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Document Information:
- Year: 1996
- Country: Australia
- Language: English
- Document Type: Domestic Law or Regulation
- Topic:
Western Australia
V ocational Education and
T raining Act 1996
Western Australia
V ocational Education and T raining Act 1996
CONTENTS
Part 1 — Preliminary
1. Short title
2
2. Commencement
2
3. Application to Crown
2
4. Objects
2
5. Terms used
3
6. Vocational education and training provided by a
school or university
5
Part 2 — Coordination of the State
vocational education and
training system
Division 1A — VET (WA) Ministerial
Corporation
7A. Body corporate continued
7
7B. Status and purpose
7
7. Execution of documents
8
Division 1 — The Minister
8. Functions of the Minister
9
9. Powers of the Minister
10
10. Delegation by Minister
12
11. Minister may give directions
12
12. Directions to schools and universities providing
vocational education and training
13
13. Minister may issue guidelines
14
14. Minister to have access to information
14
Division 2 — Financial matters
17. Minister may lend money
15
17A. Borrowing by the Minister
16
17B. Moneys to be credited and charged to agency
special purpose account
16
17C. Guarantee by the Treasurer
17
17D. Payments under guarantee
17
Part 3 — The State Training Board
18. Establishment of Board
19
19. Constitution of the Board
19
20. Further provisions relating to the Board
20
21. Functions of the Board
20
22. Powers of the Board
21
23. Committees of the Board
22
24. Annual report of Board
22
Part 4 — The Training Accreditation
Council
25. Establishment of Council
23
26. Further provisions relating to Council
23
27. Functions of the Council
23
28. Delegation by the Council
24
29. Committees of the Council
24
30. Annual report of Council
24
31. Council may provide information to others
24
Part 5 — Colleges
Division 1 — Establishment and functions of
colleges
35. Establishment of colleges
26
36. Constitution of colleges
26
37. Functions of a college
27
38. Vacation periods
28
Division 2 — Governing councils
39. Governing council
29
40. Further provisions relating to governing councils
29
41. Interim governing councils
29
42. Functions of a governing council
30
43. Strategic plans
30
44A. Annual business plans
31
44. By-laws
32
45. Delegation by governing council
32
46. Managing director
32
47. College employees
33
Division 3 — Financial provisions
48. Funds of a college
33
49. Use of a college’s funds
33
50. College accounts
33
51. Power to borrow
34
52. Power to invest
34
53. Minister may direct transfer of college’s funds
34
54. Application of Financial Management Act 2006
and Auditor General Act 2006
35
Division 4 — Failure of governing council to
operate efficiently etc.
55. Minister may take action where governing
council fails to operate efficiently etc.
35
56. Order assuming functions or appointing
administrator
36
Division 5 — Miscellaneous matters
57A. Closure of college, consequences of
36
Part 6 — Other vocational education
and training institutions
57. Minister may establish other vocational
education and training institutions
38
Part 7A — Regulation of the
provision of some vocational
education and training
Division 1 — General matters
58A. Offences
39
58B. Council may register training providers
40
58C. Council may accredit courses
41
58D. Council may inquire into training providers and
courses
41
58E. Council may cancel certain qualifications
41
58F. When Council’s decisions have effect
42
Division 2 — Appeals against the Council’s
decisions
58G. Appeals against the Council’s decisions
43
58H. Board to establish review panels
43
58I. Reference back to Council
44
58J. Determination of appeal
44
Division 3 — Miscellaneous matters
58. Regulations for this Part
45
Part 7 — Obtaining prescribed VET
qualifications and approved
VET qualifications
Division 1 — Preliminary matters
60A. Terms used
48
60B. Inconsistency with industrial relations laws,
awards etc.
48
60C. Classification of prescribed VET qualifications
48
60D. Offences
50
Division 2 — Qualifying by doing an
apprenticeship
60E. Training contracts
51
60F. Registration of training contracts
52
60G. Terminating training contracts
53
60H. Consequences of training contracts ceasing to
have effect
54
Division 3 — Qualifying by demonstrating
competence
60I. Conferring prescribed VET qualifications to
competent persons
54
Division 4 — Miscellaneous matters
60. Regulations for this Part
56
Part 8A — Enforcement matters
61A. VET inspectors, appointment of
58
61B. VET inspectors’ powers
58
61C. Entry warrant for a place
59
61D. Consequences of investigations
61
61. Evidentiary matters
61
Part 8 — Miscellaneous
63. Remuneration of members of Board, Council
etc.
