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.
Overview
The Student Identifiers Act 2014 was enacted to establish a system for assigning unique identifiers to students in Australia, aiming to streamline the administration of student records and enhance the security and privacy of personal information in the vocational education and training (VET) sector. The Act was introduced by the Australian Parliament to address issues related to the management and protection of student data, ensuring that it is handled responsibly and in compliance with privacy laws. The primary policy objective of the Act is to create a reliable and secure system for student identification, which facilitates the verification of student credentials and the issuance of qualifications, while also safeguarding personal information against misuse. The enacting body for this legislation was the Parliament of Australia, reflecting the national importance of standardising and securing student data across educational institutions.
Scope and Application
The Student Identifiers Act 2014 applies to individuals who require a student identifier for vocational education and training (VET), registered training organisations (RTOs), and entities or bodies involved in VET. The Act mandates the Student Identifiers Registrar to assign a unique identifier to each individual upon application and to manage the verification and disclosure of these identifiers. The Act imposes obligations on RTOs to ensure that they do not issue VET qualifications or statements of attainment to individuals without a student identifier from 2015 onwards. It also includes provisions for the protection of student identifiers from misuse and regulates the collection, use, and disclosure of these identifiers to safeguard privacy. The Act’s jurisdiction is national, covering all educational institutions and vocational training providers within Australia. Exclusions and exemptions are not explicitly stated in the Proclamation, but compliance with privacy laws under the Privacy Act 1988 is mandated for any breaches. The Act's application may be further defined through subordinate instruments, which are not detailed in the Proclamation.
Key Provisions
The Student Identifiers Act 2014, as proclaimed under the authority of the Minister for Industry, sets out the provisions for the assignment and use of student identifiers. Sections 3 to 52 and sections 54 to 57, which pertain to the assignment of identifiers and the protection of records, commenced on 27 June 2014, with a default commencement date six months after Royal Assent if not otherwise specified. The key provision of the Act, as per section 3, mandates that the Student Identifiers Registrar assigns a student identifier to an individual upon application. This identifier is to be verified or disclosed on request by the individual or entities involved in vocational education and training (VET). The Act explicitly protects these identifiers from misuse and prohibits unauthorised collection, use, or disclosure of an individual's identifier, except as permitted by the Act. The Information Commissioner has the authority to address breaches of these privacy rules under the Privacy Act 1988. Additionally, the Registrar can provide authenticated VET transcripts to the individual or relevant bodies, subject to the individual's access controls.
The Act imposes several obligations on the parties it governs. The Registrar must ensure that student identifiers are assigned correctly and protected against misuse. Registered training organisations are required to verify that an individual has a student identifier before issuing VET qualifications or statements of attainment, as per section 53, which commenced on 1 January 2015. Entities involved with VET must comply with the Act's provisions on the collection, use, and disclosure of student identifiers, ensuring they do not act without the individual's consent unless authorised by the Act. The Act also places a responsibility on the Registrar to manage and secure records of student identifiers effectively, preventing any potential misuse.
Breaches of the Act's provisions carry specific consequences. The unauthorised collection, use, or disclosure of a student identifier without consent is strictly prohibited and may be dealt with by the Information Commissioner as an interference with privacy under the Privacy Act 1988. Section 53 further stipulates that registered training organisations are not to issue VET qualifications or statements of attainment to individuals without a student identifier after 2014, highlighting the importance of adhering to the Act's requirements. While the explanatory statement does not detail specific penalties for breaches, it is clear that non-compliance with the Act's provisions can result in significant legal and administrative consequences.