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TASMANIA
__________
VOCATIONAL EDUCATION AND TRAINING
(COMMONWEALTH POWERS) BILL 2011
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Continuing VET matters
5. Adoption of national VET legislation
6. Reference of continuing VET matters
7. Amendment of Commonwealth law
8. Termination of adoption and amendment reference
9. Effect of termination of amendment reference before termination
of adoption
PART 2 - PROVISIONS SPECIFIC TO TASMANIA
10. Provision of information and assistance to National VET
Regulator
PART 3 - MISCELLANEOUS
11. Administration of Act
12. Consequential amendments
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
[Bill 64]-I
2
VOCATIONAL EDUCATION AND TRAINING
(COMMONWEALTH POWERS) BILL 2011
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
17 November 2011
(Brought in by the Minister for Education and Skills, the
Honourable Nicholas James McKim)
A BILL FOR
An Act to adopt the National Vocational Education and
Training Regulator Act 2011 of the Commonwealth and the
National Vocational Education and Training (Transitional
Provisions) Act 2011 of the Commonwealth and to refer
certain matters relating to the regulation of vocational
education and training to the Parliament of the
Commonwealth for the purposes of section 51(xxxvii) of
the Constitution of the Commonwealth and to provide for
related matters
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Vocational
Education and Training (Commonwealth
Powers) Act 2011.
[Bill 64] 3
Vocational Education and Training (Commonwealth Powers)
Act 2011
Act No. of
s. 2 Part 1 - Preliminary
2. Commencement
This Act commences on a day to be proclaimed.
3. Interpretation
In this Act -
"adoption" means the adoption under
section 5(1);
"amendment reference" means the reference
under section 6(1);
"continuing VET matter" has the meaning
given in section 4;
"express amendment" of the national VET
legislation means the direct amendment
of the text of the national VET legislation
(whether by the insertion, omission,
repeal, substitution or relocation of words
or matter) by another Commonwealth
Act, but does not include the enactment
by a Commonwealth Act of a provision
that has or will have substantive effect
otherwise than as part of the text of the
national VET legislation;
"national VET instrument" means any
instrument (whether or not of a
legislative character) that is made or
issued under the national VET
legislation;
4
Vocational Education and Training (Commonwealth Powers) Act
2011
Act No. of
Part 1 - Preliminary s. 4
"national VET legislation" means -
(a) the National Vocational
Education and Training
Regulator Act 2011 of the
Commonwealth; and
(b) the National Vocational
Education and Training
Regulator (Transitional
Provisions) Act 2011 of the
Commonwealth.
4. Continuing VET matters
(1) Each of the following matters is a continuing
VET matter to the extent that it is included in the
legislative powers of the Parliament of the State:
(a) the registration and regulation of
vocational education and training
organisations;
(b) the accreditation or other recognition of
vocational education and training courses
or programs;
(c) the issue and cancellation of vocational
education and training qualifications or
statements of attainment;
(d) the standards to be complied with by a
vocational education and training
regulator;
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Vocational Education and Training (Commonwealth Powers)
Act 2011
Act No. of
s. 4 Part 1 - Preliminary
(e) the collection, publication, provision and
sharing of information about vocational
education and training;
(f) investigative powers, sanctions and
enforcement in relation to any of the
above.
(2) However, a continuing VET matter does not
include that matter of making a law that excludes
or limits the operation of a State law to the
extent that the State law makes provision with
respect to -
(a) primary or secondary education
(including the education of children
subject to compulsory school education);
or
(b) tertiary education that is recognised as
higher education and not vocational
education and training; or
(c) the rights and obligations of persons
providing or undertaking apprenticeships
or traineeships; or
(d) the qualifications or other requirements
to undertake or carry out any business,
occupation or other work (other than that
of a vocational education and training
organisation); or
(e) the funding by the State of vocational
education and training; or
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Vocational Education and Training (Commonwealth Powers) Act
2011
Act No. of
Part 1 - Preliminary s. 5
(f) the establishment or management of any
agency of the State that provides
vocational education and training.
