EXPLANATORY STATEMENT
Proclamation
Issued by the Authority of the Minister for Industry
Student Identifiers Act 2014
Items 2 and 4 of the table under subsection 2(1) of the Student Identifiers Act 2014 (the Act) provides that sections 3 to 52 and sections 54 to 57 of the Act shall commence on a day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of six (6) months beginning on the day the Act receives the Royal Assent, they commence on the day after the end of that period.
The purpose of the Proclamation is to fix 27 June 2014 as the day on which sections 3 to 52 and sections 54 to 57 of the Act commence.
Sections 3 to 52 and sections 54 to 57 of the Act provide for the assignment by the Student Identifiers Registrar of a student identifier to an individual on application. On request by an individual, or an organisation or body involved with vocational education and training, the Registrar may verify that an identifier is the individual’s student identifier, or give the individual’s student identifier. Records of student identifiers must be protected from misuse. Collection, use and disclosure of an individual’s student identifier without the individual’s consent is prohibited, unless it is authorised by the Act. The Information Commissioner may deal with breaches of these rules as interferences with privacy under the Privacy Act 1988. On request, the Registrar may give all or part of an authenticated VET transcript of an individual who has a student identifier to the individual, a registered training organisation or a VET related body. This is subject to access controls set by the individual.
Section 53 of the Act shall commence on 1 January 2015. Section 53 of the Act requires that generally a registered training organisation must not issue a VET qualification or VET statement of attainment to an individual after 2014 unless the individual has a student identifier.
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 27 June 2014 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.