Vocational Education, Training and Employment Amendment Regulation (No. 1) 1999 (Qld)

Queensland Subordinate Legislation 1999 No. 132 Vocational Education, Training and Employment Act 1991 VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT AMENDMENT REGULATION (No. 1) 1999 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Insertion of new s 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of pt 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Amendment of s 10 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Insertion of new pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 4—PROVISIONS FOR AUSTRALIAN RECOGNITION FRAMEWORK 38 Accreditation Council is State recognition authority for Australian Recognition Framework. . . . . . . . . . . . . . . . . . . . . . . . . . . 4 39 Certain applications under the framework . . . . . . . . . . . . . . . . . . . . . 4 40 How to apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 41 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 42 Term of registration, status or training product accreditation . . . . . 6 43 Renewal of registration or status before expiry . . . . . . . . . . . . . . . . . 7 44 Continuation of registration or status after expiry if application made in time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Vocational Education, Training and Employment Amendment (No. 1) No. 132, 1999 45 Cancellation or suspension of registration, status or part of scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 46 Delegation of powers of Accreditation Council under the framework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 47 Copy of text to accompany notification to Accreditation Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 48 Compliance audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 49 Awards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 50 Fees for framework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 51 Transitional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 9 Amendment of schedule (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 4—AUSTRALIAN RECOGNITION FRAMEWORK 10 Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 SCHEDULE 2 DICTIONARY

s1 3 s6 Vocational Education, Training and Employment Amendment (No. 1) No. 132, 1999 ˙ Short title 1. This rule may be cited as the Vocational Education, Training and Employment Amendment Regulation (No. 1) 1999 . ˙ Commencement 2. This regulation commences on 1 July 1999. ˙ Regulation amended 3. This regulation amends the VocationalEducation,TrainingandEmployment Regulation 1991 . ˙ Amendment of s 3 (Definitions) 4.(1) Section 3, definitions ‘ “ACE course” ’ to ‘ “tuition fee” ’— relocate to schedule 2, part 1, as inserted by this regulation. (2) Section 3— omit . ˙ Insertion of new s 3 5. After section 2— insert — ˙ ‘ Definitions ‘ 3. The dictionary in schedule 2 defines particular words used in this regulation.’. ˙ Amendment of pt 2 hdg 6. Part 2, heading— omit, insert —

s7 4 s8 Vocational Education, Training and Employment Amendment (No. 1) No. 132, 1999 ‘ PART 2—FEES OTHER THAN FOR THE AUSTRALIAN RECOGNITION FRAMEWORK ’. ˙ Amendment of s 10 (Fees) 7. Section 10, from ‘ Fees ’ to ‘it mentions.’— omit, insert — ‘ Fees for State college services and other services ‘ 10.(1) The fees payable under the Act, other than for the Australian Recognition Framework, are in schedule 1, parts 1 to 3.’. ˙ Insertion of new pt 4 8. After section 37— insert — ‘ PART 4—PROVISIONS FOR AUSTRALIAN RECOGNITION FRAMEWORK ˙ ‘ Accreditation Council is State recognition authority for Australian Recognition Framework. ‘ 38. The Accreditation Council is the recognition authority for Queensland under the Australian Recognition Framework. 1 ˙ ‘ Certain applications under the framework ‘ 39.(1) An organisation may apply for registration as a registered training organisation within a stated scope. ‘ (2) A registered training organisation may apply to extend its scope of registration— 1 More information about the Australian Recognition Framework is available from the department’s office at 30 Mary Street, Brisbane, its regional offices and on its website at s8 5 s8 Vocational Education, Training and Employment Amendment (No. 1) No. 132, 1999 (a) from skill recognition services to training delivery; or (b) to add 1 or more vocational training areas; or (c) to raise the level of the highest qualification that may be awarded in a particular vocational training area. ‘ (3) An organisation may apply for quality endorsed status within a stated scope, with or without a delegation under section 46. 2 ‘ (4) An organisation may apply for renewal of its registration or quality endorsed status under section 43. ‘ (5) A person or organisation may apply for— (a) accreditation of a training product that leads to a qualification or statement of attainment and is required under the framework to comply with the national accreditation principles; or (b) approval of proposed changes to an accredited training product. ˙ ‘ How to apply ‘ 40.(1) An application under section 39 must be made in the approved form to the Accreditation Council. 3 ‘ (2) The approved form of application for registration as a training organisation or for quality endorsed status must state that— (a) a registered training organisation, or an organisation with quality endorsed status, is subject to audit for compliance with the framework; and (b) fees are payable under this regulation for a compliance audit— (i) in response to a failure to submit an annual report for the framework to the Accreditation Council; or (ii) in response to substantial concerns, by the Accreditation Council, of non-compliance with requirements under the framework, if the audit substantiates the non-compliance; or 2 Section 46 (Delegation of powers of Accreditation Council under the framework) 3 For the fees see section 50 and schedule 1, part 4.

