Explanatory Statement
Standards for VET Regulators (Amendment) 2017
Purpose
The purpose of the Standards for VET Regulators (Amendment) 2017 instrument (the Amending Standard) is to amend the Standards for VET Regulators 2015 (F2014L01375) (the 2015 Standards) to require a VET Regulator to communicate clear and accurate information and advice to relevant VET stakeholders by publishing regulatory decisions at any time, provided no legal prohibitions apply to the publication.
Authority
Subsection 189(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 Regulators, as agreed by the Ministerial Council. Section 191 of the Act specifies that the Ministerial Council (currently the Council of Australian Governments (COAG) Industry and Skills Council (CISC)) is to give its agreement by resolution of the Ministerial Council passed in accordance with the procedures determined by the Ministerial Council.
Subsection 189(2) of the Act provides that the agreed standards are to be known as the Standards for VET Regulators.
Parliamentary scrutiny
The Amending Standard is exempt under subsection 44(1) and subsection 54(1) of the Legislation Act 2003 and is therefore not subject to disallowance or sunsetting.
Regulatory Impact
The Office of Best Practice Regulation has been consulted and has determined that a Regulatory Impact Statement is not required for this measure (OBPR ID: 21445).
Consultation
Currently, CISC is the council established by COAG to deal with training and skills and is therefore the Ministerial Council for the purposes of the Act. CISC agreed to the Amending Standard by resolution passed in accordance with CISC’s procedures
The three current VET Regulators, the Australian Skills Quality Authority, the Victorian Registration and Qualifications Authority and the Western Australian Training Accreditation Council, were also consulted on the Amending Standard.
Description of the Amending Standard
Clauses 1
Clause 1 specifies the name of the Amending Standard.
Clause 2
Clause 2 specifies that the Amending Standard will commence on the day after it is registered on the Federal Register of Legislation.
Clause 3
Clause 3 specifies the authority under which the Amending Standard is made.
Clause 4
Clause 4 specifies the definitions for terms used in the Amending Standard.
Clause 5
Clause 5 specifies that Standard 3.2 a) in Part 2 of the 2015 Standards is amended.
The amendment to Standard 3.2 a) requires a VET Regulator to communicate information and advice to relevant VET stakeholders, including publishing information about regulatory requirements, practice and its decisions to impose a sanction on a registered training organisation, and its reasons for imposing a sanction on a registered training organisation. A VET Regulator is required to do this to be compliant with Standard 3. A VET Regulator’s compliance with this requirement is only subject to any legal prohibition which may apply to the communication of information or advice to relevant VET stakeholders, including the publication of information about its decisions to impose a sanction on a registered training organisation, or the publication of its reasons for imposing a sanction on a registered training organisation.
The intended effect of the amendment to Standard 3.2 a) is to clarify that a VET Regulator may communicate, including publishing, information about its regulatory decisions at any time after they are made, including before the conclusion of any review or appeal periods. However, the publication of a VET Regulator’s regulatory decision is subject to any legal prohibitions that may apply. The amendment allows for decisions to be published in circumstances where such lawful disclosure would reasonably inform a person’s choice to enrol as a VET student with a registered training organisation, or would encourage improvement in the quality of VET services.
Overview
The Standards for VET Regulators (Amendment) 2017 (F2017L00432) amends the Standards for VET Regulators 2015 to enhance transparency and accountability in the vocational education and training (VET) sector. Enacted under subsection 189(1) of the National Vocational Education and Training Regulator Act 2011, the amendment mandates VET regulators to communicate clear and accurate information to relevant stakeholders by publishing regulatory decisions at any time, provided there are no legal prohibitions against such publication. This legislative instrument aims to improve the quality of VET services and better inform prospective students by ensuring that VET regulators can disclose their decisions and the reasons for sanctions imposed on registered training organisations. The Council of Australian Governments (COAG) Industry and Skills Council agreed to the amendment, reflecting a policy objective to foster transparency and quality within the VET sector. The Amending Standard is exempt from parliamentary scrutiny and does not require a Regulatory Impact Statement.
Scope and Application
The Standards for VET Regulators (Amendment) 2017 applies to Vocational Education and Training (VET) regulators in Australia, specifically those responsible for ensuring the quality and standards of vocational education and training across various sectors and industries. This legislation amends the existing Standards for VET Regulators 2015 to mandate that VET regulators communicate clear and accurate information and advice to relevant VET stakeholders, including the publication of regulatory decisions, provided no legal prohibitions apply. The amendment ensures that VET regulators can publish information about their regulatory decisions, practices, and sanctions imposed on registered training organisations, thereby enhancing transparency and enabling stakeholders to make informed choices. The Act applies to the Commonwealth level and extends its reach to all VET regulators within Australia, with the intention of improving the quality of VET services and encouraging better educational choices for students. The Act does not specify any exclusions or exemptions, but its application is contingent upon compliance with any existing legal prohibitions. The Amending Standard is made under the authority of the National Vocational Education and Training Regulator Act 2011, which allows the Minister to establish standards for VET regulators through legislative instruments, subject to agreement by the Ministerial Council.
Key Provisions
The Standards for VET Regulators (Amendment) 2017 (the Amending Standard) primarily amends Standard 3.2 a) in Part 2 of the Standards for VET Regulators 2015 (the 2015 Standards) (clause 5). This amendment requires a VET Regulator to communicate clear and accurate information and advice to relevant Vocational Education and Training (VET) stakeholders by publishing regulatory decisions at any time, provided no legal prohibitions apply to the publication (clause 5). Specifically, the VET Regulator must publish information about regulatory requirements, practices, and decisions to impose sanctions on registered training organisations, along with the reasons for such sanctions (clause 5). This amendment allows VET Regulators to publish their decisions and reasons for imposing sanctions on registered training organisations at any time after they are made, even before the conclusion of any review or appeal periods (clause 5).
The obligations imposed by the Amending Standard on VET Regulators include the requirement to publish regulatory decisions and reasons for sanctions to relevant stakeholders. This includes information about regulatory requirements, practices, and the imposition of sanctions on registered training organisations. The publication of such information must be done in a clear and accurate manner and is subject to any applicable legal prohibitions (clause 5). This obligation aims to ensure transparency and to inform stakeholders, including potential VET students, about the VET Regulator's actions and decisions.
The Amending Standard does not explicitly state any specific offences, penalties, or consequences for breaches of the amended Standard 3.2 a). However, the overarching legislation, the National Vocational Education and Training Regulator Act 2011, may contain provisions that address non-compliance with the standards set by the Minister. It is likely that failure to comply with the communication requirements could result in regulatory action or other consequences as prescribed by the Act or related regulations. The exact nature of these consequences would depend on the specific circumstances of the breach and the provisions of the broader legislative framework.