(3) In this section -
"State law" means any Act of the State or any
instrument made under such an Act,
whenever enacted or made and as in
force from time to time.
5. Adoption of national VET legislation
(1) The national VET legislation, as originally
enacted, is adopted within the meaning of
section 51(xxxvii) of the Constitution of the
Commonwealth.
(2) The adoption has effect for a period -
(a) beginning when subsection (1)
commences; and
(b) ending at the end of the day fixed under
section 8(1)(a) or (c) as the day on which
the adoption is to terminate.
6. Reference of continuing VET matters
(1) Each continuing VET matter is referred to the
Parliament of the Commonwealth, but only to
the extent of the making of laws with respect to
7
Vocational Education and Training (Commonwealth Powers)
Act 2011
Act No. of
s. 7 Part 1 - Preliminary
the matter by making express amendments of the
national VET legislation.
(2) The reference of a matter under subsection (1)
has effect only if and to the extent that the matter
is not included in the legislative powers of the
Parliament of the Commonwealth (otherwise
than by a reference for the purposes of section
51(xxxvii) of the Constitution of the
Commonwealth).
(3) Despite any provision of this Act other than
section 9(4), the amendment reference has effect
for a period -
(a) beginning when subsection (1)
commences; and
(b) ending at the end of the day fixed under
section 8(1)(a) as the day on which the
reference is to terminate -
but not longer.
7. Amendment of Commonwealth law
It is the intention of the Parliament of the State
that -
(a) the national VET legislation may be
expressly amended, or have its operation
otherwise affected, at any time by
provisions of Commonwealth Acts the
operation of which is based on legislative
powers that the Parliament of the
8
Vocational Education and Training (Commonwealth Powers) Act
2011
Act No. of
Part 1 - Preliminary s. 8
Commonwealth has apart from a
reference of any matters for the purposes
of section 51(xxxvii) of the Constitution
of the Commonwealth; and
(b) the national VET legislation may have its
operation affected, otherwise than by
express amendment, at any time by
provisions of national VET instruments.
8. Termination of adoption and amendment reference
(1) The Governor may, at any time, by proclamation
published in the Gazette, fix a day as the day on
which -
(a) the adoption and the amendment
reference are to terminate; or
(b) the amendment reference is to terminate;
or
(c) the adoption is to terminate (if the
amendment reference has been
previously terminated).
(2) A day fixed under subsection (1) must be no
earlier than the first day after the end of the
period of 6 months beginning with the day on
which the proclamation is published.
(3) The Governor may, by proclamation published
in the Gazette, revoke a proclamation published
under subsection (1).
9
Vocational Education and Training (Commonwealth Powers)
Act 2011
Act No. of
s. 9 Part 1 - Preliminary
(4) A revoking proclamation has effect only if
published before the day fixed under
subsection (1).
(5) If a revoking proclamation has effect, the
revoked proclamation is taken, for the purposes
of each or either of sections 5 or 6, never to have
been published, but the revocation does not
prevent publication of a further proclamation
under subsection (1).
9. Effect of termination of amendment reference
before termination of adoption
(1) In this section -
"existing legislation" means the national
VET legislation as -
(a) amended by laws made under the
amendment reference that have
come into operation before the
termination; or
(b) amended or affected by
provisions referred to in
section 7(a) or (b) that have come
into operation before the
termination -
and as in operation immediately before
the termination.
(2) A reference in this section to provisions referred
to in section 7(b) includes a reference to national
10
Vocational Education and Training (Commonwealth Powers) Act
2011
Act No. of
Part 1 - Preliminary s. 9
VET instruments made to carry out or give effect
to the national VET legislation as amended by
laws made under the amendment reference.