63
64. Protection from liability
63
67. Regulations
64
68. Transitional provisions (Sch. 2)
64
69. Transitional regulations
64
70. Review of Act
65
Schedule 1 — Provisions relating to
the board, the council and
governing councils
1. Vacation of office
66
2. Leave of absence
66
3. Meetings
66
4. Disclosure of interests
67
5. Voting by interested members
67
6. Clause 5 may be declared inapplicable
68
Schedule 2 — Transitional provisions
1. Provisions relating to repeal of Industrial
Training Act 1975
69
Notes
Compilation table
70
Provisions that have not come into operation
71
Defined Terms
Western Australia
V ocational Education and T raining Act 1996
An Act to establish a vocational education and training system for
the State, to constitute the State Training Board of Western
Australia and the Training Accreditation Council, to provide for the
establishment of colleges and other vocational education and training
institutions, to provide for the training of people, such as
apprentices, under training contracts with employers, and for related
purposes.
[Long title amended by No. 44 of 2008 s. 4.]
Part 1 — Preliminary
1. Short title
This Act may be cited as the Vocational Education and Training
Act 1996 1.
2. Commencement
The provisions of this Act come into operation on such day as is,
or days as are respectively, fixed by proclamation 1.
3. Application to Crown
This Act binds the Crown in right of the State.
4. Objects
The main objects of this Act are as follows —
(a) to establish a State training system for the effective and
efficient provision of vocational education and training to
meet the immediate and future needs of industry and the
community;
(b) to provide for the registration of some providers of
vocational education and training and the accreditation of
some vocational education and training courses;
(c) to provide a means by which the State is able to meet its
obligations under national arrangements relating to
vocational education and training;
(d) to promote equality of opportunity to undertake vocational
education and training;
(e) to provide for research and development for the purposes
of vocational education and training;
(f) to allow for the operation of an open and competitive
training market in this State;
(g) to provide for people, such as apprentices, to be trained
for some occupations under training contracts with
employers.
[Section 4 amended by No. 44 of 2008 s. 5.]
5. Terms used
(1) In this Act, unless the contrary intention appears —
account , of a college, means the college’s account established
under section 50;
approved VET course means a VET course that —
(a) is accredited by the Council under Part 7A; or
(b) is accredited under a corresponding law; or
(c) is prescribed by the regulations;
approved VET qualification means a document, other than a
prescribed VET qualification, that certifies that a person has
successfully completed an approved VET course or a part of an
approved VET course;
Board means the State Training Board established by section 18;
chief executive means the chief executive officer of the
department of the Public Service principally assisting the Minister
to administer the provision in which the term chief executive is
used;
college means a college established under section 35;
corresponding law means a law of another State or a Territory
that relates to vocational education and training and that is
prescribed to be a corresponding law;
Council means the Training Accreditation Council established by
section 25(1);
educational institution means an institution providing education
of any kind and includes a training provider;
governing council means a governing council provided for by
section 39(1);
industry training advisory body means an association, whether
incorporated or not, which is conversant with, and capable of
giving advice in relation to, the vocational education and training
requirements of a particular industry;
interim governing council means an interim governing council
appointed under section 41(3);
member means a member of the Board, the Council, a governing
council or an interim governing council as the context requires
and includes, where appropriate, the chairperson or deputy
chairperson of any of those bodies;
other vocational education and training institution means a
vocational education and training institution established under
section 57(2);
prescribed VET qualification means a document that certifies
that a person has a qualification of a prescribed type;
private training provider means a training provider who or
which is not a public training provider;
public training provider means —
(a) a college or other vocational education and training
institution; or
(b) a school or university that provides a VET course under
an approval given under section 6;
registered training provider means a training provider
registered —
(a) by the Council under Part 7A; or
(b) under a corresponding law;
school has the meaning given to that term in the School
Education Act 1999 section 4;
State Training Plan means a plan, approved by the Minister, that
sets out for a period —
(a) the training needs of the State’s various industries in the
period; and
(b) how those needs should be met in the period by registered
training providers, using funds provided under this Act;
and
(c) any other matters required in the plan by any direction
given under section 11;
State training system means the vocational education and training
system operating under this Act;
training provider means a person who or which provides
vocational education and training;
university means a university established under a written law;
VET course means a course of study or training or both study
and training in which vocational education and training is
provided;
VET inspector means a person appointed under section 61A(2);
vocational education and training means education, instruction,
training or experience that encompasses the development of
skills, knowledge and attitudes in any vocation, or in any
academic or practical discipline relevant to a particular occupation,
business, employment or trade, but, subject to section 6, does not
include education, instruction, training or experience provided by
a school or a university.
