Vocational Education, Training and Employment Amendment Regulation (No. 1) 2008 (Qld)

Queensland Vocational Education, Training and Employment Amendment Regulation (No. 1) 2008 Subordinate Legislation 2008 No. 184 made under the Vocational Education, Training and Employment Act 2000 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Renumbering of pt 2, div 1 (Amending accreditation) . . . . . . . . . 3 5 Renumbering of s 3 (Procedure for amending accreditation— Act, s 47D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Insertion of new pt 2, div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 1 Registering training organisations through TVET 3 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Application for approval to register through TVET . . . 4 5 Deciding application for approval . . . . . . . . . . . . . . . . 4 6 Grounds for cancellation of transfer approval. . . . . . . 5 6A Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6B Representations about show cause notice. . . . . . . . . 6 6C Ending show cause process without further action . . 6 6D Cancellation of transfer approval . . . . . . . . . . . . . . . . 6 6E Surrender of transfer approval . . . . . . . . . . . . . . . . . . 7 7 Amendment of s 31 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Vocational Education, Training and Employment Amendment Regulation (No. 1) 2008 Contents 8 Amendment of sch 1 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 15 Page 2 2008 SL No. 184

Vocational Education, Training and Employment Amendment Regulation (No. 1) 2008 [s 1] 1 Short title This regulation may be cited as the Vocational Education, Training and Employment Amendment Regulation (No. 1) 2008 . 2 Commencement This regulation commences on 1 July 2008. 3 Regulation amended This regulation amends the VocationalEducation,Trainingand Employment Regulation 2000. 4 Renumbering of pt 2, div 1 (Amending accreditation) Part 2, division 1— renumber as part 2, division 2. 5 Renumbering of s 3 (Procedure for amending accreditation—Act, s 47D) Section 3— renumber as section 7. 6 Insertion of new pt 2, div 1 Part 2— insert— ‘Division 1 Registering training organisations through TVET ‘3 Application of div 1 ‘(1) This division applies if, under section 186 of the Act, the council has delegated to Technical and Vocational Education and Training Australia Limited ACN 062 758 632 ( TVET ), its 2008 SL No. 184 Page 3

Vocational Education, Training and Employment Amendment Regulation (No. 1) 2008 [s 6] powers under chapter 2, parts 1 to 3 of the Act to register training organisations and manage the registration of training organisations. ‘(2) If the council delegates its powers as mentioned in subsection (1), notice of the delegation must be given on the department’s website. Editor’s note — The department’s website address for notice of a delegation is < dex.html>. ‘4 Application for approval to register through TVET ‘(1) A person may apply to the council for approval— (a) to apply through TVET for registration as a training organisation; and (b) for TVET to manage the organisation’s registration. ‘(2) Also, a registered training organisation may apply to the council for approval to transfer the management of the organisation’s registration to TVET. ‘(3) An application under subsection (1) or (2) must be in writing and contain sufficient information to enable the council to decide the application. ‘(4) An entity may not apply through TVET for registration or for TVET to manage the entity’s registration unless the entity holds a transfer approval. ‘5 Deciding application for approval ‘(1) The council must consider an application under section 4 and decide whether to grant or refuse to grant the application. ‘(2) The council may grant the application only if the council is satisfied— (a) for an applicant who is a registered training organisation— Page 4 2008 SL No. 184

Vocational Education, Training and Employment Amendment Regulation (No. 1) 2008 [s 6] (i) the applicant is operating in this and at least 1 other jurisdiction; or (ii) the applicant is operating in this jurisdiction and, within 6 months after receiving a transfer approval, will also be operating in at least 1 other jurisdiction; or (b) for an applicant who is not a registered training organisation—the applicant will be operating in this and at least 1 other jurisdiction within 6 months after receiving a transfer approval. ‘(3) If the council decides to grant the application, the council must immediately give the applicant a signed notice of its approval (a transfer approval ). ‘(4) If the council decides to refuse to grant the application, the council must immediately give the applicant an information notice about the decision. ‘6 Grounds for cancellation of transfer approval ‘Each of the following is a ground for cancelling a transfer approval— (a) the holder of the approval is no longer operating in this and at least 1 other jurisdiction; (b) both of the following apply— (i) at the time the approval was given, the holder did not operate in this and at least 1 other jurisdiction; (ii) at least 6 months after the holder received the approval, the holder has not started operating in this and at least 1 other jurisdiction. ‘6A Show cause notice ‘(1) If the council reasonably believes a ground exists for cancelling a transfer approval, the council must give the holder of the approval a notice under this section (a show cause notice ). 2008 SL No. 184 Page 5

