EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Tertiary Education, Skills, Science and Research
National Vocational Education and Training Regulator Amendment Act 2011
Proclamation
The National Vocational Education and Training Regulator Act 2011(the Principal Act) establishes a national regulator for the vocational education and training sector, now known as the Australian Skills Quality Authority (ASQA) and sets out the regulatory framework within which ASQA operates. ASQA is taking over the regulatory functions of state and territory regulators in referring states and territories. In the non-referring states, Victoria and Western Australia, ASQA has responsibility for registered training organisations which offer training to international students, or which also operate in a referring state or territory.
The National Vocational Education and Training Regulator Amendment Act 2011 (the Act) makes amendments to the Principal Act to address concerns expressed by stakeholders and the Senate Standing Committees on Scrutiny of Bills and Education Employment and Workplace Relations during the Principal Act’s passage through Parliament. Due to the nature of the referral of powers, these amendments were not able to be enacted at the time of the Principal Act’s passage.
Item 2 of the table in subsection 2(1) of the Act provides that Schedule 1 to the Act shall commence on a day to be fixed by Proclamation or if any of the provision(s) do not commence within the period of six months beginning on the day the Act receives the Royal Assent, they commence on the day after the end of that period. The Act received the Royal Assent on 4 December 2011.
The purpose of the Proclamation is to fix 17 May 2012 as the day on which Schedule 1 to the Act commences.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This Proclamation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Proclamation
The purpose of the Proclamation is to fix 17 May 2012 as the day on which the substantive provisions of the Act commence.
Human rights implications
This Proclamation does not engage any of the applicable rights or freedoms.
Conclusion
This Proclamation is compatible with human rights as it does not raise any human rights issues.