(3) It is the intention of the Parliament of the State
that, if the amendment reference terminates
before the adoption terminates, the termination
of the amendment reference does not affect -
(a) laws made under the amendment
reference before the termination; or
(b) the continued operation in the State of
the existing legislation or of the existing
legislation as -
(i) amended after the termination by
laws referred to in paragraph (a)
that come into operation after the
termination; or
(ii) amended or affected after the
termination by provisions
referred to in section 7(a) or (b).
(4) Accordingly, the amendment reference continues
to have effect for the purposes of subsection (3)
unless the adoption is terminated.
(5) Subsection (3) or (4) does not apply to or in
relation to an amendment of the national VET
legislation that is excluded from the operation of
this section by the proclamation that terminates
the amendment reference.
11
Vocational Education and Training (Commonwealth Powers)
Act 2011
Act No. of
s. 10 Part 2 - Provisions Specific to Tasmania
PART 2 - PROVISIONS SPECIFIC TO TASMANIA
10. Provision of information and assistance to National
VET Regulator
(1) The Qualifications Authority, or a person
authorised in writing by the Qualifications
Authority, may, on the Qualifications
Authority's or authorised person's own initiative
or at the request of the National VET Regulator
or an agency of the Commonwealth -
(a) provide the National VET Regulator or
agency of the Commonwealth with such
documents and other information in the
possession or control of the
Qualifications Authority that is
reasonably required by the Regulator or
agency in connection with the
performance or exercise of its functions
or powers under the National VET
legislation; and
(b) provide the National VET Regulator or
agency of the Commonwealth with such
other assistance as is reasonably required
by the Regulator or agency to perform or
exercise a function or power under the
National VET legislation.
(2) In subsection (1) -
"National VET Regulator" has the same
meaning as in the National Vocational
12
Vocational Education and Training (Commonwealth Powers) Act
2011
Act No. of
Part 2 - Provisions Specific to Tasmania s. 10
Education and Training Regulator Act
2011 of the Commonwealth;
"Qualifications Authority" means the
Tasmanian Qualifications Authority
established by section 7 of the
Tasmanian Qualifications Authority Act
2003.
13
Vocational Education and Training (Commonwealth Powers)
Act 2011
Act No. of
s. 11 Part 3 - Miscellaneous
PART 3 - MISCELLANEOUS
11. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Education and Skills;
and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Education.
12. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
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Vocational Education and Training (Commonwealth Powers) Act
2011
Act No. of
sch. 1
SCHEDULE 1 - CONSEQUENTIAL AMENDMENTS
Section 12
Gas (Safety) Regulations 2002
1. Regulation 8(1)(a) is amended by omitting "or as
approved by Skills Tasmania established under
the Vocational Education and Training Act
1994; or" and substituting "; or".
Occupational Licensing Act 2005
1. Section 3(2) is amended by omitting "within the
meaning of the Vocational Education and
Training Act 1994" and substituting "in
accordance with the Australian Qualifications
Framework within the meaning of the
Vocational Education and Training Act 1994".
Occupational Licensing (Electrical Work) Regulations 2008
1. Regulation 3(1) is amended by omitting
"Vocational Education and Training Act 1994"
from the definition of "registered training
organisation" and substituting "National
Vocational Education and Training Regulator
Act 2011 of the Commonwealth".
15
Vocational Education and Training (Commonwealth Powers)
Act 2011
Act No. of
sch. 1
Poisons Regulations 2008
1. Regulation 62A is amended by omitting
"Vocational Education and Training Act 1994"
from the definition of "registered training
organisation" and substituting "National
Vocational Education and Training Regulator
Act 2011 of the Commonwealth".
Property Agents and Land Transactions Regulations 2006
1. Regulation 42(1)(a) is amended by omitting
"Vocational Education and Training Act 1994"
and substituting "National Vocational Education
and Training Regulator Act 2011 of the
Commonwealth".
