Explanatory Statement
Standards for VET Accredited Courses made under the National Vocational Education and Training Regulator Act 2011
Issued by the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations
Subject: National Vocational Education and Training Regulator Act 2011
Standards for VET Accredited Courses
Authority
Subsection 188(1) of the National Vocational Education and Training Regulator Act 2011 (the Act) provides that the Minister may, by legislative instrument, make standards for VET accredited courses, as agreed by the Ministerial Council. Subsection 188(2) of the Act provides that the agreed standards are to be known as the Standards for VET Accredited Courses.
In accordance with sections 44 and 54 of the Legislative Instruments Act 2003, the Standards for VET Accredited Courses (the Standards) are not subject to disallowance or sunsetting.
Purpose and Operation
The purpose of the Standards is to formally identify the requirements for accrediting VET courses previously found in the Australian Quality Training Framework (AQTF).
The Standards have adopted the existing AQTF standards for accredited courses. The Standards are not intended to change the existing standards for accrediting courses found in the AQTF except where necessary to reflect the new legislative regime. Compliance with the Standards is a requirement for accreditation of a VET course by the National VET Regulator. The objectives of the Standards are to ensure that the requirements for accrediting courses are met.
Consultation
Before the Minister made the Standards, following consultation was undertaken:
> The Standards were discussed with representatives from each State and Territory at meetings held on 3 March 2011 and 24 May 2011.
> On 20 and 21 April 2011 a consultation meeting was held with stakeholders (unions, training provider peak bodies, employer groups, industry bodies and State and Territory representatives) that included discussion of the draft Standards.
> The Standards were circulated to the Ministerial Council for endorsement which was received on 24 June 2011.
Description of the provisions of the Standards for VET Accredited Courses 2011
Part 1—Preliminary
Division 1—Arrangements on commencement
VAC 1: Name of Standards
VAC 1 names the Standards for VET Accredited Courses 2011.
VAC 2: Commencement
VAC 2 provides that the Standards commence on the later of 1 July 2011 or the day after registration on the Federal Register of Legislative Instruments
VAC 3: Definitions
VAC 3 defines terms used throughout the Standards and clarifies the application of the Standards.
Part 2—Introduction and purpose
VAC 4: Introduction
VAC 4 provides an explanation of accredited courses.
VAC 5: Purpose of the standards
VAC 5 sets out the purpose of the Standards to set out requirements to be considered by the National VET Regulator prior to making a decision about a course put forward for accreditation.
Part 3 – Course design standards
VAC 6: Duplication
VAC 6 clarifies applications for course accreditation will not be successful if the course duplicates the outcomes of an existing endorsed Training Package qualification.
VAC 7: Course design standards
VAC 7 sets out in detail the course design standards for an accredited course.
Part 4 – Obligations of persons in respect of whom a course is accredited
VAC 8: Obligations of persons in respect of whom a course is accredited
VAC 8 identifies the obligations of a person in respect of whom a course is accredited, throughout the course accreditation period.
Appendix 1
The appendix contains the template for course documentation for accreditation that should be used by an applicant seeking accreditation of a course.
Overview
The Standards for VET Accredited Courses 2011, enacted under the National Vocational Education and Training Regulator Act 2011, were introduced to formalise the requirements for accrediting vocational education and training (VET) courses previously outlined in the Australian Quality Training Framework (AQTF). This legislation was enacted by the Parliament of Australia and is administered by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations. The primary objective of the Standards is to ensure that the requirements for accrediting courses are clearly defined and met, thereby facilitating the accreditation process conducted by the National VET Regulator. The Standards were developed following extensive consultation with various stakeholders, including representatives from states and territories, unions, training provider peak bodies, employer groups, and industry bodies, to ensure that the new legislative framework adequately reflects the existing practices and standards.
These Standards adopt the existing AQTF standards for accredited courses while introducing necessary adjustments to align with the new legislative regime. Compliance with these Standards is mandatory for the accreditation of VET courses by the National VET Regulator, ensuring a consistent and transparent process for accrediting vocational education courses across Australia. The Standards do not undergo disallowance or sunsetting, as stipulated by the Legislative Instruments Act 2003, thereby providing enduring regulatory certainty for course accreditation.
Scope and Application
The Standards for VET Accredited Courses made under the National Vocational Education and Training Regulator Act 2011 applies to any person or entity seeking accreditation for Vocational Education and Training (VET) courses in Australia. These Standards are intended to ensure that the requirements for accrediting courses are met, thereby maintaining the quality and integrity of the VET sector. The Standards apply nationally, as they are set by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, in consultation with representatives from each state and territory, and endorsed by the Ministerial Council. The Standards are not subject to disallowance or sunsetting, thus providing a stable regulatory environment for VET providers. However, the Standards do not extend to courses that are already accredited under the Australian Quality Training Framework (AQTF), except where necessary to reflect the new legislative regime. The Standards also include provisions for the obligations of persons in respect of whom a course is accredited, ensuring that these obligations are met throughout the course accreditation period.
Key Provisions
The Standards for VET Accredited Courses 2011, as outlined in the legislation, provide a comprehensive framework for the accreditation of vocational education and training (VET) courses in Australia. Section 188(1) of the National Vocational Education and Training Regulator Act 2011 (the Act) empowers the Minister to make standards for these courses, which are then agreed upon by the Ministerial Council. These agreed standards are referred to as the Standards for VET Accredited Courses (the Standards) and are detailed in Part 1 of the legislation, which also includes preliminary arrangements and definitions. The Standards were designed to formalise the requirements for accrediting VET courses previously found in the Australian Quality Training Framework (AQTF) and are intended to be consistent with the existing AQTF standards, with any necessary updates to reflect the new legislative regime.
The Standards impose several obligations on the parties involved in the accreditation of VET courses. Under VAC 6, it is stipulated that applications for course accreditation will not be successful if the course duplicates the outcomes of an existing endorsed Training Package qualification. VAC 7 further elaborates on the detailed course design standards that must be met for an accredited course. Additionally, VAC 8 sets out the obligations of a person in respect of whom a course is accredited, throughout the course accreditation period. These obligations are intended to ensure that accredited courses meet the necessary quality and educational standards.
Failure to comply with the Standards can result in various consequences. While specific offences and penalties are not detailed within the Standards themselves, it is understood that non-compliance with the accreditation requirements could lead to legal action under the Act. Accredited courses that do not meet the Standards may face de-accreditation, and the providers of these courses could be subject to further scrutiny and regulatory action. It is important for all parties involved in the accreditation process to adhere to the Standards to avoid any potential legal repercussions.