s8 6 s8 Vocational Education, Training and Employment Amendment (No. 1) No. 132, 1999 (iii) in certain cases, if the audit substantiates a complaint; or (iv) done outside Australia. ‘ (3) The Accreditation Council may— (a) require the applicant to give the Accreditation Council any additional information the Accreditation Council reasonably needs to decide the application; and (b) refuse to consider the application until the applicant gives the required information. ˙ ‘ Decision on application ‘ 41.(1) The Accreditation Council may— (a) grant or refuse an application made under section 39; 4 or (b) grant the application with an adjusted scope. ‘ (2) An application may be granted on conditions. ‘ (3) If the Accreditation Council grants the application, it must give the applicant an appropriate certificate. ‘ (4) Subsection (3) does not apply to an application for approval of proposed changes to an accredited training product. ‘ (5) If the application is refused, the Accreditation Council must give the person written notice of the reasons for refusal. ˙ ‘ Term of registration, status or training product accreditation ‘ 42.(1) Registration as a registered training organisation is for 5 years. ‘ (2) Quality endorsed status is for 3 years. ‘ (3) Accreditation of a training product may be granted for the term, decided by Accreditation Council, of up to 5 years. 4 Section 39 (Certain applications under the framework)

s8 7 s8 Vocational Education, Training and Employment Amendment (No. 1) No. 132, 1999 ˙ ‘ Renewal of registration or status before expiry ‘ 43.(1) The Accreditation Council may renew an organisation’s registration or quality endorsed status on application made at least 3 months before the day the registration or status expires. 5 ‘ (2) An organisation’s registration or status may be renewed only if the Accreditation Council is satisfied the organisation would be granted the registration or the status if it were to be applied for afresh. ‘ (3) A renewal is for the same term as the original registration or status. ‘ (4) Despite subsections (1) and (2), a registration or status may be renewed even though renewal was not applied for at least 3 months before the expiry day, if the Accreditation Council has decided the application before the expiry day. ˙ ‘ Continuation of registration or status after expiry if application made in time ‘ 44.(1) This section applies if— (a) a registered training organisation or an organisation with quality endorsed status applies for renewal of its registration or status at least 3 months before the day the registration or status expires; and (b) the Accreditation Council has not, before the expiry day, decided whether to renew the registration or status. ‘ (2) The registration or status continues until the day the applicant is given notice of the decision. ‘ (3) If the registration or status is renewed, renewal runs from the day the registration or status would have expired but for this section. ˙ ‘ Cancellation or suspension of registration, status or part of scope ‘ 45.(1) The Accreditation Council may cancel or suspend an organisation’s registration or quality endorsed status, or part of the scope of 5 See section 40 (How to apply)

