Victorian Current Acts

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 4.1.1

    (1)     In this Chapter—

"accredit" in relation to a course of study that leads to an education award or the award of a registered qualification, means recognise that the standard of the course of study, the rules for the combination of the parts of the course and the way of delivering it, are appropriate to the award or qualification;

"accreditation" includes renewed accreditation;

S. 4.1.1(1) def. of
AQTF amended by No. 71/2010 s. 4(2).

"AQTF" means the policy framework entitled "Australian Quality Training Framework" that defines the criteria and standards for the registration of training organisations and the accreditation of courses in the vocational education and training sector endorsed by the Ministerial Council on 9 June 2010, and that policy framework as amended or as remade or endorsed from time to time by the Ministerial Council;

"assessment process", in relation to a course, means the methods and criteria used or to be used to determine whether a student has achieved the learning outcomes or competencies specified for that course;

"Chairperson" means the Chairperson of the Authority;

S. 4.1.1(1) def. of child inserted by No. 23/2021 s. 55.

"child" has the same meaning as in the Child Wellbeing and Safety Act 2005 (other than Part 6A of that Act);

"condition" means—

        (a)     a condition or limitation on all or some of the operations of a registered provider; or

        (b)     a restriction;

"corresponding law" means—

        (a)     if a regulation prescribes a law of another jurisdiction as the corresponding law for the purposes of this definition, the law prescribed under the regulation; or

        (b)     otherwise, a law of another jurisdiction that corresponds with this Act or a provision of this Act;

S. 4.1.1(1) def. of course amended by No. 45/2021 s. 15.

course means—

        (a)     a course normally undertaken in, or designed to be undertaken in, year 11 or 12 of the school years; or

        (b)     a course leading to the issue of the VCE, VCAL or the VPC; or

        (c)     a vocational education and training course, subject, unit of competency or module; or

        (d)     a further education course; or

        (e)     a course leading to a higher education award—

and includes—

        (f)     a program of study or training leading to the award or issue of a particular qualification; and

        (g)     a subject or other part of a program, unit of competence or module of study or training leading to the award or issue of a particular qualification; and

        (h)     any other study or training notified by the Minister in the Government Gazette to be a course for the purposes of this Act;

"Director" means the person employed under this Act to be the Director of the Authority;

S. 4.1.1(1) def. of effective complaint handling process inserted by No. 71/2010 s. 29.

"effective complaint handling process" means a complaint handling process established in accordance with Part 4.6A;

S. 4.1.1(1) def. of foundation secondary course inserted by No. 45/2021 s. 4(1).

"foundation secondary course" means a course pertaining to year 11 or 12 (other than a senior secondary course) leading to a foundation secondary qualification;

S. 4.1.1(1) def. of foundation secondary qualifications inserted by No. 45/2021 s. 4(1).

"foundation secondary qualifications" means qualifications described under Level 1 in the AQF;

S. 4.1.1(1) def. of government training contract inserted by No. 73/2012 s. 13.

"government training contract" means any of the following—

        (a)     a VET funding contract;

        (b)     a performance agreement entered into under section 3.1.4(1) before the repeal of that section by section 4 of the Education Legislation Amendment (Governance) Act 2012 ;

        (c)     a performance management agreement entered into under—

              (i)     section 3.1.4(4)(d) before the repeal of that section by section 4 of the Education Legislation Amendment (Governance) Act 2012 ; or

              (ii)     section 3.1.2(1)(c);

        (d)     an agreement or arrangement providing for payments of grants, subsidies or loans entered into under—

              (i)     section 3.1.4(4)(e) before the repeal of that section by section 4 of the Education Legislation Amendment (Governance) Act 2012 ; or

              (ii)     section 3.1.2(1)(d);

        (e)     a contract, agreement or arrangement, whenever entered into, for the provision of government-subsidised vocational education and training in another State or Territory;

S. 4.1.1(1) def. of
high managerial agent inserted by No. 71/2010 s. 4(4).

"high managerial agent" in relation to a person or body means an employee, agent or officer (including an officer within the meaning of the Corporations Act) of the person or body with duties of such responsibility that his or her conduct may fairly be assumed to represent the person or body in relation to the provision of education and training by the person or body;

