No. 52/1992
Assent Date: 30.6.92 Commencement Date: S. 19 on 1.7.92: Government Gazette 1.7.92 p. 1628 CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Employee Relations Act 1992, No. 83/1992
Assent Date: 24.11.92 Commencement Date: S. 184(Sch. 6 item 22) on 1.3.93: Special Gazette (No. 63) 27.11.92 p. 1 CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Vocational Education and Training (College Employment) Act 1993, No. 14/1993
Assent Date: 11.5.93 Commencement Date: Ss 1, 2 on 11.5.93: s. 2(1); rest of Act on 1.7.93: s. 2(2) CurrentState: All of Act in operation
Tertiary Education Act 1993 No. 18/1993 (as amended by Act No. 59/1994)
Assent Date: 18.5.93 Commencement Date: Ss 1, 2 on 18.5.93: s. 2(1); s. 24 on 7.6.93; rest of Act on 1.7.93: Government Gazette 3.6.93 p. 1414 CurrentState: All of Act in operation
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date: 31.5.94 Commencement Date: S. 3(Sch. 1 item 63) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984 CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Vocational Education and Training (Amendment) Act 1994, No. 62/1994
Assent Date: 15.6.94 Commencement Date: Ss 1–3 on 15.6.94: s. 2(1): s. 77 on 30.6.94; rest of Act (except ss 13, 14, 51–68) on 1.7.94; ss 51–58 on 1.8.94; ss 59–68 on 1.12.94: Government Gazette 23.6.94 p. 1671; ss 13, 14 on 15.9.94: Government Gazette 15.9.94 p. 2472 CurrentState: All of Act in operation
Employee Relations (Amendment) Act 1994, No. 82/1994
Assent Date: 29.11.94 Commencement Date: S. 13(Sch. 2 item 10) on 11.5.95: Government Gazette 11.5.95 p. 1093—see Interpretation of Legislation Act 1984 CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Vocational Education and Training (State Training Wage) Act 1994, No. 106/1994
Assent Date: 13.12.94 Commencement Date: 13.12.94: s. 2 CurrentState: All of Act in operation
Equal Opportunity Act 1995, No. 42/1995
Assent Date: 14.6.95 Commencement Date: S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 47 on 1.1.96: Government Gazette 21.12.95 p. 3571 CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Vocational Education and Training (Amendment) Act 1995, No. 85/1995
Assent Date: 28.11.95 Commencement Date: 28.11.95 CurrentState: All of Act in operation
Legal Practice Act 1996, No. 35/1996
Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 item 88) on 1.1.97: s. 2(3) CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Commonwealth Powers (Industrial Relations) Act 1996, No. 59/1996
Assent Date: 12.12.96 Commencement Date: Pt 6 (s. 13), s. 10(Sch. 2 item 24) on 1.1.97: Special Gazette (No. 146) 23.12.96 p. 15 CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Melbourne University (VCAH) Act 1997, No. 9/1997
Assent Date: 29.4.97 Commencement Date: S. 14 on 1.7.97: s. 2(2) CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
University of Ballarat (Amendment) Act 1997, No. 79/1997
Assent Date: 25.11.97 Commencement Date: S. 19 on 1.1.98: s. 2(2) CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Vocational Education and Training (Training Framework) Act 1997, No. 80/1997
Assent Date: 25.11.97 Commencement Date: Ss 6, 8, 34(1) on 25.11.97: s. 2(1); ss 3–5, 7, 9–33, 34(2)–36 on 1.1.98: Government Gazette 18.12.97 p. 3614 CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Audit (Amendment) Act 1997, No. 93/1997
Assent Date: 16.12.97 Commencement Date: S. 28(Sch. item 33) on 1.7.98: s. 2(2) CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 104) on 1.7.98: Government Gazette 18.6.98 p. 1512 CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Audit (Amendment) Act 1999, No. 53/1999
Assent Date: 14.12.99 Commencement Date: S. 26(Sch. item 26) on 1.1.00: Government Gazette 23.12.99 p. 2764 CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Vocational Education and Training (Council Membership) Act 2000, No. 25/2000
Assent Date: 16.5.00 Commencement Date: 17.5.00: s. 2 CurrentState: All of Act in operation
Statute Law Revision Act 2000, No. 74/2000
Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 142) on 17.5.00: s. 2(2)(za) CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Victorian Qualifications Authority Act 2000, No. 97/2000
