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This is a Bill, not an Act. For current law, see the Acts databases.
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Education and Training)
Contents
Page
Part 1.1ACT Teacher Quality Institute Regulation 201017
2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Education and Training)
Training and Tertiary Education Amendment Bill 2014
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Training and Tertiary Education Amendment Act 2014
.
This Act commences on the 14th day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
.
Note 1 This Act also amends other legislation (see sch 1).
Note 2 This Act also repeals other legislation (see s 59).
substitute
An Act about vocational education and training, and for other purposes
renumber as part 1
substitute
3 Objects of Act
The objects of this Act are to—
(a) regulate apprenticeships and traineeships; and
(b) support quality assurance and best management practices for vocational education and training; and
(c) encourage awareness in the community of the need for, and to promote the development of, vocational education and training that is relevant to industry.
substitute
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘registered training organisation (or RTO)—see the Commonwealth Act
, section 3.’ means that the term ‘registered training organisation’ is defined in that section and the definition applies to this Act.
substitute
Part 2 Vocational education and training
7 Functions of director-general
The director-general has the following functions:
(a) to inquire into, and advise the Minister on, issues about vocational education and training;
(b) to facilitate recognition and quality assurance in the provision of vocational education and training;
(c) to ensure a strong policy framework for the delivery of vocational education and training in the ACT;
(d) to establish a simple, streamlined system for apprenticeships and traineeships;
(e) any other function given to the director-general under this Act.
9 Work-related training and training
contracts
Chapter 3A
renumber as part 3
insert
55AA Probationary period for training contract
(1) The director-general may determine a period of probation under a training contract (a probationary period).
Examples
1 A probationary period of 60 days may be determined for a 2-year traineeship.
2 A probationary period of 90 days may be determined for a 4-year apprenticeship.
Note 1 Power to make a statutory instrument includes power to
make different provisions in relation to different matters or different classes
of matters (see
, s 48).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see
, s 126 and s 132).
(2) A determination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
11 Training contracts for qualification
or statement of attainment
Section 55D (2)
omit
or the council
insert
55FA Ending training contract during probationary period
(1) This section applies if—
(a) an employer and another person (an apprentice or trainee) have entered into an approved training contract; and
(b) a probationary period has been determined for the contract.
(2) The employer or the apprentice or trainee may end the contract before the end of the probationary period.
13 Director-general may suspend, cancel
or amend contract
Section 55H (b)
omit
the trainee
substitute
the apprentice or trainee
substitute
55I Dispute between employer and apprentice or trainee
omit
omit
omit
renumber as part 4
substitute
99 Visits by director-general—RTO premises
substitute
(1) The director-general may give an RTO written notice that a person authorised by the director-general proposes to visit premises where the RTO is conducting, or proposing to conduct, training or assessment as part of a VET course.
Note RTO—see the dictionary.
omit
member, staff member or
omit
A member, staff member or
substitute
An
after the note, insert
(6) In this section:
VET course—see the Commonwealth Act
, section 3.
24 Visits by council—higher
education provider premises
Section 100
omit
25 Identity cards
Section 101
(1) and (2)
omit
relevant authority
substitute
director-general
omit
27 Obstructing
visits—council
Section 103
omit
substitute
103A Obstructing visits—director-general
(1) This section applies if the director-general is satisfied that an employer or RTO—
(a) without reasonable excuse, obstructs or hinders a person entering premises or observing training under section 99 (4) (a) or (b) (Visits by director-general—RTO premises) or section 99A (4) (a) or (b) (Visits by director-general—training contract premises); or
(b) refuses to give information, or gives information that the employer or RTO knows is false or misleading in response to a request under section 99 (4) (c) or section 99A (4) (c); or
(c) refuses to produce a document, or produces a document that the employer or RTO knows contains false or misleading information, in response to a request under section 99 (4) (d) or section 99A (4) (d).
(2) The director-general may suspend or cancel the approval of, or amend, an approved training contract to which the employer is a party or under which the RTO delivers work-related training.
29 Notification and review of
decisions
Part 6.2
renumber as part 5
30 Reviewable decision
notices
Section 105
omit
council or Minister
substitute
director-general
31 Time for lodging ACAT review
applications for s 55 and s 80 decisions—ACAT Act, s
11
Section 107
omit
renumber as part 6
33 CRICOS approval
Section
108 (2), definition of CRICOS
omit
section 10
substitute
section 14A
substitute
112 Approved forms
(1) The director-general may approve forms for this Act.
(2) If the director-general approves a form for a particular purpose, the form must be used for that purpose.
