Vocational Education and Training (Colleges) Amendment Regulations (No 2) 2020 (WA)

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30 June 2020 GOVERNMENT GAZETTE, WA 2285

Vocational Education and Training Act 1996

Vocational Education and Training (Colleges)

Amendment Regulations (No. 2) 2020

SL 2020/109

Made by the Governor in Executive Council.
1. Citation

These regulations are the Vocational Education and Training
(Colleges) Amendment Regulations (No. 2)2020.

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

and reclassification

These regulations amend the Vocational Education and Training
(Colleges) Regulations 1996.

4. Part 2 heading amended
In the heading to Part 2 after "Classification" insert:

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GOVERNMENT GAZETTE, WA

30 June 2020

Vocational Education and Training (Colleges) Amendment Regulations
(No. 2) 2020
r. 5
5. Regulation 4 amended

(1) Delete regulation 4(2) and insert:

(2) In the instrument referred to in subregulation (1) the
courses provided by colleges are to be classified as
follows -

(a) category 1 is to consist of courses that the chief
executive determines are -

(i)
priorities for industry training, general industry training; and
(ii) courses to which a higher fee should apply;

(b)

category 2 is to consist of courses that the chief executive determines are -

(i) priorities for industry training,
apprenticeships or traineeships; but
(ii) not courses to which a higher fee, targeted fee relief or no fee should apply;

(c) category 3 is to consist of courses that the chief
executive determines are -

(i) for general industry training; but
(ii) not courses to which a higher fee, targeted fee relief or no fee should apply;

(d) category 4 is to consist of courses that the chief
executive determines are -

(i) foundation skills training; or
intended to promote equality of
opportunity in gaining access to

30 June 2020 GOVERNMENT GAZETTE, WA 2287
Vocational Education and Training (Colleges) Amendment Regulations
(No. 2) 2020

r. 6

vocational education and training or
employment;

(e)

category 5 is to consist of courses that the chief executive determines are courses to which targeted fee relief should apply;

(f)

category 6 is to consist of courses that the chief executive determines are courses to which no fee should apply.

(2) Delete regulation 4(3A).

6. Regulation 4A inserted
At the end of Part 2 insert:

4A. Reclassification of courses

(1) Without limiting regulation 4(3), the chief executive
may by instrument issued to all colleges amend an
instrument issued under regulation 4(1) to reclassify
courses provided by colleges into a different category.
(2) Subregulations (3) to (7) apply if the chief executive
amends an instrument under subregulation (1).
(3)

Subject to subregulation (5), the reclassification of a

course does not affect the course fees payable for units of the course commenced before the day on which the amendment takes effect (amendment day).
(4) If a course is reclassified as a category 5 course, the
course fee caps in regulation 12(5) and (6) apply only
in relation to the course fees payable for units of the
course commenced on or after amendment day.
(5) If a category 5 course is reclassified, the course fee
caps in regulation 12(5) and (6) apply only in relation

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GOVERNMENT GAZETTE, WA

30 June 2020

Vocational Education and Training (Colleges) Amendment Regulations
(No. 2) 2020
r. 7
to the course fees payable for units of the course
commenced before amendment day.

(6) If, before amendment day, a person paid an amount of
course fees that includes an amount for units
commenced on or after amendment day and that,
because of the reclassification of a course, exceeds the
amount of course fees payable by the person, the
person is entitled to a refund of the difference between
the amount paid and the amount payable.
(7) If, before amendment day, a person paid an amount of
course fees that includes an amount for units
commenced on or after amendment day and that,
because of the reclassification of a course, is less than
the amount of course fees payable by the person, the
person must pay the difference between the amount
paid and the amount payable.

7. Regulation 17 amended
In regulation 17(2)(b)(i) delete "Division 2" and insert:
Division 2, including any amount payable under regulation 4A(7),

R. NEILSON, Clerk of the Executive Council.

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Vocational Education and Training (Colleges) Amendment Regulations (No 2) 2020 (WA)

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(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.

(i)	for general industry training; but
(ii)	not courses to which a higher fee, targeted fee relief or no fee should apply;

(e)	category 5 is to consist of courses that the chief executive determines are courses to which targeted fee relief should apply;
(f)	category 6 is to consist of courses that the chief executive determines are courses to which no fee should apply.

(6)	If, before amendment day, a person paid an amount of
course fees that includes an amount for units commenced on or after amendment day and that, because of the reclassification of a course, exceeds the amount of course fees payable by the person, the person is entitled to a refund of the difference between the amount paid and the amount payable.
(7)	If, before amendment day, a person paid an amount of
course fees that includes an amount for units commenced on or after amendment day and that, because of the reclassification of a course, is less than the amount of course fees payable by the person, the person must pay the difference between the amount paid and the amount payable.