"institution" includes person or body;

jurisdiction means Victoria or, if it has enacted a corresponding law, another State or internal Territory;

legislative compliance standard is the standard included in the RTO standards requiring that an RTO ensures that compliance with Commonwealth, State and Territory legislation and regulatory requirements relevant to its operations is integrated into its policies and procedures and that compliance is maintained;

"member" means member of the Authority and includes the Chairperson;

S. 4.1.1(1) def. of Ministerial Council repealed by No. 31/2018 s. 54.

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"National Register" means the National Training Information Service maintained by the Commonwealth to the extent that the Register consists of matters registered in accordance with this Act;

S. 4.1.1(1) def. of principal executive officer inserted by No. 71/2010 s. 4(4).

"principal executive officer" in relation to a person or body, means the person who has executive responsibility for the operation of the person or body;

"prohibition", in relation to an RTO, means a prohibition on all or some of the operations of the RTO;

"qualification" means—

        (a)     in relation to vocational education and training or further education, formal certification by an RTO and under the AQF that a person has achieved all the units of competencies or modules comprising learning outcomes stated for the qualification in—

              (i)     a nationally endorsed training package for which details of the qualification have been registered by the Commonwealth; or

              (ii)     an accredited course that provides training for the qualification; and

        (b)     in relation to any other education or training, means the recognition, by the award or issue of a certificate or otherwise, that a student has achieved particular learning outcomes or competencies;

"recognised University" means an institution that is—

        (a)     established or recognised as a University under an Act; or

        (b)     established as a University under an Act of the Commonwealth, another State, the Australian Capital Territory or the Northern Territory;

"registered", in relation to vocational education and training or further education, means registered on the State Register and National Register;

"registering body", in relation to vocational education and training or further education, means the Authority or a body equivalent to the Authority in another jurisdiction responsible for the registration of training organisations under that jurisdiction's legislation relating to vocational education and training;

"registration", in relation to an RTO, includes renewed registration;

"restriction", in relation to an RTO, means a restriction on all or some of the operations of an RTO or a prohibition;

RTO means a training organisation registered on the State Register and National Register;

S. 4.1.1(1) def. of
RTO standards substituted by No. 71/2010 s. 4(3), amended by No. 76/2013 s. 18(1).

"RTO standards" means the AQTF 2010 Essential Conditions and Standards for Initial Registration and the AQTF 2010 Essential Conditions and Standards for Continuing Registration as endorsed by the Ministerial Council on 9 June 2010 and as amended or as remade or endorsed from time to time by the Ministerial Council;

S. 4.1.1(1) def. of sector regulator inserted by No. 23/2021 s. 55.

"sector regulator" has the same meaning as in the Child Wellbeing and Safety Act 2005 ;

S. 4.1.1(1) def. of
senior secondary course inserted by No. 70/2008 s. 18, substituted by No. 27/2010 s. 58, amended by No. 45/2021 s. 4(2).

"senior secondary course" means a course leading to a senior secondary qualification or any other course pertaining to year 11 or 12 (other than a foundation secondary course);

"senior secondary qualifications" means qualifications described under the senior secondary certificate of education in the AQF;

"statement of attainment", in relation to vocational education and training or further education, means formal certification by an RTO under the AQF that a person has achieved—

        (a)     part of a qualification; or

        (b)     one or more units of competency from a nationally endorsed training package; or

        (c)     all the units of competency or modules comprising learning outcomes for an accredited course that does not meet the requirements for a qualification;

S. 4.1.1(1) def. of
TVET inserted by No. 70/2008 s. 18, repealed by No. 39/2012 s. 43.

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"unit of competency", in relation to vocational education and training or further education, means a specification of knowledge and skill and their application to a specified standard of performance.

    (2)     In this Chapter, a reference to an institution operating as a University includes a reference to an institution operating as a University in or from Victoria by means of any of the following telecommunication devices—

        (a)     a computer adapted for communicating by way of the internet or another communications network; or

        (b)     a television receiver adapted to allow the viewer to transmit information by way of a cable television network or another communications network; or

        (c)     a telephone; or

        (d)     any other electronic device.

    (3)     In this Chapter, a reference to a course of study includes a reference to a course of study offered in or from Victoria by means of any of the telecommunication devices referred to in subsection (2).

Part 4.2—Victorian Registration and Qualifications Authority