(2) A reference in this Act to the training market is a reference to the
market in which the vocational education and training required by
a State Training Plan may be purchased by the State from either
public or private training providers.
[Section 5 amended by No. 44 of 2008 s. 6.]
6. Vocational education and training provided by a school or
university
(1) The Minister may, for the purposes of this Act, approve a
specified course or programme, or class of course or programme,
provided by a specified school or university.
(2) Any course or programme so approved is within the definition of
vocational education and training in section 5(1).
(3) The power conferred by subsection (1) may only be exercised
with the concurrence of —
(a) in the case of a school — the Minister administering the
School Education Act 1999 ;
(b) in the case of a university — the Minister administering
the written law that establishes the university.
[Section 6 inserted by No. 44 of 2008 s. 7.]
Part 2 — Coordination of the State vocational
education and training system
Division 1A — VET (WA) Ministerial Corporation
[Heading inserted by No. 44 of 2008 s. 8.]
7A. Body corporate continued
(1) The body corporate called the “Minister for Training”, established
previously under this Act, continues under the name “VET (WA)
Ministerial Corporation”.
(2) VET (WA) Ministerial Corporation is a body corporate with
perpetual succession.
(3) Proceedings may be taken by or against VET (WA) Ministerial
Corporation in its corporate name.
(4) VET (WA) Ministerial Corporation is to be governed by the
Minister.
[Section 7A inserted by No. 44 of 2008 s. 8.]
7B. Status and purpose
(1) VET (WA) Ministerial Corporation (the corporation ) is an agent
of the State and has the status, immunities, and privileges of the
State.
(2) The corporation has power —
(a) to enter into any contract that the Minister, under this Act,
has power to enter into; and
(b) to acquire, hold and dispose of any property that the
Minister, under this Act, has power to acquire, hold and
dispose of.
(3) Despite the employment under the Public Sector Management
Act 1994 of ministerial officers for the purpose of assisting the
Minister to perform functions that the Minister performs through
the corporation, the corporation and those officers are not an
organisation for the purposes of that Act.
(1) VET (WA) Ministerial Corporation (the corporation ) is to have a
common seal.
(2) A document is duly executed by the corporation if —
(a) the corporation’s common seal is affixed to it in
accordance with subsections (3) and (4); or
(b) it is signed on behalf of the corporation by the Minister;
or
(c) it is signed on behalf of the corporation by the chief
executive, or another person, authorised under
subsection (5).
(3) The corporation’s common seal is not to be affixed to a document
except as authorised by the corporation.
(4) The corporation’s common seal is to be affixed to a document in
the presence of the Minister, and the Minister is to sign the
document to attest that the common seal was so affixed.
(5) The corporation, in writing under its common seal, may authorise
the chief executive or other person to sign documents on its
behalf, either generally or subject to conditions or restrictions
specified in the authorisation.
(6) A document executed by the chief executive or other person
under this section without the common seal of the corporation is
not to be regarded as a deed unless it is executed as a deed as
authorised under subsection (5).
(7) A document purporting to be executed in accordance with this
section is to be presumed to be duly executed until the contrary is
shown.
(8) If a document bears a seal purporting to be the common seal of
the corporation, it is to be presumed that the seal is the common
seal of the corporation until the contrary is shown.
