Student Identifiers (Exemptions) Amendment Instrument 2015 (No. 1)

Overview

The Student Identifiers (Exemptions) Amendment Instrument 2015 (No.1) was enacted to rectify a typographical error identified in the Student Identifiers (Exemptions) Instrument 2014. This amendment was introduced under the authority granted by subsection 53(3) of the Student Identifiers Act 2014 and made by the Assistant Minister for Education and Training. The primary objective of this amendment was to address concerns raised by the Senate Standing Committee of Regulations and Ordinances, as expressed in Delegated Legislation Monitor No.1 of 2015. The Act itself, along with the Student Identifiers Regulation 2014, was designed to establish a student identifier system for individuals engaged in nationally recognised vocational education and training from 1 January 2015. This system aims to streamline the assignment, collection, use, and disclosure of student identifiers and to facilitate the creation of authenticated transcripts for individuals' records of nationally recognised training undertaken or completed post 1 January 2015.

Scope and Application

The Student Identifiers (Exemptions) Amendment Instrument 2015 (No.1) amends the Student Identifiers (Exemptions) Instrument 2014 to rectify a typographical error in paragraph 6(1)(b) of the Principal Instrument. This amendment addresses concerns raised by the Senate Standing Committee of Regulations and Ordinances regarding a minor error in the original instrument. The purpose of this amendment is to ensure clarity and accuracy in the exemption provisions outlined in the Principal Instrument. The Amendment Instrument applies to registered training organisations and students in the vocational education and training sector in Australia, aligning with the requirements set out in the Student Identifiers Act 2014 and the associated regulations. The Amendment Instrument is made under subsection 53(3) of the Student Identifiers Act 2014, allowing the Commonwealth Minister to specify issues to which subsection 53(1) does not apply. The amendment specifically corrects an error in the Principal Instrument, ensuring that registered training organisations can issue a VET qualification under certain conditions. The Amendment Instrument does not alter the scope or application of the original exemptions beyond correcting the identified typographical error. It commences on the day after its registration on the Federal Register of Legislative Instruments, thereby maintaining the intended regulatory framework for student identifiers in the VET sector.

Key Provisions

The main sections of the Student Identifiers (Exemptions) Amendment Instrument 2015 (No.1) (the Amendment Instrument) amend the Student Identifiers (Exemptions) Instrument 2014 (the Principal Instrument) to correct a typographical error. Section 1 of the Amendment Instrument establishes its name, while Section 2 stipulates that it will commence on the day after its registration on the Federal Register of Legislative Instruments. Section 3 references the authority for the Amendment Instrument under subsection 53(3) of the Student Identifiers Act 2014, and Section 4 details the amendment of the Principal Instrument as outlined in Schedule 1. The Schedule specifically corrects a typographical error in paragraph 6(1)(b) of the Principal Instrument by inserting the word "issue" after "can," thereby clarifying that registered training organisations can issue a VET qualification. The Amendment Instrument imposes certain obligations on registered training organisations. Under the Student Identifiers Act 2014, these organisations must not issue a VET qualification or a VET statement of attainment unless the individual has been assigned a student identifier, as per subsection 53(1). However, subsection 53(2) of the Act allows for exemptions specified in subsection 53(3). The Amendment Instrument ensures that the Principal Instrument correctly specifies these exemptions, thereby clarifying the conditions under which registered training organisations can issue qualifications without assigning a student identifier. Failure to comply with the requirements set out in the Student Identifiers Act 2014 and the Amendment Instrument can result in various consequences. For example, if a registered training organisation issues a VET qualification or statement of attainment without assigning a student identifier when required, it may face civil or administrative penalties. The precise penalties are not detailed in the Amendment Instrument but would typically involve fines or other sanctions under the overarching legislation. The maximum penalties would be determined by the specific provisions of the Student Identifiers Act and any relevant administrative or regulatory guidelines. In summary, the Student Identifiers (Exemptions) Amendment Instrument 2015 (No.1) serves to correct a typographical error in the Principal Instrument, ensuring that registered training organisations understand the conditions under which they can issue VET qualifications without assigning a student identifier. This amendment helps maintain the integrity of the student identifier system while clarifying the obligations and permissible actions for registered training organisations. Non-compliance with the Act's requirements can lead to civil or administrative penalties, although the exact penalties are not specified in the Amendment Instrument itself.