s8 8 s8 Vocational Education, Training and Employment Amendment (No. 1) No. 132, 1999 its registration or status, if the Accreditation Council is satisfied the organisation— (a) was granted the registration or status in error or because of false or misleading information; or (b) has failed substantially to comply with the requirements under the framework applying to the organisation; (c) has failed to allow, or satisfactorily cooperate with, an audit under section 48; 6 or (d) has failed to pay a fee under schedule 1, part 4. ‘ (2) Before taking action under subsection (1), the Accreditation Council must give the organisation a written notice that— (a) states the proposed action, including the period of any proposed suspension; (b) states the grounds for the proposed action; and (c) outlines the facts and circumstances forming the basis for the grounds; and (d) invites the organisation to show within a stated period (the “show cause period” ) why the proposed action should not be taken. ‘ (3) The show cause period must be a period ending at least 10 working days after the show cause notice is given to the organisation. ‘ (4) If an organisation’s registration, status or part of its scope of registration or status is cancelled or suspended, the organisation must deliver its certificate of registration or certificate of status to the Accreditation Council within 5 working days after the Accreditation Council demands its delivery. ‘ (5) Mutual recognition under the framework may be cancelled or suspended as if it were a registration or status mentioned in subsection (1). 6 Section 48 (Compliance audits)

s8 9 s8 Vocational Education, Training and Employment Amendment (No. 1) No. 132, 1999 ˙ ‘ Delegation of powers of Accreditation Council under the framework ‘ 46.(1) Subsections (2) and (3) set out the delegations that may be applied for under section 39(3). 7 ‘ (2) A registered training organisation with quality endorsed status may apply for a delegation under the framework for the organisation to self-manage— (a) its scope of registration; or (b) accreditation of its training products within its scope of registration. ‘ (3) An organisation, other than a registered training organisation, with quality endorsed status may apply for a delegation in relation to— (a) registering training organisations to provide skill recognition services, or training delivery, in vocational training areas relevant to the industry in which the organisation is engaged; or (b) extending the scope of registration of registered training organisations for vocational training areas relevant to that industry— (i) from skill recognition services to training delivery; or (ii) to raise the level of the highest qualification that may be awarded in a vocational training area; or (c) accrediting training products relevant to that industry. ˙ ‘ Copy of text to accompany notification to Accreditation Council ‘ 47.(1) If an organisation with quality endorsed status with a delegation to self-manage accreditation of its training products is required under the framework to give notice of the product’s accreditation to the Accreditation 7 Section 39 (Certain applications under the framework)

s 8 10 s 8 Vocational Education, Training and Employment Amendment (No. 1) No. 132, 1999 Council, the notice must be accompanied by a copy of the text of the product. 8 ‘ (2) This regulation does not limit the notices that may be required to be given under a delegation or the framework or any other requirements under the framework. ˙ ‘ Compliance audits ‘ 48. The Accreditation Council may conduct compliance audits in accordance with the framework and this regulation. ˙ ‘ Awards ‘ 49.(1) A person is registered, within the meaning of section 67 9 of the Act, by the Accreditation Council to provide a course for an award if— (a) the person is an owner of a registered training organisation under the framework; and (b) the provision of the course and the award are within the organisation’s scope of registration. ‘ (2) Subsection (1) applies whether or not the person was an owner of the organisation on registration. ‘ (3) In this section— “registration” includes registration, in another State, that is recognised under the framework. 8 Under the framework various notices are required to be given by registered training organisations, organisations with quality endorsed status and other organisations and persons. 9 Section 67 (Control over matters about the conferring of awards)

s 9 11 s 9 Vocational Education, Training and Employment Amendment (No. 1) No. 132, 1999 ˙ ‘ Fees for framework ‘ 50.(1) The fees payable under the Act for the framework are in schedule 1, part 4. 10 ‘ (2) An application for registration as a registered training organisation must be accompanied by the amount of the first annual fee payable by a registered training organisation. ‘ (3) If the application is refused, the amount of the first annual fee must be refunded. ˙ ‘ Transitional ‘ 51.(1) For this regulation, on its commencement— (a) an organisation that immediately before the commencement was an approved training organisation is taken to be a registered training organisation; and (b) an organisation that immediately before the commencement was registered as a training organisation in a register kept by the chief executive is taken to be a registered training organisation; and (c) an organisation that immediately before the commencement held a certificate of quality endorsed status from the commission is taken to be a organisation with quality endorsed status. ‘ (2) This section expires on 30 June 2000.’. ˙ Amendment of schedule (Fees) 9. Schedule— insert — 10 A fee is payable for giving the notices mentioned in schedule 1, part 4 items 28 to 30.

