EXPLANATORY STATEMENT
Issued by the authority of Andrew Giles, Minister for Skills and Training
Student Identifiers Act 2014
Student Identifiers (VET Exemptions) Amendment (Data Streamlining) Instrument 2026
AUTHORITY
The Student Identifiers (VET Exemptions) Amendment (Data Streamlining) Instrument 2026 (Amendment Instrument) is made under subsection 53(3) of the Student Identifiers Act 2014 (Act).
Paragraph 53(3)(a) of the Act empowers the Commonwealth Minister to, by legislative instrument, specify the circumstances in which a Registered Training Organisation (RTO) can issue a qualification to an individual who has not been assigned a unique student identifier (USI).
Under subsection 33(3) of the Acts Interpretation Act 1901, 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.
BACKGROUND
The VET Data Streamlining (VDS) program is a Commonwealth government program focused on reforming the VET data reporting system. As part of the program, changes have been made to the National Vocational Education and Training Regulator (Data Provision Requirements) Instrument 2020 (DPRs) by the National Vocational Education and Training
Regulator (Data Provision Requirements) Amendment (Data Streamlining) Instrument 2026 (DPR Amendment Instrument). The DPRs are made under section 187 of the National Vocational Education and Training Regulator Act 2011.
Previously, the DPRs required that a National VET Regulator (NVR) RTO must provide data as required under the National VET Data Policy (NVDP). The NVDP provides that the National VET Regulator can exempt an NVR RTO from the requirement to report certain data if that NVR RTO meets specific criteria set out in the NVDP. As part of the VDS program, NVR RTOs will be required to report data specified in a new VET Information Standard in accordance with the DPRs and the criteria that need to be met in order to be granted an exemption will be set out in a new VET Data Provision Exemptions Policy (Exemptions Policy). These changes are technical in nature and do not represent a policy change in relation to the way, or the basis upon which an exemption will be granted.
The DPR Amendment Instrument is being implemented progressively from its effective date of 1 October 2026, with the NVDP continuing to operate during the transitional period for RTOs until their transition to the new laws. That transitional period ends for all RTOs on 31 December 2028.
PURPOSE AND OPERATION
Subsection 53(1) of the Act provides that an RTO must not issue a VET qualification or VET statement of attainment to an individual unless the individual has been assigned a USI.
The Student Identifiers (VET Exemptions) Instrument 2021 (Principal Instrument) sets out exemptions from the application of subsection 53(1), so that a VET qualification or VET statement of attainment may be issued to an individual who does not have a USI.
Paragraph 7(a) of the Principal Instrument provides class exemptions from the application of subsection 53(1) of the Act to RTOs that are exempt from the requirement to report certain data under the DPRs by reference to criteria set out in the NVDP. Following the amendment to the DPRs, exemptions will in most instances be granted by reference to criteria set out in the Exemptions Policy. This requires commensurate changes to the Principal Instrument.
The Amendment Instrument inserts new paragraph 7(ab) into the Principal Instrument to provide class exemptions for RTOs by reference to the Exemptions Policy. The basis upon which an RTO will be exempt from the application of subsection 53(1) of the Act will be consistent for data that is reported in accordance with the NVDP and the DPRs. Accordingly, in addition to the circumstances provided by existing paragraph 7(a), an RTO that has been granted an exemption in accordance with the Exemptions Policy, will also be entitled to issue a VET qualification or VET statement of attainment to an individual who has not been assigned a USI where:
• section 4 of the Exemptions Policy provides that the RTO can rely on the national security, border protection and policing exemption; or
• section 5 of the Exemptions Policy provides that the RTO can rely on the delivery of emergency or safety community services exemption.
The Amendment Instrument will apply to an RTO on and from the date on which the DPR Amendment Instrument applies to that RTO. Accordingly, the Amendment Instrument will apply to RTOs at different times depending on:
• the date on which the RTO was registered;
• whether the RTO has an arrangement with a state training authority for the early or late transition to reporting in accordance with the DPR Amendment Instrument; and
• whether the RTO is required to report data that relates to nationally recognised school training.