[Section 7 inserted by No. 44 of 2008 s. 8.] Division 1 — The Minister
8. Functions of the Minister
(1) The main functions of the Minister are as follows —
(a) to control, direct and coordinate the State training system;
(b) to ensure as far as practicable that the needs set out in the
State Training Plan are provided by a combination of —
(i) public training providers, whether or not under
contracts with the Minister; and
(ii) private training providers under contracts with the
Minister;
(c) to promote the development of a competitive training
market and to facilitate commercial activities that are
authorised by or under this Act;
(d) to enter into commercial activities both within Australia
and overseas, to generate revenue for, and otherwise
benefit, the State training system.
(2) The Minister from time to time must require the Board to give the
Minister a draft State Training Plan for a period specified by the
Minister.
(3) The Minister may approve any draft State Training Plan or refuse
to approve it and require the Board to prepare another or an
amended draft.
[Section 8 amended by No. 44 of 2008 s. 10.]
9. Powers of the Minister
(1) The Minister may do all things necessary or convenient to be
done for or in connection with the performance of the functions
specified in section 8 and any other functions conferred on the
Minister by this Act.
(2) Without limiting subsection (1) the Minister may for the purpose
of performing any function —
[(a) deleted]
(b) determine and coordinate arrangements for —
(i) the curriculum;
(ii) student selection, admission and enrolment
procedures; and
(iii) other administrative procedures,
to be used or followed by public training providers;
(c) acquire, hold, improve, develop and dispose of land and
other property of any kind, for and on account of the
State, for the purposes of this Act;
(d) after publicly inviting tenders or expressions of interest to
provide vocational education and training, enter into
contracts with training providers under which the training
providers provide vocational education and training or
services related to vocational education and training;
(e) provide funds, by way of grants and otherwise, and make
other resources available to training providers and other
persons for and for purposes related to vocational
education and training;
(f) authorise, by lease, licence or other arrangement, the use
for commercial, community or any other purpose of any
land, buildings, equipment, facilities or services used or
provided for, or in connection with, the provision of
vocational education and training as long as the use for
such a purpose does not detract from the provision of
vocational education and training;
(g) enter into contracts or other arrangements to provide
products, consultancy or other services in the course of,
or incidental to, the provision of vocational education and
training;
(h) turn to account the vocational education and training
expertise of the State by means of the sale of services and
the commercial exploitation of intellectual property,
including the assignment and licensing of such property;
(i) enter into contracts and arrangements with overseas
organisations for the provision of vocational education
and training and related services;
(j) engage in applied research and development related to
vocational education and training in conjunction with
industry, research organisations, other educational
institutions and other bodies;
(k) assist the development of industry and commerce and the
community in relation to the application of new
technology related to vocational education and training
and the skills and knowledge needed for that application;
and
(l) on terms and conditions approved by the Treasurer,
participate in any business arrangement and acquire, hold
and dispose of shares, units or other interests in, or
relating to, a business arrangement.
(3) The powers referred to in subsection (2)(d), (e), (j), (k) and (l)
are not subject to, and may be exercised despite, the State Supply
Commission Act 1991 .
(4) In subsection (2)(l) —
business arrangement means a company, a partnership, a trust, a
joint venture, or an arrangement for sharing profits;
participate includes form, promote, establish, enter, manage,
dissolve, wind up, and do anything incidental to participating in a
business arrangement.
[Section 9 amended by No. 44 of 2008 s. 11.]
10. Delegation by Minister
(1) Subject to subsection (2) the Minister may, by instrument of
delegation, and either generally or as otherwise provided in the
instrument, delegate to —
(a) the chief executive;
(b) a governing council or an interim governing council; or
(c) the managing director of a college or a person in charge of
any other vocational education and training institution,
the performance of any of the Minister’s functions under this
Act.
(2) The Minister cannot delegate any of the Minister’s powers in
relation to the appointment of members of the Board or the
Council.
(3) A person to whom a power has been delegated under
subsection (1) may subdelegate that power to another person with
the approval of the Minister but not otherwise.
11. Minister may give directions
(1) This section applies to the Board, the Council, colleges, and an
institution established under Part 6.
(2) Subject to subsection (4), the Minister may give directions to a
body to which this section applies with respect to the
performance by that body of its functions under this Act either
generally or in relation to a particular matter, and the body is to
give effect to those directions.
(3) A direction may be given under subsection (2) requiring a body
to have regard to a particular policy or principle.