Note For other provisions about forms, see the Legislation Act
, s 255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
35 Regulation-making
power
Section 113 (2)
omit
substitute
Schedule 1 Reviewable decisions
(see pt 6.2)
column 1
item
|
column 2
section
|
column 3
decision
|
column 4
entity
|
---|---|---|---|
1
|
55B (1)
(Approval of training contract) |
refusing to approve a training contract
|
applicant for approval
|
2
|
55B (3)
|
approving a training contract subject to conditions
|
applicant for approval
|
3
|
55G (2) (a) (Party may ask for amendment)
|
approving an amendment of an approved training contract
|
each party to the contract
|
4
|
55G (2) (b)
|
refusing to approve an amendment of an approved training contract
|
each party to the contract
|
5
|
55H (Director-general may suspend, cancel or amend contract)
|
suspending or cancelling approval of a training contract
|
each party to the contract
|
6
|
55H
|
amending an approved training contract
|
each party to the contract
|
7
|
55I (5) (a) (Dispute between employer and apprentice or
trainee)
|
making a finding of fact about a matter in relation to a training
contract
|
each party to the contract
|
8
|
55I (5) (b)
|
amending an approved training contract
|
each party to the contract
|
9
|
55I (5) (c)
|
giving directions to a party to an approved training contract
|
each party to the contract
|
10
|
103A (2)
(Obstructing visits— director-general) |
suspending or cancelling approval of an approved training contract
|
each party to the contract
|
11
|
103A (2)
|
amending an approved training contract
|
each party to the contract
|
omit
• bankrupt or personally insolvent
• corporation
omit
• person
substitute
• person (see s 160)
39 Dictionary, definitions of accredited course and accreditation
omit
40 Dictionary, new definition of apprentice or trainee
insert
apprentice or trainee means a person who undertakes an apprenticeship or traineeship under an approved training contract.
omit the definitions of
AQF
AQTF
committee
42 Dictionary, new definition of Commonwealth Act
insert
Commonwealth Act means the National Vocational Education and Training Regulator Act 2011
(Cwlth).
omit the definitions of
compliance audit
corresponding law
council
course accrediting body
44 Dictionary, definition of employer
substitute
employer, for an apprentice or trainee, means the person who is obliged under a training contract to employ the apprentice or trainee.
omit the definitions of
foreign university
franchise arrangement
higher education award
higher education course
higher education provider
higher education standards
jurisdiction
legislative compliance standard
ministerial council
nationally endorsed
national protocols
national register
national training framework
46 Dictionary, new definition of probationary period
insert
probationary period—see section 55AA.
47 Dictionary, definition of prohibition
omit
48 Dictionary, definition of qualification
substitute
qualification means a VET qualification under the Commonwealth Act
.
49 Dictionary, definition of registered
omit
50 Dictionary, definition of registered training organisation
substitute
registered training organisation (or RTO)—see the Commonwealth Act
, section 3.
omit the definitions of
registering body
registration
restriction
52 Dictionary, definition of RTO
substitute
RTO—see registered training organisation.
omit the definitions of
RTO standards
scope of registration
standards for accreditation of courses
standards for registered training organisations
standards for State and Territory registering and course accrediting bodies
54 Dictionary, definition of statement of attainment
substitute
statement of attainment means a VET statement of attainment
under the
.
omit the definitions of
trades and labour council
trainee
training package
unit of competency
university
university advisory panel
56 Dictionary, definition of vocational education and training
substitute
vocational education and training means the education and training and qualifications and statements of attainment under the vocational education and training provisions of the AQF, being the Australian Qualifications Framework under the Commonwealth Act
, section 3.
57 Dictionary, definition of vocational education and training course
omit
renumber provisions when Act next republished under Legislation Act
The following legislation is repealed:
•
(SL2004-22)
•
(DI2014-196)
•
(NI2004-470)
•
(NI2008-59).
Schedule 1 Consequential amendments
Part 1.1 ACT Teacher Quality Institute Regulation 2010
substitute
(i) provided by a registered higher education provider; and
substitute
(2) In this section:
registered higher education provider—see the Tertiary Education Quality and Standards Agency Act 2011
(Cwlth), section 5.
Part 1.2 Agents Regulation 2003
substitute
Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.
For example, the signpost definition ‘agent, for schedule 8 (Rules of conduct)—see schedule 8, section 8.1.’ means that the term ‘agent’ is defined in that section for schedule 8.
[1.4] Dictionary, definition of registered training organisation
substitute
registered training organisation—see the National Vocational Education and Training Regulator Act 2011
(Cwlth), section 3.
[1.5] Dictionary, definition of statement of attainment
substitute
statement of attainment means the VET statement of attainment
under the
(Cwlth).
Part 1.3 Building and Construction Industry Training Levy Act 1999
[1.6] Section 28 (4), definition of registered training organisation
substitute
registered training organisation—see the National Vocational Education and Training Regulator Act 2011
(Cwlth), section 3.
Part 1.4 Children and Young People Act 2008
[1.7] Section 25 (3), definition of ACT education provider, paragraphs (c) to (e)
substitute
(c) a registered training organisation under the National Vocational Education and Training Regulator Act 2011
(Cwlth), section 3;
(d) a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011
(Cwlth).