COMMENCEMENT
The Amendment Instrument commences on the later of:
• the day after the Amendment Instrument is registered on the Federal Register of Legislation; and
• the day the National Vocational Education and Training Regulator (Data Provision Requirements) Amendment (Data Streamlining) Instrument 2026 commences.
CONSULTATION
The Department has consulted with:
• representatives of state and territories through the VET Data Streamlining program governance forums
• the Department of Education
• the Office of Student Identifiers Registrar
• the Office of Australian Information Commission
• the Office of Impact Analysis
• the National Centre for Vocational Education Research
• the Australian Skills Quality Authority
• the Attorney-General’s Department
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Student Identifiers (VET Exemptions) Amendment (Data Streamlining) Instrument 2026
The Student Identifiers (VET Exemptions) Amendment (Data Streamlining) Instrument 2026 (Amendment Instrument) 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 Amendment Instrument
Subsection 53(1) of the Act provides that an RTO must not issue a VET qualification or VET statement of attainment to an individual unless the individual has been assigned a USI.
The Student Identifiers (VET Exemptions) Instrument 2021 (Principal Instrument) sets out exemptions from subsection 53(1), so that a VET qualification or VET statement of attainment can be issued to an individual who does not have a USI.
Paragraph 7(a) of the Principal Instrument provides class exemptions from the application of subsection 53(1) of the Act to RTOs that are exempt from the requirement to report certain data under the DPRs by reference to criteria set out in the NVDP. Following the amendment to the DPRs, exemptions will in most instances be granted by reference to criteria set out in the VET Data Provision Exemptions Policy (Exemptions Policy). This requires commensurate changes to the Principal Instrument are required.
The Amendment Instrument inserts new paragraph 7(ab) into the Principal Instrument to provide class exemptions for RTOs by reference to the Exemptions Policy. The basis upon which an RTO will be exempt from the application of subsection 53(1) of the Act will be consistent for data that is reported in accordance with the NVDP and the DPRs. Accordingly, in addition to the circumstances provided by existing paragraph 7(a), an RTO that has been granted an exemption in accordance with the Exemptions Policy, will be entitled to issue a VET qualification or VET statement of attainment to an individual who has not been assigned a USI where:
• section 4 of the Exemptions Policy provides that the RTO can rely on the national security, border protection and policing exemption; or
• section 5 of the Exemptions Policy provides that the RTO can rely on the delivery of emergency or safety community services exemption.
The Amendment Instrument will apply to an RTO on and from the date on which the DPR Amendment Instrument applies to that RTO. Accordingly, the Amendment Instrument will apply to RTOs at different times depending on:
• the date on which the RTO was registered;
• whether the RTO has an arrangement with a state training authority for the early or late transition to reporting in accordance with the DPR Amendment Instrument; and
• whether the RTO is required to report data that relates to nationally recognised school training.
Human rights implications
The Amendment Instrument engages:
• the right to education – article 28 of the Convention on the Rights of the Child and article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR);
• the right to privacy – article 17 of the International Covenant on Civil and Political Rights (ICCPR); and
• the right to work – article 6 of the ICESCR.
Right to education
The Amendment Instrument engages the right to education and vocational information contained in article 28 of the Convention on the Rights of the Child, and through that, the right to education contained in article 13 of the ICESCR. These articles recognise the important personal, societal, economic and intellectual benefits of education.
Paragraph 13(2)(b) of the ICESCR provides that secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education.
