National Vocational Education and Training Regulator (Authorised Officer Requirements) Determination 2023

Administered by Department of Employment and Workplace Relations

Legislation au F2023L00356 In force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the authority of Minister O’Connor, Minister for Skills and Training

National Vocational Education and Training Regulator (Authorised Officer Requirements) Determination 2023

AUTHORITY

Subsection 89(2A) of the National Vocational Education and Training Regulator Act 2011 (the Act) empowers the Minister to, by legislative instrument, determine the experience, training and qualification requirements for authorised officers. Under subsection 89(2) of the Act, the National VET Regulator (the Regulator) must not appoint a person as an authorised officer unless the person satisfies the experience, training and qualification requirements specified in a legislative instrument under subsection 89(2A) of the Act.

The National Vocational Education and Training Regulator (Authorised Officer Requirements) Determination 2023 (the Determination) is made under subsection 89(2A) of the Act and repeals the existing ASQA Authorised Officer Requirements 2012 (the 2012 Requirements). The Determination updates the appointment and certification requirements for appointment as an authorised officer.

Under subsection 33(3) of the Acts Interpretation Act 1901 (Acts Interpretation Act), where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

PURPOSE AND OPERATION

Authorised officers exercise investigative powers under Part 5 of the Act – these are referred to as monitoring powers, or enforcement powers. These powers include searching, examining, recording, taking documentary extracts and operating electronic equipment. Part 5 of the Act additionally empowers authorised officers to enter premises by consent or under execution of a warrant, and seek the production of documents.

 

The purpose of the Determination is to specify (pursuant to subsection 89(2A) of the Act) the experience, training, and qualification requirements for persons to be appointed as authorised officers under subsection 89(1) of the Act, and to exercise those investigative powers conferred by the Act.

 

The Determination repeals and replaces the 2012 Requirements which is due to sunset on
1 April 2023. For the purposes of clarity and simplicity, the Determination consolidates the authorised officer requirements concerning ‘experience, training and qualifications’ into section 6. They were previously divided across two sections in the 2012 Requirements.

 

The Determination additionally updates the name of the requisite authorised officer qualification (i.e. Certificate IV in Government Investigation), and provides further detail on the appropriate documentary requirements that a person must provide in order to meet the authorised officer appointment requirements. 

REGULATORY IMPACT

The Office of Impact Analysis (OIA) has advised that an Impact Analysis is not required. OIA reference ID: OBPR23-04078.

COMMENCEMENT

The Determination commences the day after it is registered on the Federal Register of Legislation.

CONSULTATION

The National VET Regulator and the state and territory governments have been consulted regarding the making of the Determination. No concerns were raised.

 

Representatives from the VET sector have not been consulted regarding the remaking of the Determination. This is because the amendments are technical in nature, relate only to matters concerning the appointment of authorised officers by the Regulator, and do not materially alter the existing requirements.

 


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

National Vocational Education and Training Regulator (Authorised Officer Requirements) Determination 2023

The National Vocational Education and Training Regulator (Authorised Officer Requirements) Determination 2023 (the Determination) 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 Legislative Instrument

The Determination is made by the Minister under subclause 89(2A) of the National Vocational Education and Training Regulator Act 2011 (the Act) and operates to specify (pursuant to subsection 89(2A)) the experience, training, and qualification requirements for persons to be appointed as authorised officers under subsection 89(1) of the Act, and to exercise those investigative powers conferred by the Act.

The Determination repeals and replaces the existing ASQA Authorised Officer Requirements 2012 (the 2012 Requirements) which is due to sunset on 1 April 2023. For the purposes of clarity and simplicity, the Determination consolidates the authorised officer requirements concerning ‘experience, training and qualifications’ into section 6. They were previously divided across two sections in the 2012 Requirements.

The Determination additionally updates the name of the requisite authorised officer qualification (i.e. Certificate IV in Government Investigation), and provides further detail on the appropriate documentary requirements that a person must provide in order to meet the authorised officer appointment requirements.   

Human rights implications

The Determination engages the following right:

  • The right to work – Article 6 of the International Covenant on Economic, Social and Cultural Rights.