Assent Date: 5.12.00 Commencement Date: 1.3.01: Government Gazette 1.3.01 p. 304 CurrentState: All of Act in operation
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 126) on 15.7.01: s. 2 CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Statute Law (Further Revision) Act 2002, No. 11/2002
Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 65) on 24.4.02: s. 2(1) CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Vocational Education and Training (TAFE Qualifications) Act 2003, No. 27/2003
Assent Date: 13.5.03 Commencement Date: Ss 3, 4, 6(2) on 30.6.03: s. 2 CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Victorian Qualifications Authority (National Registration) Act 2004, No. 27/2004
Assent Date: 25.5.04 Commencement Date: S. 15 on 1.7.04: Government Gazette 1.7.04 p. 1843 CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 231) on 5.4.05: Government Gazette 31.3.05 p. 602 CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Statute Law Revision Act 2005, No. 10/2005
Assent Date: 27.4.05 Commencement Date: S. 3(Sch. 1 item 25) on 28.4.05: s. 2 CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Higher Education Acts (Amendment) Act 2005, No. 40/2005
Assent Date: 27.7.05 Commencement Date: S. 129(4) on 9.8.05: Special Gazette (No. 148) 9.8.05 p. 1 CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 115) on 11.10.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Vocational Education and Training Act 1990
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Government Gazette 27 February 1991 page 442
Government Gazette 31 July 1991 page 2151
Government Gazette 8 January 1992 page 38
Government Gazette 23 December 1992 page 3904
Special Gazette
(No. 46) 29 June 1993 page 9
Government Gazette 2 December 1993 page 3239
Special Gazette
(No. 95) 21 December 1993 page 3
Special Gazette
(No. 18) 18 April 1994 page 1
Government Gazette 8 December 1994 page 3264
Government Gazette 22 December 1994 pages 3485, 3486
Government Gazette 13 April 1995 pages 896, 897
Government Gazette 8 June 1995 page 1389
Government Gazette 20 July 1995 pages 1864, 1865
Special Gazette
(No. 77) 4 August 1995 page 1
Government Gazette 10 August 1995 page 2106
Government Gazette 28 September 1995 page 2776
Special Gazette
(No. 109) 1 November 1995 page 1
Government Gazette 2 November 1995 page 3084
Government Gazette 21 December 1995 page 3658
Government Gazette 12 September 1996 pages 2432, 2433
Government Gazette 8 May 1997 page 1044
Government Gazette 5 June 1997 page 1317
Government Gazette 18 June 1998 pages 1532–1536
Government Gazette 25 June 1998 pages 1657, 1658
Government Gazette 24 December 1998 page 3261
Government Gazette 18 April 2002 pages 732, 733
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3. Explanatory Details
[1] S. 13: Section 13(2)(3) of the Vocational Education and Training (Amendment) Act 1994, No. 62/1994 reads as follows:
13.Members of the Board and savings
(2)On the commencement of this section the members of the State Training Board go out of office.
(3)Despite the commencement of this section, the State Training Board as it is constituted after the commencement of sub-section (1) is deemed to be the same body as the State Training Board as it was constituted immediately before that commencement.
[2] S. 19: Section 15(2) of the Vocational Education and Training (Amendment) Act 1994, No. 62/1994 reads as follows:
15.New section 19 substituted and transitional
(2)On and from the commencement of this section, in—
(a)an Act; or
(b)a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984; or
(c)any document whatever—
a reference to the General Manager of the Board (whether reconstrued by Order under the Administrative Arrangements Act 1983 to be a reference to the Secretary to the Department of Education or not) is, in relation to any period occurring on or after that date of commencement, and unless inconsistent with the context or subject matter, to be taken to be a reference to the Director of the Board.