(4) The Minister may not give directions to —
(a) the Board, with respect to the performance of its functions
under Part 7A Division 2; or
(b) the Council, with respect to the performance of its
functions under Part 7A Division 1.
(5) The text of any direction given to —
(a) the Board or the Council is to be included in the annual
report presented to the Minister under section 24 or 30; or
(b) a college or other institution is to be included in the annual
report submitted by the accountable authority of the
college or other institution under Part 5 of the Financial
Management Act 2006 .
[Section 11 amended by No. 77 of 2006 Sch. 1 cl. 174(1); No. 44
of 2008 s. 12.]
12. Directions to schools and universities providing vocational
education and training
(1) The Minister may give directions as to matters coming within
subsection (2) to a school or university that —
(a) provides vocational education and training by virtue of an
approval under section 6; and
(b) is funded or partly funded under this Act.
(2) The matters as to which directions may be so given are —
(a) the preparation, scope and form of management plans;
(b) the fees to be charged;
(c) the standard and general form of accounts to be kept; and
(d) reporting requirements,
in relation to the relevant vocational education and training.
[Section 12 amended by No. 44 of 2008 s. 13.]
13. Minister may issue guidelines
(1) This section applies to the Board, the Council and a public
training provider.
(2) The Minister may, from time to time, issue guidelines, not
inconsistent with this Act, to a body to which this section applies
relating to —
(a) the functioning of the State training system; and
(b) the policy to be implemented and the procedures to be
followed,
under this Act.
(3) The Minister may not issue guidelines to —
(a) the Board, with respect to the performance of its functions
under Part 7A Division 2; or
(b) the Council, with respect to a particular application or
matter that is to be determined by the Council.
(4) Guidelines issued under this section are to be followed by the
body to which they are directed.
[Section 13 amended by No. 44 of 2008 s. 14.]
14. Minister to have access to information
(1) This section applies to the Board, the Council and colleges.
(2) The Minister is entitled —
(a) to have information in the possession of a body to which
this section applies; and
(b) where the information is in or on a document, to have,
and make and retain copies of, that document.
(3) For the purposes of subsection (1) the Minister may —
(a) request a body to which this section applies to furnish
information to the Minister; or
(b) request a body to which this section applies to give the
Minister access to information.
(4) A body to which this section applies is to comply with a request
under subsection (3).
(5) In this section —
document includes any tape, disc or other device or medium on
which information is recorded or stored;
information means information specified, or of a description
specified, by the Minister that relates to the functions of a body to
which this section applies.
Division 2 — Financial matters
[15, 16. Deleted by No. 44 of 2008 s. 15.]
17. Minister may lend money
(1) The Minister may lend money for approved purposes to a private
training provider which does not operate for the purpose of
private gain by its members, provided the purposes relate to the
provision of vocational education and training.
(2) Any such loan is to be made out of moneys borrowed by the
Minister under section 17A.
(3) The terms and conditions of any such loan, including the interest
to be paid —
(a) may be less onerous than those that might reasonably
apply to such a loan made commercially; and
(b) are to be approved by the Treasurer.
(4) In subsection (1) —
approved purposes means the acquisition of land, the
construction, modification and renovation of buildings and the
purchase or lease of plant and equipment, or any of those things.
[Section 17 inserted by No. 27 of 1998 s. 7.]
17A. Borrowing by the Minister
(1) The Minister may borrow moneys for the purpose of lending
under section 17 —
(a) from the Treasurer on such terms and conditions relating
to repayment and payment of interest as the Treasurer
imposes; or
(b) with the prior written approval of the Treasurer and on
such terms and conditions as the Treasurer approves,
from persons other than the Treasurer.
(2) Any moneys borrowed by the Minister under subsection (1)(b)
may be raised —
(a) as one loan or as several loans; and
(b) in such manner as the Treasurer approves.
(3) The total amount of the moneys borrowed by the Minister under
subsection (1)(b) in any one financial year is not to exceed such
amount as the Treasurer approves.
[Section 17A inserted by No. 27 of 1998 s. 7.]
17B. Moneys to be credited and charged to agency special
purpose account
(1) The following moneys are to be credited to an agency special
purpose account established under the Financial Management
Act 2006 section 16 —
(a) repayments of moneys loaned under section 17; and
(b) moneys borrowed under section 17A.