Right to work

The Determination engages the right to work contained in article 6(1) of the International Covenant on Economic, Social and Cultural Rights. Article 6(1) recognises the right to work, which includes the right of everyone to the opportunity to earn a living by work which he or she freely chooses or accepts.

The objective of the Determination is to ensure that only suitably qualified and experienced persons, as specified in the Determination, will be appointed to exercise the monitoring and investigative powers under Part 5 of the Act. Given the nature of these powers set out in the Act, suitably qualified and experienced persons are necessary to ensure the protection of other rights such as the right to privacy.

Additionally, the Determination assists in the opportunity to obtain work by clearly setting out the requirements and certification that a person must obtain in order to be considered for appointment as an authorised officer by the Regulator. Therefore, the Determination additionally provides an avenue to employment as an authorised officer for those persons who have completed a Certificate IV in Government Investigation, or have sufficient experience relevant to performing the functions of an authorised officer as set out in section 7 of the Determination.

The Determination is therefore compatible with the right to work.

Conclusion

This Instrument is compatible with human rights because it advances the right to work by supporting the ability of suitably qualified and experienced persons to be appointed as authorised officers.

Minister for Skills and Training, the Hon Brendan O’Connor

National Vocational Education and Training Regulator (Authorised Officer Requirements) Determination 2023

EXPLANATION OF PROVISIONS

Section 1: Name

  1. This section provides that the name of the Instrument is the National Vocational Education and Training Regulator (Authorised Officer Requirements) Determination 2023.

Section 2: Commencement

2.  This section provides that the whole of the Instrument commences on the day after the Instrument is registered on the Federal Register of Legislation.

Section 3: Authority

3.  This section provides that the Instrument is made under subsection 89(2A) of the Act.

Section 4: Definitions

4.  This section provides the definitions of key terms and provides that certain specified expressions used in the Instrument have the same meaning as in the Act.

Section 5: Schedules

5.  This section provides that any instruments specified in a Schedule to the National Vocational Education and Training Regulator (Authorised Officer Requirements) Determination 2023 Instrument are repealed according to the Schedule.

Section 6: Experience, training and qualification requirements

6.  This section generally specifies the experience, training and qualification requirements for appointment as an authorised officer.

7.  Subsection 6(1) specifies that a person is taken to have satisfied the requirements if the National VET Regulator is satisfied the person meets the criteria set out in subsections 6(2).

8.  Paragraph 6(2)(a) provides that a person will satisfy the requirements where the person has completed a Certificate IV in Government Investigation (further information on this Certificate is available on the myskills.gov.au website). Where a person has completed this Certificate, there are no other appointment requirements specified in the Instrument.

9.  Paragraph 6(2)(b) relates to circumstances where a person does not yet hold a Certificate IV in Government Investigation. It provides that a person will satisfy the requirements if they can demonstrate sufficient experience relevant to performing the functions of an authorised officer in any area of experience listed at section 7 (subparagraph 6(2)(b)(i)); and completes a Certificate IV in Government Investigation within 12 months of being appointed (subparagraph 6(2)(b)(ii)).

10.  In demonstrating this experience, the person must provide appropriate documentary evidence. A note to Paragraph 6(2)(b) provides some non-exhaustive examples of what may constitute appropriate documentary evidence.

11.  Subsection 6(3) clarifies that a person will no longer satisfy the requirements where they do not complete a Certificate IV in Government Investigation within 12 months.

7: Areas of Experience

12.  Section 7 provides an exhaustive list of areas of experience relevant to the Authorised Officer role. For the purposes of meeting the appointment requirements under subparagraph 6(2)(b)(i), the National VET Regulator must be satisfied that a person has demonstrated and documented experience in at least one of these areas. Given the significance of the powers of authorised officers under part 5 of the Act, these areas of experience have been specified because they relate directly to the performance of an authorised officer’s expected functions and duties.

SCHEDULE 1 – REPEALS

13.  This Schedule repeals the whole of the ASQA Authorised Officer Requirements 2012 instrument. This instrument will not be required if the National Vocational Education and Training Regulator (Authorised Officer Requirements) Determination 2023 is made, as the new instrument provides for all necessary matters under subsection 89(2A) of the Act and will replace the old instrument.