[3] S. 28: Section 19(2)(3) of the Vocational Education and Training (Amendment) Act 1994, No. 62/1994 reads as follows:
19.New section 28 substituted and transitional
(2)Despite the commencement of this section—
(a)an Order in Council made under section 24 of the Principal Act which was in force immediately before that commencement continues in operation until it is remade in accordance with sub-section (3); and
(b)a person who was a member of the council of a TAFE college immediately before that commencement continues to be a member of that council subject to the Principal Act and the Order in Council continued under paragraph (a) until the Order in Council is remade in accordance with sub-section (3);
(c)a council incorporated by an Order referred to in paragraph (a) is deemed to be the same body after that commencement as it was immediately before that commencement.
(3)The Minister must ensure that within 12 months after the commencement of this section or within any further period fixed by the Minister in respect of a particular council, every Order in Council continued in operation by sub-section (1) is reviewed and remade.
[4] Pt 6 (repealed): Section 36 of the Victorian Qualifications Authority Act 2000, No. 97/2000 reads as follows:
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.
[5] Schedule: amended by GGs 27.2.91 p. 442, 31.7.91 p. 2151, 8.1.92 p. 38, Nos 21/1990 s. 71(2)(b), 44/1992 s. 69(f)(i)(ii), 45/1992 s. 65(e), GG 23.12.92 p. 3904, SG (No. 46) 29.6.93 p. 9, Sch. re‑numbered as Sch. 1 by No. 14/1993 s. 12(2)(b), amended by GG 2.12.93 p. 3239, SG (No. 95) 21.12.93 p. 3, SG (No. 18) 18.4.94 p. 1, GGs 8.12.94 p. 3264, 22.12.94 pp 3485, 3486, 13.4.95 pp 896, 897, 8.6.95 p. 1389, 20.7.95 pp 1864, 1865, SG (No. 77) 4.8.95 p. 1, GGs 10.8.95 p. 2106, 28.9.95 p. 2776, SG (No. 109) 1.11.95 p. 1, GGs 2.11.95 p. 3084, 21.12.95 p. 3658, 12.9.96 pp 2432, 2433, 8.5.97 p. 1044, 5.6.97 p. 1317, No. 79/1997 s. 19(3), GGs 18.6.98 pp 1532–1536, 25.6.98 pp 1657, 1658, 24.12.98 p. 3261, 18.4.02 pp 732, 733.
[6] Schedule 1 (Gordon Technical College): Section 74 of the Vocational Education and Training (Amendment) Act 1994, No. 62/1994 reads as follows:
74.Gordon Technical College
(1)The Gordon Technical College Act 1976 is repealed.
(2)On the commencement of sub-section (1)—
(a)Gordon Technical College continues to be a TAFE college as if it had been created under section 23 of the Principal Act;
(b)the Order in Council made under section 4 of the Gordon Technical College Act 1976 on 25 January 1984 and published in the Government Gazette on 11 February 1984 continues in operation as if it had been made under section 24 of the Principal Act; and
(c)the Council of the Gordon Technical College incorporated under section 4 of the Gordon Technical College Act 1976 is deemed to be a council incorporated under section 24 of the Principal Act.
(3)Despite the repeal of section 6(3) of the Gordon Technical College Act 1976, the lands the subject of Crown Grant volume 4976 folium 995194 permanently reserved as a site for the Gordon Technical College by section 6(3) continue to be permanently reserved as if they were so reserved under section 4 of the Crown Lands (Reserves) Act 1978.
(4)The Minister must, within 12 months or any further period fixed by the Minister, ensure that the Order in Council referred to in sub-section (2)(b) is reviewed and remade.
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