Part 1.5 Construction Occupations (Licensing) Act 2004
[1.8] Section 55A (6), definition of registered training organisation
substitute
registered training organisation—see the National Vocational Education and Training Regulator Act 2011
(Cwlth), section 3.
Part 1.6 Construction Occupations (Licensing) Regulation 2004
[1.9] Section 14 (6), definition of registered training organisation
substitute
registered training organisation—see the National Vocational Education and Training Regulator Act 2011
(Cwlth), section 3.
[1.10] Section 35 (3) (c) (iii) and (v)
omit
accredited course
substitute
VET course
[1.11] Section 35 (4), definition of accredited course
omit
[1.12] Section 35 (4), definition of relevant person
omit
accredited course
substitute
VET course
[1.13] Section 35 (4), definition of trainee, paragraph (b)
omit
an accredited course
substitute
a VET course
[1.14] Section 35 (4), new definition of VET course
insert
VET course—see the National Vocational Education and Training Regulator Act 2011
(Cwlth), section 3.
Part 1.7 Crimes (Child Sex Offenders) Act 2005
omit
work-related training contracts
substitute
approved training contracts
[1.16] Section 124 (2), definition of educational institutions for children, paragraph (b)
substitute
(b) a registered training organisation under the National Vocational Education and Training Regulator Act 2011
(Cwlth), section 3;
(c) a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011
(Cwlth).
substitute
3
|
a course of study leading to the completion of year 10 or year 12
|
a registered training organisation under the National Vocational Education and Training Regulator
Act 2011
|
(Cwlth), s 3
|
|
4
|
a VET course under the National Vocational Education and Training Regulator
Act 2011
|
(Cwlth), s 3
|
a registered training organisation under the National Vocational Education and Training Regulator
Act 2011
|
(Cwlth), s 3
|
|
5
|
an accredited course under the Tertiary Education Quality and Standards Agency Act 2011
|
(Cwlth)
|
a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011
|
(Cwlth)
|
Part 1.9 Electricity Feed-in (Renewable Energy Premium) Act 2008
[1.18] Section 5F (3), definition of educational institution
substitute
educational institution means—
(a) a government school or school-related institution established under the
, section 20; or
(b) a registered higher education provider under the National Vocational Education and Training Regulator Act 2011
(Cwlth).
[1.19] Section 5F (3), definition of higher education provider
omit
[1.20] Section 116, definition of registered training organisation
substitute
registered training organisation—see the National Vocational Education and Training Regulator Act 2011
(Cwlth), section 3.
[1.21] Section 116, definition of statement of attainment
before
training organisation
insert
registered
[1.22] Section 188, definition of registered training organisation
substitute
registered training organisation—see the National Vocational Education and Training Regulator Act 2011
(Cwlth), section 3.
Part 1.12 Long Service Leave (Portable Schemes) Act 2009
[1.23] Schedule 1, section 1.1 (2) (e)
omit
under the
substitute
under the
(Cwlth), section 3
Part 1.13 Payroll Tax Act 2011
[1.24] Schedule 2, section 2.16 heading
substitute
2.16 Exemption from tax—apprentices or trainees under approved training contracts
[1.25] Schedule 2, section 2.16 (1)
omit
a trainee
substitute
an apprentice or trainee
[1.26] Schedule 2, section 2.16 (1) and (2)
omit
the trainee
substitute
the apprentice or trainee
[1.27] Schedule 2, section 2.16 (3) (b) and (c)
omit
trainees
substitute
apprentices or trainees
[1.28] Schedule 2, section 2.16 (4), new definition of apprentice or trainee
insert
apprentice or trainee—see the Training and Tertiary Education Act 2003
, dictionary.
Note Apprentice or trainee is defined as a person who undertakes an apprenticeship or traineeship under an approved training contract.
[1.29] Schedule 2, section 2.16 (4), definition of trainee and note
omit
Part 1.14 Planning and Development Regulation 2008
[1.30] Section 108 (1) (a) (iii) and (iv) and note
substitute
(iii) a registered training organisation under the National Vocational Education and Training Regulator Act 2011
(Cwlth), section 3; or
(iv) a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011
(Cwlth); and
[1.31] Section 108 (5), definitions of authorised and university
omit
Part 1.15 Road Transport (Driver Licensing) Regulation 2000
[1.32] Section 62 (5), definition of registered training organisation
substitute
registered training organisation—see the National Vocational Education and Training Regulator Act 2011
(Cwlth), section 3.
Part 1.16 Security Industry Act 2003
substitute
(5) In this section:
trainee means a person undertaking training under an approved training contract under the Training and Tertiary Education Act 2003
.
Part 1.17 Security Industry Regulation 2003
omit
under the
substitute
under the
(Cwlth), section 3
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 25 September 2014.
2 Notification
Notified under the
on 2014.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2014
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