Acts of Parliament assented to - Act No. 76 to 81 of 2020

Overview

The National Skills Commissioner Act 2020 was assented to on 2 September 2020 and aims to address the need for an independent and expert voice to provide advice and oversight on vocational education and training matters, including the development of skills in the workforce to meet the needs of employers and the economy. This Act was passed by the Parliament of Australia, with the policy objective of ensuring that the vocational education and training system is responsive to industry needs and supports the development of a skilled and adaptable workforce. The Act establishes the position of the National Skills Commissioner, who will be responsible for providing independent advice and recommendations on vocational education and training policy and practice, and for monitoring and reporting on the performance of the system. The National Vocational Education and Training Regulator Amendment (Governance and Other Matters) Act 2020, assented to on 3 September 2020, and the Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Act 2020, also assented to on 3 September 2020, are two other Acts that were passed by the Parliament of Australia in 2020. These Acts aim to improve the governance and quality of vocational education and training and tertiary education, and to prohibit the provision of academic cheating services, respectively.

Scope and Application

The National Skills Commissioner Act 2020 applies to the Commonwealth of Australia and establishes the role of the National Skills Commissioner, tasked with advising the government on vocational education and training matters. The Act applies to the Commissioner personally, as well as to the entities and individuals involved in vocational education and training. The geographic reach of the Act is national, impacting all sectors and industries involved in vocational education and training across Australia. There are no stated exclusions or exemptions in the Act itself, though the scope of its application may be extended or restricted through subordinate instruments. The Act aims to improve the quality and effectiveness of vocational education and training in Australia, ensuring that the workforce has the necessary skills to meet the demands of the economy. The Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Act 2020 applies to the Commonwealth of Australia and amends the Tertiary Education Quality and Standards Agency Act 2011. This Act targets entities and individuals who engage in, facilitate, or promote the provision of academic cheating services, which include activities such as providing answers to assessments, ghostwriting, and other forms of academic misconduct. The Act applies to educational institutions, students, and third-party service providers involved in the provision of higher education in Australia. The geographic reach is national, affecting all tertiary education institutions and their stakeholders across the country. The Act introduces strict penalties for those who breach its provisions, with the aim of maintaining the integrity of academic assessments and ensuring that qualifications are awarded based on merit and genuine achievement.

Key Provisions

The National Skills Commissioner Act 2020 (section 3) establishes the role of the National Skills Commissioner, who is tasked with providing advice to the government on skills policy, including workforce development and the impact of skills on the economy. Section 4 outlines the appointment process for the Commissioner, ensuring they possess the requisite expertise and experience in the field of vocational education and training. The Act also mandates the Commissioner to prepare and present annual reports to the government on skills issues (section 5). Under the Act, the Commissioner is required to maintain a strategic focus on national skills priorities, collaborate with industry stakeholders, and provide independent advice to enhance the skills system in Australia (section 6). The Act further stipulates the Commissioner’s role in monitoring and reporting on the implementation of skills policies (section 7). Additionally, the Commissioner must ensure compliance with relevant legislative requirements and promote the development of a skilled workforce (section 8). Breaches of the Act’s provisions may result in civil or criminal penalties, although the specific penalties are not detailed in the Act itself. However, generally, failure to comply with the Commissioner’s directives or statutory requirements could lead to legal consequences. For instance, the National Vocational Education and Training Regulator Amendment (Governance and Other Matters) Act 2020 (section 10) outlines that non-compliance with the Regulator’s directions may result in fines of up to $10,000 for individuals and $50,000 for bodies corporate, reflecting the seriousness of adhering to the legislative mandates. Similarly, the Tertiary Education Quality and Standards Agency Amendment (Prohibiting Academic Cheating Services) Act 2020 (section 15) imposes significant penalties for engaging in academic cheating services, with maximum fines of $100,000 for individuals and $500,000 for bodies corporate. The Act aims to protect the integrity of the education system by penalising those who facilitate academic dishonesty, thereby ensuring educational standards are maintained. These penalties underscore the legislative intent to enforce compliance and uphold the quality of education and skills training in Australia.