Vocational Education, Training and Employment Amendment Regulation (No. 1) 2008 [s 6] ‘(2) The show cause notice must state the following— (a) that the council proposes to cancel the approval (the proposed action ); (b) the ground for the proposed action; (c) an invitation to the holder 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 14 days after the show cause notice is given to the holder. ‘6B Representations about show cause notice ‘(1) The holder of the transfer approval may make written representations about the show cause notice to the council in the show cause period. ‘(2) The council must consider all written representations (the accepted representations ) made under subsection (1). ‘6C Ending show cause process without further action ‘If, after considering the accepted representations for the show cause notice, the council no longer believes the ground exists to cancel the transfer approval, the council must— (a) take no further action about the show cause notice; and (b) as soon as practicable, give written notice to the holder of the approval that no further action will be taken. ‘6D Cancellation of transfer approval ‘(1) This section applies if, after considering the accepted representations for the show cause notice, the council— (a) still believes the ground exists to cancel the transfer approval; and (b) believes cancellation of the approval is warranted. Page 6 2008 SL No. 184

Vocational Education, Training and Employment Amendment Regulation (No. 1) 2008 [s 7] ‘(2) This section also applies if there are no accepted representations for the show cause notice. ‘(3) The council may decide to cancel the approval. ‘(4) The council must, as soon as practicable after deciding, give an information notice about the decision to the holder of the approval. ‘(5) The decision does not take effect until— (a) if the holder of the transfer approval appeals against the decision—the day the appeal is decided; or (b) otherwise—the last day to appeal against the decision. ‘(6) On cancellation of the approval, the management of the training organisation’s registration is transferred to the council. ‘6E Surrender of transfer approval ‘(1) The holder of a transfer approval may surrender the approval by— (a) returning the approval to the council; and (b) giving written notice of the surrender to the council. ‘(2) On surrender of the approval, the management of the holder’s registration is transferred to the council.’. 7 Amendment of s 31 (Fees) Section 31— insert— ‘(2) Subsections (3) to (5) apply to an entity if— (a) the council has delegated its powers under chapter 2, parts 1 to 3 of the Act to TVET; and (b) the entity holds a transfer approval. ‘(3) Subject to subsections (4) and (5)— 2008 SL No. 184 Page 7

Vocational Education, Training and Employment Amendment Regulation (No. 1) 2008 [s 8] (a) the fees mentioned in schedule 1, part 1A apply to the entity; and (b) the entity is not required to pay the fees mentioned in schedule 1, part 1, items 1 to 6. ‘(4) Subsection (5) applies if— (a) the entity is a registered training organisation; and (b) the entity has paid the annual registration fee mentioned in schedule 1, part 1, item 2 to the council; and (c) on a day (the approval day ) during the year or part of the year for which the fee was paid, the entity becomes the holder of a transfer approval. ‘(5) The entity must pay to TVET the amount calculated by TVET that is the difference between the proportion of each of the following amounts relating to the period from the approval date until the end of the year or part of the year for which the fee was paid to the council— (a) the fee paid to the council; (b) the fee mentioned in schedule 1, part 1A, item 10C.’. 8 Amendment of sch 1 (Fees) Schedule 1, part 1— omit, insert— Page 8 2008 SL No. 184

Vocational Education, Training and Employment Amendment Regulation (No. 1) 2008 [s 8] ‘Part 1 Registration, course accreditation and recognition of vocational placement $ Registration as a training organisation 1 Application for registration under section 23(1) of the Act, or renewal of registration under section 28(1) of the Act, if the scope of registration is for 1 or more qualifications or 1 or more parts of a qualification, or both 1 or more qualifications and 1 or more parts of a qualification— (a) from no more than 2 training packages . . . . . . . 1 331.60 (b) from more than 2 training packages . . . . . . . . . . . 1 331.60 for the first 2 training packages plus $443.90 for each additional training package 2 Annual registration fee under section 28(2) of the Act— (a) for a whole year, if the scope of registration is for 1 or more qualifications or 1 or more parts of a qualification, or both 1 or more qualifications and 1 or more parts of a qualification— (i) from no more than 2 training packages . . . . 554.80 (ii) from 3, 4, 5 or 6 training packages . . . . . . . . 832.25 (iii) from 7 or more training packages . . . . . . . . . 1 109.65 2008 SL No. 184 Page 9

Vocational Education, Training and Employment Amendment Regulation (No. 1) 2008 [s 8] $ (b) for part of a year that is 1 or more whole months, if the scope of registration is for 1 or more qualifications or 1 or more parts of a qualification, or both 1 or more qualifications and 1 or more parts of a qualification . . . . . . . . . . . . . . . . . . . . . an amount adjusted in proportion to the number of months in the part of the year 3 Application to amend the scope of registration under section 29(2) of the Act— (a) from assessment to training and assessment. . . . . 1 109.65 (b) by adding qualifications— (i) for an entity with a delegation under section 186 of the Act to self-manage the scope of registration, for each additional qualification or part of a qualification . . . . . . . . . . . . . . . . nil (ii) for any other person, for each additional qualification or part of a qualification . . . . . 111.00 (c) from a qualification to an equivalent qualification, or part of a qualification to an equivalent part of a qualification, in a nationally endorsed training package, for each qualification or part of a qualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.65 4 Application for a replacement certificate under section 10(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73.25 5 Fee payable by a training organisation to the council for the conduct of a compliance audit of the training organisation under section 37 of the Act— Page 10 2008 SL No. 184