s 9 12 s 9 Vocational Education, Training and Employment Amendment (No. 1) No. 132, 1999 ‘ PART 4—AUSTRALIAN RECOGNITION FRAMEWORK 22. Application for, or for renewal of, registration as a training organisation— (a) if the scope of registration is for 1 vocational training area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) for each additional area . . . . . . . . . . . . . . . . . . . . . . 23. Application to extend the scope of registration— (a) from skill recognition services to training delivery . (b) to add a vocational training area, for each area to be added . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) to raise the level of the highest qualification that may be awarded in a particular vocational training area . . 24. Application for, or for renewal of, quality endorsed status— (a) without a delegation under section 46 . . . . . . . . . . . (b) for each of the following delegations applied for, unless paragraph (c),(d) or (e) applies— (i) section 46(2)(a); (ii) section 46(2)(b); (iii) section 46(3)(a); (iv) section 46(3)(b); (v) section 46(3)(c) . . . . . . . . . . . . . . . . . . . . . . . . (c) with a delegation under section 46(2)(a) and (b) . . . (d) with a delegation under section 46(3)(a) and (b) . . . (e) with a delegation under section 46(3)(a), (b) and (c) 25. Application for accreditation of a training product— (a) leading to a statement of attainment . . . . . . . . . . . . . (b) leading to a qualification— (i) for each product, other than a product for which subparagraph (ii) sets the fee . . . . . . . . . . . . . . (ii) for each product leading to a lower qualification than an associated higher qualification product for which accreditation is being applied for at the same time . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1200.00 300.00 600.00 600.00 600.00 200.00 500.00 800.00 500.00 800.00 500.00 800.00 200.00

s 9 13 s 9 Vocational Education, Training and Employment Amendment (No. 1) No. 132, 1999 26. Application for approval of proposed changes to an accredited training product . . . . . . . . . . . . . . . . . . . . . . . . 27. Annual service fee payable in advance by a registered training organisation— (a) organisation with quality endorsed status— (i) if the scope of registration is for 1 or 2 vocational training areas . . . . . . . . . . . . . . . . . . (ii) for each additional area . . . . . . . . . . . . . . . . . . (b) organisation holding a certificate from the ISO evidencing that the organisation has met the ISO’s quality assurance requirements for a training organisation— (i) if the scope of registration is for 1 or 2 vocational training areas . . . . . . . . . . . . . . . . . . (ii) for each additional area . . . . . . . . . . . . . . . . . . (b) organisation holding a certificate of quality improved status granted by or for the chief executive— (i) if the scope of registration is for 1 or 2 vocational training areas . . . . . . . . . . . . . . . . . . (ii) for each additional area . . . . . . . . . . . . . . . . . . (c) any other organisation— (i) if the scope of registration is for 1 or 2 vocational training areas . . . . . . . . . . . . . . . . . . (ii) for each additional area . . . . . . . . . . . . . . . . . . 28. Notification by a registered training organisation, or an organisation with quality endorsed status, of its intention to provide an additional training product— (a) for 1 product only . . . . . . . . . . . . . . . . . . . . . . . . . . (b) for up to 5 products notified at the same time, in total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) for each product, after the fifth product, notified at the same time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29. Notification of a change in the ownership of a registered training organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30. Notification by a quality endorsed organisation with a delegation to self-manage accreditation of its training products of— 150.00 150.00 20.00 200.00 20.00 200.00 20.00 300.00 50.00 50.00 50.00 10.00 50.00