Subsection 53(1) of the Act provides that an RTO must not issue a VET qualification or VET statement of attainment to an individual who has not been assigned a USI. While subsection 53(1) of the Act may restrict an RTO from issuing a VET qualification or a VET statement of attainment to an individual without a USI, those individuals will not be prevented from accessing and participating in VET courses. To the extent that the Act may limit a person’s access to education where evidence of a VET qualification or a VET statement of attainment is a course prerequisite, the class exemptions that will be prescribed under paragraphs 7(a) and 7(ab) of the Principal Instrument after the Amendment Instrument is made will promote the right to education by exempting certain RTOs from the prohibition in subsection 53(1) of the Act. The class exemptions prescribed under section 7 of the Principal Instrument will allow those individuals to access VET qualifications and VET statements of attainment without having a USI.
To the extent that the right to education is limited by the exemption regime, such limitation is reasonable and proportionate to the overriding policy objective of the student identifier scheme. Namely, to create a single repository of records of VET student enrolments and achievements so that students can access a consolidated electronic record of VET attainments over their lifetime and, in turn, RTOs can readily confirm students’ prerequisite course work or properly assess their prior learning.
The Amendment Instrument is compatible with and promotes the right to education.
Right to privacy and reputation
The Amendment Instrument engages the right to privacy contained in Article 17 of the ICCPR. Article 17 of the ICCPR prohibits unlawful or arbitrary interferences with a person's privacy, family, home and correspondence. It also prohibits unlawful attacks on a person's reputation. It provides that persons have the right to the protection of the law against such interference or attacks.
The right to privacy also includes the right to control the dissemination of information about one's private life and requires that States Parties take effective measures to ensure that information concerning a person’s private life does not reach the hands of persons who are not authorised by law to receive, process and use it. It also requires that legislation must specify in detail the precise circumstances in which an interference with privacy will be permitted. The right to privacy may be subject to permissible limitations where the limitation pursues a legitimate objective; is rationally connected to that objective; and is a proportionate means of achieving that objective.
Individuals interacting with the student identifiers scheme are provided with a privacy notice, consistent with Australian Privacy Principle (APP) 5, in Schedule 1 to the Privacy Act 1988 (Privacy Act), detailing amongst other things, the legislative basis for the collection of the personal information, the reasons for collecting the personal information, how the personal information will be used and how an individual may access their personal information.
The Amendment Instrument supports the right to privacy by providing exemptions to certain registered training organisations from the requirement to collect a USI from certain individuals in order to issue those individuals with a VET qualification or a VET statement of attainment. Implicitly, this allows certain individuals to avoid having their personal information – in the form of a USI – collected while still being able to receive their VET qualification or VET statement of attainment.
In the context where an exemption is not granted and an individual needs to have a USI, one of the benefits is that a USI, which is a randomised set of alphanumeric characters, ensures that an individual’s VET data may be accessed and used as provided under the Act without relying on the individual’s personally identifiable information. Where a USI is assigned, the protection under the Act applies, which provides a broader reach than the Privacy Act that only governs an APP entity. In particular, section 17 of the Act prohibits an entity that is not the individual from the collection, use or disclosure of a USI that is not authorised under the Act or the Student Identifiers Regulation 2014.
To the extent the Amendment Instrument limits the right to privacy, these limitations are reasonable, necessary and proportionate to achieving a legitimate objective of providing for exemptions under subsection 53(3).
This Amendment Instrument promotes and is compatible with the right to privacy.
Right to work
The Amendment Instrument also engage the right to work contained in article 6(1) of the ICESCR. Article 6(1) recognises the right to work, which includes the right of everyone to the opportunity to earn a living by work which he or she freely chooses or accepts.
In particular, Article 6(2) of the ICESCR provides that the steps to be taken by a State Party to achieve the full realisation of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.
The Amendment Instrument exempts certain classes by reference to RTOs. It allows those organisations to issue a VET qualification or VET statement of attainment to an individual without collecting a USI from that individual. In this way, the Amendment Instrument promotes work and the professional development of individuals in relation to:
• specific programs where the submission of data containing a USI by an RTO may jeopardise the security of defence, border protection, customs, national security or police personnel; or
• the provision of emergency or safety related services to the community.