Tasmanian Qualifications Authority Act 2003
1. Section 3(1) is amended as follows:
(a) by omitting the definition of "accredited
training course" and substituting the
following definition:
"accredited training course" has the
same meaning as "VET course"
in the National Vocational
Education and Training
Regulator Act 2011 of the
Commonwealth;
16
Vocational Education and Training (Commonwealth Powers) Act
2011
Act No. of
sch. 1
(b) by omitting the definition of "ANTA
Ministerial Council";
(c) by omitting the definition of "Australian
Quality Training Framework";
(d) by omitting the definition of "local
registered training organisation";
(e) by omitting paragraph (a) from the
definition of "national standard";
(f) by omitting the definition of "registered
training organisation" and substituting
the following definition:
"registered training organisation"
has the same meaning as in the
National Vocational Regulator
Act 2011 of the Commonwealth;
2. Section 6 is repealed.
3. Section 10 is amended by omitting paragraph (h)
and substituting the following paragraph:
(h) functions imposed on the Authority by
any other Act;
4. Section 11 is amended by inserting after
paragraph (d) the following paragraph:
17
Vocational Education and Training (Commonwealth Powers)
Act 2011
Act No. of
sch. 1
(da) collecting vocational education
attainment data from registered training
organisations operating in Tasmania;
5. Section 12 is amended by omitting ", the
Vocational Education and Training Act 1994".
6. Section 20(1) is amended by omitting ", the
Vocational Education and Training Act 1994".
7. Section 55ZS(1) is amended by inserting "or is
registered as a provider under the Education
Services for Overseas Students Act 2000 of the
Commonwealth" after "provider".
8. Section 56 is amended as follows:
(a) by omitting from subsection (1)(a)(i) "or
under section 32U of the Vocational
Education and Training Act 1994";
(b) by omitting subparagraph (ii) from
subsection (1)(a) and substituting the
following subparagraph:
(ii) the accreditation of an accredited
course or accredited education
program should be cancelled
under section 29, 40, 55ZL or
55ZY; or
18
Vocational Education and Training (Commonwealth Powers) Act
2011
Act No. of
sch. 1
(c) by omitting subparagraph (vii) from
subsection (1)(b);
(d) by omitting from subsection (1)(c)(ii) ",
registered education (overseas students)
provider or registered training
organisation" and substituting "or
registered education (overseas students)
provider";
(e) by omitting from subsection (1)(d)(i) ",
registered education (overseas students)
provider or a registered training
organisation" and substituting "or
registered education (overseas students)
provider";
(f) by omitting from subsection (1)(f) ",
registered training organisation";
(g) by omitting from subsection (1)(ga) ",
accredited education program or
accredited training course" and
substituting "or accredited education
program";
(h) by omitting paragraph (h) from
subsection (1) and substituting the
following paragraph:
(h) to determine whether this Act is
being or has been contravened; or
(i) by omitting from subsection (3) ",
registered training organisation";
19
Vocational Education and Training (Commonwealth Powers)
Act 2011
Act No. of
sch. 1
(j) by omitting from subsection (5) ",
registered training organisation".
9. Section 57(1) is amended as follows:
(a) by omitting from paragraph (a)(i) ", or of
an accredited training course provided by
a local registered training organisation";
(b) by omitting from paragraph (a)(ii) ", or a
qualification in respect of an accredited
training course provided by a local
registered training organisation";
(c) by omitting from paragraph (b)(i) ",
accredited training courses";
(d) by omitting from paragraph (b)(iii) "or
Part 5 or 5A of the Vocational Education
and Training Act 1994";
(e) by omitting from paragraph (b)(iiia) ",
accredited training course";
(f) by omitting from paragraph (b)(iiib) ",
registered education (overseas students)
provider or registered training
organisation" and substituting "or
registered education (overseas students)
provider";
(g) by omitting from paragraph (b)(iv) "or
those provisions of the Vocational
Education and Training Act 1994 that
20
Vocational Education and Training (Commonwealth Powers) Act
2011
Act No. of
sch. 1
relate to accredited training courses or
registered training organisations".
