Student Identifiers (Exemptions) Amendment Instrument 2016

Administered by Department of Education

Legislation au F2016L02003 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Student Identifiers (Exemptions) Amendment Instrument 2016

 

Summary

 

The Student Identifiers (Exemptions) Instrument 2014 (the Principal Instrument) is made by the Assistant 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 2016 (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 subsection 53(3) of the Act. Subsection 4(1) of the Act defines ‘Commonwealth Minister’ as the Minister administering the Act.
  • Subsection 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.  Subsection 53(2) of the Act specifies that subsection 53(1) does not apply to an issue specified by the Minister under subsection 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 was due to expire on 1 January 2016.
  • Registered training organisations caught by the exemption requested that the exemption be extended.  The Student Identifiers (Exemptions) Amendment Instrument 2015 (No. 2) extended this exemption for a year to 1 January 2017.
  • The Amendment Instrument will extend the duration of the exemption in subsection 6(4) for a further year to 1 January 2018.

 

Authority

 

Subsection 53(3) of the Act provides that the Commonwealth Minister may, by legislative instrument, specify an issue to which subsection 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

 

Subsection 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 subsection 53(3).  Agreement of the Industry and Skills Council to the Amendment Instrument was obtained on 9 December 2016.

 

No additional consultation was undertaken as the Amendment Instrument is minor and machinery in nature and does not substantially alter existing arrangements; rather it 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 2016.

 

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 Legislation.

 

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 “2017” to be replaced with reference to “2018” 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 2017 to January 2018.


 

 

 

 

 


 

Overview

The Student Identifiers (Exemptions) Amendment Instrument 2016 was introduced to address a specific issue identified within the framework of the Student Identifiers Act 2014. The Act established a system of student identifiers for individuals undertaking nationally recognised vocational education and training (VET), with the primary aim of ensuring that registered training organisations could issue VET qualifications and statements of attainment only to individuals who have been assigned these identifiers. However, to facilitate the smooth transition to this new system, an exemption was initially provided under the Student Identifiers (Exemptions) Instrument 2014, allowing registered training organisations to issue qualifications or statements of attainment to individuals unable to obtain a student identifier before completing one-day courses. This exemption was due to expire on 1 January 2016, prompting a request for its extension by the registered training organisations. The Amendment Instrument extends this exemption by a further year, to 1 January 2018, thereby allowing continued flexibility in the application of the student identifiers system. The instrument was enacted by the Assistant Minister for Vocational Education and Skills under the authority granted by subsection 53(3) of the Student Identifiers Act 2014, following the agreement of the Industry and Skills Council as required by subsection 53(4) of the Act.

Scope and Application

The Student Identifiers (Exemptions) Amendment Instrument 2016 amends the Student Identifiers (Exemptions) Instrument 2014 to extend an exemption concerning student identifiers for nationally recognised vocational education and training. This legislation applies to registered training organisations that deliver VET courses lasting one day or less, allowing them to issue VET qualifications or statements of attainment to individuals who are unable to obtain a student identifier before the completion of the course. The exemption applies nationally across Australia, as the Act and the Regulation were designed to standardise the student identifier process for VET across the Commonwealth. The Amendment Instrument extends the exemption duration from 1 January 2017 to 1 January 2018, providing additional flexibility for these organisations in meeting their obligations under the Act. The authority to make this amendment stems from the Student Identifiers Act 2014, and the Minister obtained the necessary agreement from the Industry and Skills Council before proceeding with the Amendment Instrument.

Key Provisions

The main operative sections of the Student Identifiers (Exemptions) Amendment Instrument 2016 (Amendment Instrument) include the authority to extend the exemption for registered training organisations that deliver vocational education and training (VET) courses lasting one day or less, which is provided under section 3, and the amendment to the Principal Instrument, outlined in section 4. Specifically, Item 1 of Schedule 1 amends Part 2, subsection 6(4) of the Student Identifiers (Exemptions) Instrument 2014 to replace the reference to “2017” with “2018,” thereby extending the exemption duration by another year. The obligations imposed by this Amendment Instrument primarily concern registered training organisations that deliver short VET courses. These organisations must comply with the exemption, allowing them to issue VET qualifications or statements of attainment to individuals who cannot obtain a student identifier before the course completion. The amendment extends this exemption, so registered training organisations must ensure that their practices align with the updated timeframe until January 2018. The Act does not explicitly outline offences, penalties, or consequences for breaches of the exemptions. However, it is important to note that failure to comply with the conditions set out in the Student Identifiers Act 2014 and the related regulations could potentially lead to legal repercussions. Specifically, if a registered training organisation issues a VET qualification or statement of attainment without a student identifier when not covered by the exemption, it could be viewed as non-compliance with the Act, potentially leading to enforcement actions by the relevant authorities. The exact penalties for such breaches would depend on the specific circumstances and any additional legislative provisions that may apply.

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Education Law
Instrument
Regulation
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Commencement Provisions
Exemptions & Exclusions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.