s 9 14 s 9 Vocational Education, Training and Employment Amendment (No. 1) No. 132, 1999 (a) accreditation of a training product leading to a qualification— (i) for each product, other than a product for which subparagraph (ii) sets the fee . . . . . . . . . . . . . . 50.00 (ii) for each product leading to a lower qualification than an associated higher qualification product, the accreditation of which is being notified at the same time . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (b) accreditation of a training product leading to a statement of attainment . . . . . . . . . . . . . . . . . . . . . . 50.00 (c) changes in a training product, the accreditation of which is being self-managed . . . . . . . . . . . . . . . . . . 15.00 31. Compliance audit in response to a failure to submit an annual report or to substantial concerns by the Accreditation Council about compliance, if the audit substantiates the lack of compliance . . . . . . . . . . . . . . . . 600.00 32. Compliance audit, in response to a complaint, if the audit substantiates the substance of the complaint—for each audit with that result after the second audit with that result in any 5 year period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00 33. Any other compliance audit in a State . . . . . . . . . . . . . . . no fee 34. Compliance audit outside Australia, in response to a failure to submit an annual report or to substantial concerns by the Accreditation Council about compliance, if the audit substantiates the lack of compliance . . . . . . . . 600.00 plus expenses at cost 35. Compliance audit outside Australia, in response to a complaint, that substantiates the substance of the complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500.00 plus expenses at cost 36. Any other compliance audit outside Australia . . . . . . . . . expenses at cost 37. Copy of a certificate issued under the framework . . . . . . 50.00 38. Recognition in Queensland of a decision of an interstate recognition authority of a product or service delivered under the decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . no fee’.

s 10 15 Vocational Education, Training and Employment Amendment (No. 1) ˙ Insertion of new sch 2 10. After the schedule— insert — ‘ SCHEDULE 2 s 10 No. 132, 1999 ‘ DICTIONARY section 3 ‘ PART 1—DEFINITIONS FOR PARTS 2 AND 3 OF THIS REGULATION ‘ PART 2—DEFINITIONS FOR PART 4 OF THIS REGULATION (PROVISIONS FOR AUSTRALIAN RECOGNITION FRAMEWORK) “accreditation” means accreditation in Queensland under the framework. “associated higher qualification level product” means a product that includes a subset of competencies, which if satisfactorily completed, leads to the associated lower qualification. “Australian Recognition Framework” means the Australian Recognition Framework developed under instructions from the Australian National Training Authority Ministerial Council. “complaint” means a complaint of non-compliance made against a registered training organisation or quality endorsed organisation to the Accreditation Council. “compliance” , for a registered training organisation or an organisation with quality endorsed status, means compliance with the requirements the organisation must comply with under the framework to obtain or retain its registration or status.

s 10 16 s 10 Vocational Education, Training and Employment Amendment (No. 1) No. 132, 1999 “compliance audit” means an audit of compliance, carried out in or outside Queensland or Australia, that is— (a) initiated and managed by the Accreditation Council; and (b) carried out on a registered training organisation or an organisation with quality endorsed status. “expenses at cost” means travel, accommodation, communication and other expenses reasonably incurred. “ISO” means International Standards Organisation. “notification” means notification to the Accreditation Council under the framework. “registration” means registration in Queensland under the framework. “skill recognition services” means skill recognition services (assessment only) and issue of qualifications and statements of attainment. “quality endorsed status” means quality endorsed status granted in Queensland under the framework. “service fee” means a fee for providing— (a) ongoing information about the framework and developments in it; and (b) compliance audits under this regulation for which no fee is charged under this schedule. “the framework” see section 38. 11 “training delivery” means training delivery, assessment and issue of qualifications and statements of attainment. “vocational training areas” means the vocational training areas decided by the chief executive.’. 11 Section 38 (Accreditation Council is State recognition authority for Australian Recognition Framework)

17 Vocational Education, Training and Employment Amendment (No. 1) No. 132, 1999 ENDNOTES 1. Made by the Governor in Council on 24 June 1999. 2. Notified in the gazette on 25 June 1999. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Employment, Training and Industrial Relations. © State of Queensland 1999