Vocational Education and Training (Colleges) Amendment Regulations 2019 (WA)

22 October 2019 GOVERNMENT GAZETTE, WA 3729

TRAINING

TA301

Vocational Education and Training Act 1996

Vocational Education and Training (Colleges)

Amendment Regulations 2019

(Colleges) Regulations 1996.

Made by the Governor in Executive Council.

1.   Citation

These regulations are the Vocational Education and Training

(Colleges) Amendment Regulations 2019.

2. Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3. Regulations amended

These regulations amend the Vocational Education and Training

3730 GOVERNMENT GAZETTE, WA 22 October 2019

4.           Regulation 3 amended

In regulation 3(1) in the definition of concession-eligible course:

(a)	in paragraph (c) delete "course;" and insert: course; or
(b)	after paragraph (c) insert:
(d) a category 5 course;

5. Regulation 4 amended
In regulation 4(2):

(a)	in paragraph (b)(ii) delete "traineeships;" and insert:
traineeships, but are not courses to which targeted fee relief should apply;
(b)	in paragraph (c)(ii) delete "training;" and insert:
training, but are not courses to which targeted fee relief should apply;
(c)	in paragraph (d)(ii) delete "employment." and insert: employment;
(d)	after paragraph (d) insert:
(e) category 5 is to consist of courses that -

(i)     are approved VET courses or result in the conferral of a prescribed VET qualification of one of the following types - Certificate I, II, III or N; and

(ii)

the chief executive determines are should apply.

6.           Regulation 5 amended

In regulation 5 in the definition of course delete "2 or 3" and insert:

2, 3 or 5

22 October 2019 GOVERNMENT GAZETTE, WA 3731

7.           Regulation 11 amended

In regulation 11(1):

(a) delete "2018 or 2019," and insert:

2019 or 2020,

(b)	delete paragraph (a) and insert:
(a) if only one unit is to be commenced - the relevant fee determined in accordance with Schedule 1 item 2, 2A, 3, 4, 5 or 6 (the unit fee);

Note: The heading to amended regulation 11 is to read:

Course fees for 2019 and 2020: Schedule 1

8. Regulation 12 replaced
Delete regulation 12 and insert:

12.          Annual course fee caps

(1) In this regulation -
concessional or youth student means a person who -

(a)	is, under regulation 20(2) or 21, entitled to the concessional rate of course fee; or
(b)	has reached 15 years of age but has not reached the end of the calendar year in which they reached 25 years of age;

specified course means a course that, if successfully
completed, would result in the conferral of a prescribed

VET qualification of a Diploma or Advanced Diploma;

unen rolled secondary school aged person means a

secondary school aged person who is not enrolled at
school.

(2)	In this regulation, a student is enrolled in a course if the student enrols in one, or more than one, unit of that course.
(3)	The fee caps set out in this regulation apply despite the operation of regulation 11(1).
(4)	For a student who is not a secondary school aged person, the maximum amount of course fee payable for a year referred to in regulation 11(1) for each specified course in which the student is enrolled is $7 860.
(5)	For a student who is not a concessional or youth student, the maximum amount of course fee payable for 2020 for each category 5 course in which the student is enrolled is $1200.

3732 GOVERNMENT GAZETTE, WA 22 October 2019

(6)	Subject to subregulation (7) in the case of an unenrolled secondary school aged person, for a student who is a concessional or youth student, the maximum amount of course fee payable for 2020 for each category 5 course in which the student is enrolled is $400.
(7)	For a student who is an unenrolled secondary school aged person, the maximum amount of course fee payable for a year referred to in regulation 11(1) is $420 in total across all courses in which the student is enrolled in that calendar year.

9.            Regulation 13 amended

In regulation 13(2) delete "2 or 3" and insert:

2, 3 or 5

10.          Regulation 15A amended

(1)	Delete regulation 15A(4) and insert:
(4) In this regulation - Australian resident means a person who -

(a) is an Australian citizen within the meaning of the Australian Citizenship Act 2007 (Commonwealth); or

(b) holds—

(i)     a permanent visa within the meaning of the Migration Act 1958

(Commonwealth); or

(ii)     a visa of subclass 309, 444, 785, 790, 820 or 826; or

(iii) received a letter from the Department of
State of the Commonwealth assisting in
the administration of the Migration
Act 1958 (Commonwealth)

a visa of subclass 050 or 051 and has a valid application for a visa of subclass 785 or 790; or

(iv)     a visa of subclass 457, other than a person who satisfied the primary criteria for that subclass of visa;

visa has the meaning given in the Migration Act 1958
(Commonwealth) section 5(1).

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(2) After regulation 15A(4) insert:

(5)	Despite the amendments made by the Vocational
Education and Training (Colleges) Amendment
Regulations 2019 regulation 10(1) (the amending
regulation), this regulation, as in force immediately
before the amending regulation came into operation, continues to apply in relation to the course fee payable for any student for 2019.

11.         Schedule 1 amended

In Schedule 1 after item 5 insert:

6.             Category 5 course —

(a) for a student who is not a concessional

student 1 62

(b) for a concessional student 0.48

M. INGLIS, Clerk of the Executive Council.