Overview

The National Vocational Education and Training Regulator (Authorised Officer Requirements) Determination 2023 was enacted to address the need for updated qualifications and experience requirements for authorised officers within the vocational education and training sector. This Determination was made under the authority of the Minister for Skills and Training, pursuant to subsection 89(2A) of the National Vocational Education and Training Regulator Act 2011. The objective of the Determination is to specify the experience, training, and qualification requirements necessary for individuals to be appointed as authorised officers, thereby ensuring that these officers possess the requisite competencies to effectively exercise their investigative powers. These powers include the ability to search, examine, record, take documentary extracts, and operate electronic equipment, as well as entering premises and seeking the production of documents. The Determination replaces the existing ASQA Authorised Officer Requirements 2012, consolidating the requirements into a more streamlined format and updating the name of the requisite qualification to a Certificate IV in Government Investigation. The Determination also aims to uphold the right to work by providing clear guidelines and certification pathways for individuals seeking to become authorised officers. This ensures that suitably qualified and experienced individuals are appointed, thereby protecting other rights such as the right to privacy. The new requirements provide an avenue for employment for those who have completed the relevant certification or have sufficient experience relevant to performing the functions of an authorised officer. This approach supports the ability of suitably qualified and experienced persons to be appointed as authorised officers and ensures that these individuals are well-prepared to exercise their investigative powers responsibly and effectively.

Scope and Application

The National Vocational Education and Training Regulator (Authorised Officer Requirements) Determination 2023 applies to individuals who are or wish to be appointed as authorised officers by the National VET Regulator under the National Vocational Education and Training Regulator Act 2011 (the Act). The Determination specifies the experience, training, and qualification requirements that must be met by such individuals to be eligible for such appointments. Authorised officers, upon appointment, are granted certain investigative and monitoring powers, including the ability to search, examine, record, take documentary extracts, and operate electronic equipment, as well as entering premises and seeking document production. This Determination serves to update and replace the existing ASQA Authorised Officer Requirements 2012, which is set to sunset on 1 April 2023. The Determination consolidates and simplifies the requirements concerning experience, training, and qualifications into section 6, replacing the previous division of these requirements across two sections in the 2012 Requirements. Additionally, it updates the requisite qualification for authorised officers to a Certificate IV in Government Investigation and provides further detail on the documentary requirements necessary for meeting the appointment criteria. The Determination has a national reach and applies across Australia, with no specific exclusions or exemptions stated in the text. The application of the Determination can be extended or restricted through subordinate instruments made under the Act.

Key Provisions

The National Vocational Education and Training Regulator (Authorised Officer Requirements) Determination 2023 (the Determination) provides the requirements for the appointment of authorised officers by the National VET Regulator. Under section 6 of the Determination, an individual can be appointed as an authorised officer if they have either completed a Certificate IV in Government Investigation or can demonstrate sufficient experience in a relevant area and complete the Certificate within 12 months of appointment. The Determination also specifies the experience and qualification requirements in detail, including the types of experience and documentation that may be considered appropriate. The Determination imposes several obligations on the National VET Regulator and individuals seeking to be appointed as authorised officers. The Regulator must ensure that any person appointed as an authorised officer meets the specified experience, training, and qualification requirements. This includes verifying the credentials and experience of applicants and ensuring that those appointed have the necessary skills and knowledge to perform their duties effectively. Individuals seeking to be appointed as authorised officers must demonstrate their qualifications and experience as outlined in the Determination. This includes providing appropriate documentary evidence and, if necessary, completing the Certificate IV in Government Investigation within the specified timeframe. Failure to comply with the requirements set out in the Determination may result in various consequences. The Determination does not explicitly outline specific penalties for non-compliance; however, the National Vocational Education and Training Regulator Act 2011 (the Act) provides a framework within which authorised officers operate. Breaches of the Act or the Determination could potentially lead to disciplinary actions, including the revocation of an authorised officer's appointment. Additionally, any misuse of the investigative powers granted to authorised officers could result in criminal charges under the Act. These may include penalties such as fines and imprisonment, depending on the severity of the breach. The exact penalties would be determined based on the specific provisions of the Act and any relevant case law.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.