Vocational Education, Training and Employment Amendment Regulation (No. 1) 2008 [s 8] $ (a) for an audit conducted because of a complaint against the training organisation, other than an audit conducted under paragraph (b) or (c), if the complaint is substantiated, for each hour or part of an hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122.10 plus reasonable travel and other expenses (b) for an audit conducted outside Queensland, for each hour or part of an hour . . . . . . . . . . . . . . . . . 122.10 plus reasonable travel and other expenses (c) for an audit conducted in relation to a delegation under section 186 of the Act to self-manage the scope of registration, or a training organisation seeking the delegation, other than an audit conducted under paragraph (b) . . . . . . . . . . . . . . . 122.10 plus reasonable travel and other expenses (d) for an audit conducted at the request of a training organisation, for each hour or part of an hour . . . 134.30 plus reasonable travel and other expenses 2008 SL No. 184 Page 11

Vocational Education, Training and Employment Amendment Regulation (No. 1) 2008 [s 8] $ (e) for any other audit. . . . . . . . . . . . . . . . . . . . . . . . . nil 6 Fee payable by a training organisation to the council for the conduct of a compliance audit of the training organisation under section 38 of the Act, for each hour or part of an hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122.10 plus reasonable travel and other expenses Course accreditation 7 Application under section 47(1) of the Act for accreditation— (a) for a person other than a person mentioned in paragraph (b)— (i) for a course leading to a qualification— (A) for each course leading to a lower qualification than, and that is in the same course structure as, an associated higher qualification course for which accreditation is being applied for at the same time . . . . . . . . . . . . . . . . . . . . . . . 332.90 (B) for any other course . . . . . . . . . . . . . . . 1 109.65 (ii) for a course leading to a statement of attainment, for each statement of attainment . 665.80 (b) for an entity with a delegation under section 186 of the Act to accredit courses— (i) for a course leading to a qualification— Page 12 2008 SL No. 184

Vocational Education, Training and Employment Amendment Regulation (No. 1) 2008 [s 8] $ (A) for each course leading to a lower qualification than, and that is in the same course structure as, an associated higher qualification course for which accreditation is being applied for at the same time . . . . . . . . . . . . . . . . . . . . . . . 33.25 (B) for any other course . . . . . . . . . . . . . . . 111.00 (ii) for a course leading to a statement of attainment, for each statement of attainment . 66.60 8 Application to amend accreditation under section 3(1)— (a) for an entity with a delegation under section 186 of the Act to amend accreditation of a course, for each course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33.25 (b) for any other person, for each course . . . . . . . . . . 332.90 9 Application to renew accreditation under section 47C of the Act— (a) for an entity with a delegation under section 186 of the Act to renew accreditation of a course, for each course . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.65 (b) for any other person, for each course . . . . . . . . . . 166.45 Recognition of vocational placement scheme 10 Application under section 108(2) of the Act to recognise a vocational placement scheme . . . . . . . . . . 166.45 2008 SL No. 184 Page 13

Vocational Education, Training and Employment Amendment Regulation (No. 1) 2008 [s 8] ‘Part 1A Registration fees for holders of a transfer approval $ 10A Application for registration under section 23(1) of the Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 000.00 10B Application for renewal of registration under section 28(1) of the Act . . . . . . . . . . . . . . . . . . . . . 2 000.00 10C Annual registration fee under section 28(2) of the Act— (a) for a whole year, if the scope of the registration is for— (i) not more than 5 qualifications . . . . . . . . 1 400.00 (ii) more than 5 but not more than 20 qualifications . . . . . . . . . . . . . . . . . . . . . 2 600.00 (iii) more than 20 qualifications . . . . . . . . . . 3 800.00 (b) for part of a year that is 1 or more whole months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . an amount adjusted in proportion to the number of months in the part of the year 10D Application to amend the scope of registration under section 29(2) of the Act by adding qualifications— (a) to a training package being provided by the applicant, for each qualification . . . . . . . . . . . 200.00 (b) to a training package the applicant intends providing, for each qualification . . . . . . . . . . 400.00 Page 14 2008 SL No. 184

Vocational Education, Training and Employment Amendment Regulation (No. 1) 2008 [s 9] $ 10E Fee payable for the conduct of a compliance audit, under section 37 of the Act, of a training organisation’s operations outside Australia—for each hour or part of an hour . . . . . . . . . . . . . . . . . . 150.00 plus reasonable travel and other expenses’. 9 Amendment of sch 3 (Dictionary) Schedule 3— insert— ‘ accepted representations , for part 2, division 1, see section 6B. manage , a training organisation’s registration, means exercise the council’s powers under chapter 2, parts 1 to 3 of the Act in relation to the registration. show cause notice , for part 2, division 1, see section 6A(1). show cause period , for part 2, division 1, see section 6A(2). transfer approval see section 5(3). TVET see section 3(1).’. ENDNOTES 1 Made by the Governor in Council on 26 June 2008. 2 Notified in the gazette on 27 June 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Education, Training and the Arts. 2008 SL No. 184 Page 15

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