Student Identifiers (Exemptions) Amendment Instrument 2015 (No. 2)

EXPLANATORY STATEMENT

Student Identifiers (Exemptions) Amendment Instrument 2015 (No. 2)

Summary

The Student Identifiers (Exemptions) Instrument 2014 (the Principal Instrument) is made by the Minister for Vocational Education and Skills (the Minister) under subsection 53(3) of the Student Identifiers Act 2014 (the Act). 

The purpose of the Student Identifiers (Exemptions) Amendment Instrument 2015 (No. 2) (Amendment Instrument) is to extend the duration of the exemption contained in subsection 6(4) of the Principal Instrument.

Background

The Act and the Student Identifiers Regulation 2014 (the Regulation) provide for the introduction of a student identifier for individuals undertaking nationally recognised vocational education and training (VET) from 1 January 2015.  The Act and Regulation set out how the student identifier will be assigned, collected, used and disclosed and provides for the creation of an authenticated transcript of an individual’s record of nationally recognised training undertaken or completed after 1 January 2015. 

• On 16 December 2014, the Commonwealth Minister made the Principal Instrument pursuant to sub-section 53(3) of the Act. Sub-section 4(1) of the Act defines ‘Commonwealth Minister’ as the Minister administering the Act.
• Sub-section 53(1) of the Act specifies that a registered training organisation must not issue a VET qualification or a VET statement of attainment to an individual unless the individual has been assigned a student identifier.  Sub-section 53(2) of the Act specifies that sub-section 53(1) does not apply to an issue specified by the Minister under sub-section 53(3). 
• Subsection 6(4) of the Principal Instrument contains an exemption to this requirement that allows registered training organisations who deliver VET courses that last one day or less, to issue a VET qualification or VET statement of attainment to individuals who are unable to obtain a student identifier before the completion of the VET course.  This exemption is limited in duration and is due to expire on 1 January 2016.  The registered training organisations which qualify for this exemption have requested that this exemption be extended.
• The Amendment Instrument will extend the duration of the exemption in subsection 6(4) for a further year to 1 January 2017.

Authority

Sub-section 53(3) of the Act provides that the Commonwealth Minister may, by legislative instrument, specify an issue to which sub-section 53(1) does not apply. 

Subsection 33 (3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Consultation

Sub-section 53(4) of the Act requires the Minister to obtain the agreement of the Ministerial Council (currently the Industry and Skills Council) to the making of an instrument under sub-section 53(3).  Agreement of the Industry and Skills Council to the Amendment Instrument was obtained on 15 December 2015.

No additional consultation was undertaken as the Amendment Instrument is minor and machinery in nature and does not substantially alter existing arrangements; rather it simply extends the current arrangements for a further year.

Explanation of provisions

Section 1 – Name of instrument

Section 1 sets out the name of the instrument which is the Student Identifiers (Exemptions) Amendment Instrument 2015 (No. 2).

Section 2 – Commencement

Section 2 is the commencement provision which provides that the instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 - Authority

Section 3 provides that the authority to make the Amendment Instrument comes from subsection 53(3) of the Student Identifiers Act 2014.

Section 4 – Amendment

Section 4 provides that the Amendment Instrument amends the Principal Instrument as set out in Schedule 1.

SCHEDULE 1

Item 1

Item 1 of Schedule 1 provides for reference to “2016” to be replaced with reference to “2017” in Part 2, subsection 6(4) of the Principal Instrument.  This will extend the duration of the exemption in this subsection for a further year from January 2016 to January 2017.