EXPLANATORY STATEMENT
Issued by the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations and the Minister for Innovation, Industry, Science and Research
Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 1 of 2011
Authority
Section 4 of the Nation-building Funds Act 2008 (the Act) provides that the definitions of higher education institution and research institution means an institution specified in a legislative instrument made by the EIF designated Ministers for the purposes of these respective definitions.
Section 4 of the Act provides that the definition of vocational education and training provider means a person or body specified in a legislative instrument made by the EIF designated Ministers for the purposes of this definition.
Section 4 of the Act defines the EIF designated Ministers to mean the Education Minister and the Research Minister. Section 4 of the Act defines Education Minister as the Minister who administers Part 2-2 of the Higher Education Support Act 2003 and Research Minister as the Minister who administers the Australian Research Council Act 2001.
This instrument has been issued jointly by the Education Minister and the Research Minister because the definitions of higher education institution, research institution and vocational education and training provider in section 4 of the Act require that the EIF designated Ministers specify these definitions.
Pursuant to section 4 of the Act, such definitions are to be specified in a legislative instrument.
Purpose
Pursuant to the definitions of the terms higher education institutions, research institutions and vocational education and training providers under section 4 of the Act, the purpose of this Instrument is to:
- revoke the definition of Vocational Education and Training Provider made by the Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 2 of 2009, dated 31 July 2009 (the Former Instrument); and
- specify a new definition for a Vocational Education and Training Provider.
Background
To be eligible for funding under the Act, an applicant must satisfy one of the definitions of either a higher education institution, research institution or a vocational education and training provider under section 4 of the Act. The Former Instrument specified these definitions.
This Instrument makes an amendment to the definition of Vocational Education and Training provider specified in the Former Instrument.
This Instrument does not amend the definitions of higher education institution and research institutions made by the Former Instrument.
Explanation of provisions
Vocational Education and Training Providers
Section 1.1.3 defines the term vocational education and training provider to mean all Registered Training Organisations (RTO) as defined section 3 of the National Vocational Education and Training Regulator Act 2011, excluding any school in a State that provides a level of secondary education, where the terms ‘school’, 'State' and 'secondary education' are as defined in section 4 of the Schools Assistance Act 2008.
The changes to the definition of vocational education and training provider have arisen due to the establishment of the Vocational Education and Training National Regulator on 1 July 2011. Section 3 of the National Vocational Education and Training Regulator Act 2011 defines “registered training organisation as a training organisation listed on the National Register as a registered training organisation”. This replaces the definition of an RTO set out in the Skilling Australia’s Workforce Act 2005. The National Register is a register maintained by the Department or another person prescribed by the regulations made under the National Vocational Education and Training Regulator Act 2011.
Consultation
As this Instrument does not make changes to the definitions of higher education institution and research institution, consultation was not required.
As the change to the definition for a Vocational Education and Training Provider was through enactment of new legislation, consultation was not required.
Commencement
This Instrument takes effect on the day after the day on which it is registered on the Federal Register of Legislative Instruments.
Overview
The Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 1 of 2011 is a legislative instrument introduced to address the need for clear definitions of higher education institutions, research institutions, and vocational education and training providers under the Nation-building Funds Act 2008. This instrument was enacted by the Education Minister and the Research Minister in accordance with section 4 of the Act, which mandates that these definitions be specified in a legislative instrument. The primary purpose of this instrument is to update the definition of a Vocational Education and Training Provider to reflect changes enacted by the National Vocational Education and Training Regulator Act 2011, thereby ensuring that the eligibility criteria for funding under the Act are aligned with the current regulatory framework. This legislative instrument does not alter the definitions of higher education institutions and research institutions, which remain as specified in the previous instrument from 2009. The changes concerning vocational education and training providers are a direct result of the establishment of the Vocational Education and Training National Regulator, necessitating an amendment to the definition to incorporate the new regulatory definitions.
Scope and Application
The Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 1 of 2011, issued under the authority of the Education Minister and the Research Minister, specifies definitions of higher education institutions, research institutions, and vocational education and training providers pursuant to section 4 of the Nation-building Funds Act 2008. This instrument is essential for determining eligibility for funding under the Act, as applicants must meet one of these specified definitions. The current instrument revokes the previous definition of Vocational Education and Training Provider from 2009 and introduces a new definition in alignment with the establishment of the Vocational Education and Training National Regulator on 1 July 2011. The new definition of vocational education and training provider encompasses all Registered Training Organisations as defined in the National Vocational Education and Training Regulator Act 2011, excluding any State schools providing secondary education. This legislative instrument applies to entities seeking funding under the Act and is effective immediately upon registration on the Federal Register of Legislative Instruments.
Key Provisions
Section 1.1.3 of the Specification of Higher Education Institutions, Research Institutions and Vocational Education and Training Providers No. 1 of 2011 (the Instrument) amends the definition of "vocational education and training provider". This section specifies that a vocational education and training provider is a Registered Training Organisation (RTO) as defined in section 3 of the National Vocational Education and Training Regulator Act 2011, excluding any school in a State that provides a level of secondary education. This definition is a departure from the previous definition under the Skilling Australia’s Workforce Act 2005, aligning with the establishment of the Vocational Education and Training National Regulator on 1 July 2011.
The obligations imposed by this Instrument on entities include ensuring that they meet the updated criteria for being recognised as a vocational education and training provider. This involves compliance with the definition stipulated in Section 1.1.3 and ensuring that they are listed on the National Register as a registered training organisation. Entities must also ensure that they do not fall under the exclusion of being a school in a State that provides a level of secondary education, as per the definitions provided in the Schools Assistance Act 2008.
There are no specific offences, penalties, or consequences outlined within this Instrument for non-compliance with the specified definitions. However, entities that do not meet the criteria for being a vocational education and training provider may not be eligible for funding or other benefits provided under the Nation-building Funds Act 2008. This lack of eligibility could have significant implications for entities seeking to access funds and support provided by the Australian government. The importance of adhering to the legislative definitions cannot be overstated, as non-compliance could potentially exclude entities from accessing necessary financial resources and support.