To the extent that the right to work is limited by the exemption regime, such limitation is reasonable and proportionate to the overriding policy objective of the student identifier scheme. Namely, to create a single repository of records of VET student enrolments and achievements so that individuals can access and rely on an authenticated VET transcript over their lifetime in order to apply for work, regardless of whether the RTO continues to operate. The research data produced from the collection and reporting of USIs also contributes towards the better targeting of policy development to assist the Australian workforce.
This Amendment Instrument promotes and is compatible with the right to work.
Conclusion
The Amendment Instrument is compatible with human rights because it advances the right to education and work, while taking appropriate measures to protect the right to privacy.
STUDENT IDENTIFIERS (VET EXEMPTIONS) AMENDMENT (DATA
STREAMLINING)
INSTRUMENT 2026
EXPLANATION OF PROVISIONS
Section 1: Name
1. This section provides that the name of the instrument is the Student Identifiers (VET Exemptions) Amendment (Data Streamlining) Instrument 2026 (Amendment Instrument).
Section 3: Commencement
2. The table in subsection 2(1) sets out when the provisions of the Amendment Instrument will commence.
3. The whole of the Amendment Instrument is to commence on the later of:
• the day after the Amendment Instrument is registered; and
• the day the National Vocational Education and Training Regulator (Data Provision Requirements) Amendment (Data Streamlining) Instrument 2026 (DPR Amendment Instrument) commences.
Section 3: Authority
4. This section provides that the Amendment Instrument is made under subsection 53(3) of the Student Identifiers Act 2014 (Act).
Section 4: Schedules
5. This section provides that each instrument that is specified in a Schedule to the Amendment Instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Amendment Instrument has effect according to its terms.
Schedule 1 – Amendments
Student Identifiers (VET Exemptions) Instrument 2021
Item 1: Section 4
- This item inserts a new definition for the term Data Provision Requirements into section 4 of the Principal Instrument.
- Data Provision Requirements has the meaning given by section 187 of the National Vocational Education and Training Regulator Act 2011 (the NVETR Act). The Data
Provision Requirements are made by the Minister in accordance with section 187 of the
NVETR Act and set out the requirements for National VET Regulator Registered Training Organisations to report data about specified matters such as VET student enrolments and VET course completion, and certain information at the request of the National VET Regulator (ASQA) to consider in relation to registration requirements and compliance with the RTO Outcome Standards 2025.
- This amendment is necessary because new paragraph 7(ab) of the Principal Instrument as amended by the Amendment Instrument refers to the Data Provision Requirements.
Item 2: Section 4 (note to the definition of National VET Data Policy)
9. This item amends the note to the definition of National VET Data Policy, in section 4 to include current information about the website where the National VET Data Policy is published. As amended the note will alert the reader that the National VET Data Policy could in 2026 be viewed on the Department of Employment and Workplace Relations’ website.
Item 3: Section 4
- This item inserts a definition for the term VET Data Provision Exemptions Policy into section 4 of the Principal Instrument, where it is defined by reference to its meaning in the Data Provision Requirements.
- VET Data Provision Exemptions Policy is defined to mean the document with that name made by the Minister, as existing from time to time in the form which has most recently been either:(a) agreed by the Ministerial Council or; (b) endorsed by the specific person or body that the Ministerial Council agrees may endorse the document, and which is published by the Department on its website.
- This amendment is necessary because paragraph 7(ab) of the Principal Instrument as amended by the Amendment Instrument refers to the VET Data Provision Exemptions Policy.
Item 4: After paragraph 7(a)
13. This item inserts a new paragraph 7(ab) into the Principal Instrument.
14. Section 7 of the Principal Instrument specifies exemptions to the application of subsection 53(1) of the Act, that prohibits an RTO from issuing a VET qualification or VET statement of attainment to an individual unless the individual has been assigned a USI.
15. Paragraph 7(a) provides for class exemptions for RTOs that are exempted from the requirement to collect and submit data under the National VET Data Policy (NVDP). Paragraph 7(a) will continue to apply in respect of exemptions in relation to data about nationally recognised school training, which will be reported in accordance with the NVDP until such time as it is included in the new VET Information Standard.