10. Section 60 is amended as follows:
(a) by omitting paragraph (c);
(b) by omitting from paragraph (d)(iic)
"program; or" and substituting
"program;";
(c) by omitting subparagraph (iii) from
paragraph (d);
(d) by omitting paragraph (f);
(e) by omitting paragraph (h);
(f) by omitting from paragraph (i) ", the
Vocational Education and Training Act
1994".
11. Section 61(2) is amended by omitting paragraph
(a).
12. Section 64(2) is amended as follows:
(a) by omitting from paragraph (a)(i)
"accredited training course,";
(b) by omitting from paragraph (b)(i)
"accredited training course,";
21
Vocational Education and Training (Commonwealth Powers)
Act 2011
Act No. of
sch. 1
(c) by omitting from paragraph (c)(i)
"accredited training course,";
(d) by omitting from paragraph (d) "or a
qualification for an accredited training
course";
(e) by omitting from paragraph (e) "the
Vocational Education and Training Act
1994 or".
13. After section 64B, the following section is
inserted in Part 9:
64C. Registered training organisations to provide
information to Qualifications Authority
A registered training organisation
conducting operations in this State must
provide returns of its client records of
attainment of units of competency and
qualifications, as are determined by the
Qualifications Authority, to the
Qualifications Authority at such times
and in such manner as the Qualifications
Authority determines.
Penalty: Fine not exceeding 10 penalty
units.
22
Vocational Education and Training (Commonwealth Powers) Act
2011
Act No. of
sch. 1
14. Section 72 is amended as follows:
(a) by omitting from subsection (1)(b)
"under the Vocational Education and
Training Act 1994 or";
(b) by omitting paragraph (c) from
subsection (6).
Vocational Education and Training Act 1994
1. Section 3 is amended as follows:
(a) by omitting the definitions of
"accreditation certificate" and
"accredited training course";
(b) by omitting the definitions of "Australian
Qualifications Framework" and
"Australian Quality Training
Framework";
(c) by omitting the definitions of
"compliance audit" and "corresponding
law";
(d) by omitting the definitions of "higher
education", "interstate course accrediting
body", "interstate registered training
organisation", "legislative compliance
standard" and "local registered training
organisation";
(e) by omitting the definition of "national
course accreditation standards";
23
Vocational Education and Training (Commonwealth Powers)
Act 2011
Act No. of
sch. 1
(f) by omitting the definitions of "national
training register", "national training
standards" and "nationally endorsed
training package";
(g) by omitting the definitions of
"Qualifications Authority" and
"registered";
(h) by omitting the definition of "registered
training organisation" and substituting
the following definition:
"registered training organisation"
means a registered training
organisation within the meaning
of the National Vocational
Education and Training
Regulator Act 2011 of the
Commonwealth;
(i) by omitting the definitions of
"registering body", "registration
certificate" and "scope of registration";
(j) by omitting the definition of "standards
for State and Territory registering and
course accrediting bodies";
(k) by omitting the definition of "statement
of attainment";
(l) by omitting the definition of "unit of
competency".
24
Vocational Education and Training (Commonwealth Powers) Act
2011
Act No. of
sch. 1
2. Parts 4, 5 and 5A are repealed.
3. Section 69 is amended by omitting subsection
(1B).
4. Section 80 is amended by omitting subsection
(3).
5. Section 83 is amended as follows:
(a) by omitting from subsection (4) "the
Qualifications Authority,";
(b) by omitting subsection (5).
Workplace Health and Safety Regulations 1998
1. Regulation 9(1)(a) is amended by omitting "or as
approved by Skills Tasmania established under
the Vocational Education and Training Act
1994; or" and substituting "; or".
Youth Participation in Education and Training
(Guaranteeing Futures) Act 2005
1. Section 7(d) is amended by omitting "Vocational
Education and Training Act 1994" and
substituting "Tasmanian Qualifications
Authority Act 2003".
25
Vocational Education and Training (Commonwealth Powers)
Act 2011
Act No. of
sch. 1
26 Government Printer, Tasmania