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.
Overview
The Student Identifiers (Exemptions) Amendment Instrument 2015 (No. 2) was enacted to extend the exemption period provided in the Student Identifiers (Exemptions) Instrument 2014, which was itself made under the Student Identifiers Act 2014. The primary objective of the Student Identifiers Act 2014 was to establish a unique student identifier for individuals engaged in nationally recognised vocational education and training (VET) from 1 January 2015. This Act, along with the Student Identifiers Regulation 2014, governs how these identifiers are assigned, collected, used, and disclosed, and facilitates the creation of authenticated transcripts of an individual’s VET record. The exemption in question, originally set to expire on 1 January 2016, allows registered training organisations delivering VET courses of one day or less to issue qualifications or statements of attainment to students who cannot obtain an identifier before course completion. The Amendment Instrument extends this exemption to 1 January 2017, responding to requests from the relevant training organisations.
Scope and Application
The Student Identifiers (Exemptions) Amendment Instrument 2015 (No. 2) is a legislative instrument made by the Minister for Vocational Education and Skills under subsection 53(3) of the Student Identifiers Act 2014. This amendment serves to extend the exemption for registered training organisations that deliver vocational education and training (VET) courses lasting one day or less, allowing them to issue VET qualifications or statements of attainment to individuals who cannot obtain a student identifier before the course's completion. This exemption, initially set to expire on 1 January 2016, is extended for an additional year, now expiring on 1 January 2017. The Student Identifiers Act 2014, along with the Student Identifiers Regulation 2014, mandates the introduction of student identifiers for individuals undertaking nationally recognised VET from 1 January 2015, governing how these identifiers are assigned, collected, used, and disclosed. The exemption applies specifically to registered training organisations delivering short-duration VET courses and is confined to the Commonwealth jurisdiction.
Key Provisions
The main operative sections of the Student Identifiers (Exemptions) Amendment Instrument 2015 (No. 2) (Amendment Instrument) pertain primarily to extending the exemption period for certain vocational education and training (VET) courses. Section 4 of the Amendment Instrument specifies that it amends the Student Identifiers (Exemptions) Instrument 2014 (Principal Instrument) as detailed in Schedule 1. Specifically, Schedule 1, Item 1, modifies Part 2, subsection 6(4) of the Principal Instrument by changing the reference from "2016" to "2017". This change extends the exemption period for registered training organisations (RTOs) that deliver VET courses lasting one day or less, allowing them to issue VET qualifications or statements of attainment to individuals who cannot obtain a student identifier before the course completion.
The obligations and requirements imposed by the Act on the relevant parties include the necessity for RTOs to assign a student identifier to individuals undertaking nationally recognised VET from 1 January 2015, as stipulated in subsection 53(1). However, subsection 53(2) of the Act exempts certain issues specified by the Minister under subsection 53(3). This exemption, now extended to 1 January 2017, permits RTOs delivering short VET courses to issue qualifications or statements of attainment to students who cannot obtain a student identifier before course completion. The Act also mandates the collection, use, and disclosure of student identifiers as per the Act and the Student Identifiers Regulation 2014.
The Amendment Instrument introduces no new offences or penalties but extends the exemption period specified in subsection 6(4) of the Principal Instrument. Any breaches of the requirements set out in the Act and Regulation, such as issuing VET qualifications without a student identifier where not exempted, could result in civil or criminal consequences as prescribed under the Act. The penalties for such breaches would be determined by the specific provisions of the Student Identifiers Act 2014 and the Student Identifiers Regulation 2014, which are not detailed in the Amendment Instrument itself.