16. New paragraph 7(ab) provides for two classes of exemptions for RTOs that have been granted an exemption from complying with the requirement to report data under section 6A of the DPRs.
17. The first class of exemption for RTOs, which is provided under new subparagraph 7(ab)(i), is for the national security, border protection and policing reasons outlined under section 4 of the VET Data Provision Exemptions Policy. This is the same as the class of exemption provided under sections 5.3 and 5.4 of the NVDP.
18. Section 4 of the VET Data Provision Exemptions Policy provides that an RTO is exempt from collecting and submitting data compliant with the VET Information Standard where this:
• would conflict with defence or national security legislation; or
• could jeopardise the security of defence, border protection, customs, national security or police personnel.
19. Section 4 of the VET Data Provision Exemptions Policy also provides that the exemptions under that section only apply to specific programs or students where security may be jeopardised. Where an organisation also delivers training that would not conflict with defence or national security legislation or where the security of defence, border protection, customs, national security or police personnel is not jeopardised, it must collect and report data compliant with the VET Information Standard on the training and students that are not exempt under section 4.
20. The second class of exemption for RTOs, which is provided for under subparagraph 7(ab)(ii), is for the delivery of emergency or safety community services as outlined under section 5 of the VET Data Provision Exemptions Policy. This is the same as the class of exemption provided under sections 5.5 and 5.6 of the NVDP.
21. Section 5 of the VET Data Provision Exemptions Policy provides that an RTO is exempt from collecting and submitting data compliant with the VET Information Standard where:
• the RTO is providing emergency or safety related services to the Australian community;
• the RTO is registered as a charity with the Australian Charities and Not-For Profits Commission;
• the RTO provides volunteers, employees, contractors or other students with nationally recognised VET for which it receives no payment; and
• the ability of the RTO to provide services to the community may be adversely impacted if it was required to collect and submit data compliant with VET Information Standard on all students.
22. Section 6 of the VET Data Provision Exemptions Policy also provides, however, that where an RTO comes within the scope of section 5 and a student does provide their USI to the RTO, the exemption does not apply and the RTO must report data compliant with the VET Information Standard.
23. If the circumstances in either subparagraph 7(ab)(i) or 7(ab)(ii) are met, the RTO may issue a VET qualification or VET statement of attainment to an individual who has not been assigned a USI and has undertaken training or assessment to which either subparagraph 7(ab)(i) or 7(ab)(ii) relate.
Item 7: After subsection 10(2)
24. This item inserts new subsections 10(3) into the Principal Instrument.
25. New subsection 10(3) provides that the amendments made by the Amendment Instrument will apply to an RTO on and from the date that the amendments made by the DPR Amendment Instrument apply to that RTO. Accordingly, the Amendment Instrument will apply:
• from the date of registration for RTOs that are first registered on or after 1 January 2028; and
• on and from 1 January 2029 for all other RTOs, unless:
• the RTO is first registered before 1 January 2028, and has an arrangement with a state training authority which requires the RTO to report data in accordance with
the provisions of the DPR Amendment Instrument from an earlier date, in which case the Amendment Instrument will also apply to the RTO from that earlier date;
• the RTO is first registered on or after 1 January 2028, but before 1 January 2029, and has an arrangement with a state training authority which requires the RTO to provide AVETMISS data in accordance with the National VET Provider Collection Data Requirements Policy for a period which starts on the day on which the RTO is first registered – in which case if the period ends before 1 January 2029, the Amendment Instrument will apply to it from the first day after the end of the period, or otherwise from 1 January 2029; or
• the RTO is required to report nationally recognised school training under the DPRs, in which case the Amendment Instrument will apply to it from the day on which the DPR Amendment commences, if the RTO is registered on that day, or otherwise, the first day after the day on which the DPR Amendment commences, on which the RTO is registered.