(2) The following moneys are to be charged to that account —
(a) moneys loaned under section 17; and
(b) repayments of moneys borrowed under section 17A.
[Section 17B inserted by No. 27 of 1998 s. 7; amended by No. 77
of 2006 Sch. 1 cl. 174(6); No. 44 of 2008 s. 16.]
17C. Guarantee by the Treasurer
(1) The Treasurer may, in the name and on behalf of the Crown in
right of the State, guarantee the payment of any moneys payable
by the Minister in respect of moneys borrowed by the Minister
under section 17A(1)(b).
(2) A guarantee is to be in such form and contain such terms and
conditions as the Treasurer determines.
(3) Before a guarantee is given —
(a) the Minister is to give to the Treasurer such security as
the Treasurer requires; and
(b) all instruments that are necessary for the purpose are to be
executed.
(4) The Treasurer may fix charges to be paid by the Minister to the
credit of the Consolidated Account in respect of a guarantee given
under this section.
[Section 17C inserted by No. 27 of 1998 s. 7; amended by No. 77
of 2006 s. 4.]
17D. Payments under guarantee
(1) The due payment of moneys under a guarantee given under
section 17C is to be —
(a) made by the Treasurer; and
(b) charged to, and paid out of, the Consolidated Account,
and this subsection appropriates that Account accordingly.
(2) The Treasurer is to cause to be credited to the Consolidated
Account any amounts received or recovered from the Minister or
otherwise in respect of any payment made by the Treasurer under
a guarantee given under section 17C.
[Section 17D inserted by No. 27 of 1998 s. 7; amended by
No. 77 of 2006 s. 4 and 5(1).]
Part 3 — The State Training Board
18. Establishment of Board
There is established a body called the State Training Board.
19. Constitution of the Board
(1) The Board is to consist of —
(a) 7 persons appointed by the Minister, of whom one is to
be appointed by the Minister to be the chairperson; and
(b) the persons appointed under subsection (2), if any.
(2) The members appointed under subsection (1)(a) may submit to
the Minister a panel of names from which the Minister may
appoint 2 other persons to be members of the Board.
(3) The members are to be appointed by the Minister for their
experience and expertise in education and training, industry or
community affairs and for their ability to contribute to the
strategic direction of the State training system.
(4A) The Board’s members must include —
(a) at least one person experienced in employers’ interests;
and
(b) at least one person experienced in workers’ interests.
(4B) For the purpose of complying with subsection (4A)(a), the
Minister, in writing, may request the body called the Chamber of
Commerce and Industry of Western Australia (Inc.) to give the
Minister in accordance with the request the name of one or more
(as is specified in the request) persons each of whom has the
required experience and is willing to act as a member.
(4C) For the purpose of complying with subsection (4A)(b), the
Minister, in writing, may request the body called UnionsWA to
give the Minister in accordance with the request the name of one
or more (as is specified in the request) persons each of whom has
the required experience and is willing to act as a member.
(4) A member is to hold office —
(a) in the case of the chairperson for such period not
exceeding 5 years; and
(b) in the case of any other member for such period not
exceeding 3 years,
as is specified in the instrument appointing that member, and a
member is eligible for re-appointment.
(5) The appointment of a member is to be published in the Gazette .
[Section 19 amended by No. 44 of 2008 s. 17.]
20. Further provisions relating to the Board
(1) Schedule 1 has effect with respect to the Board.
(2) Subject to this Act, the Board may determine its own procedures.
21. Functions of the Board
(1) The functions of the Board are as follows —
(a) to give the Minister a draft State Training Plan as and
when required by the Minister;
(b) to recognise various industry training advisory bodies as
bodies from which the Board takes advice for the purpose
of drafting a State Training Plan or making
recommendations to the Minister under Part 7;
(ca) to make recommendations that are required or permitted to
be made by it to the Minister under Part 7;
(c) to prepare, for consideration by the Minister, policy
which aims to improve the links between specific industry
developments and vocational education and training so as
to gain optimum employment opportunities for people,
and ensure the availability of appropriately skilled labour,
in the State;
(d) to perform the functions it has under Part 7A Division 2;
(e) to provide advice to the Minister on the matters set out in
subsection (2).
(2) The Board is to provide advice to the Minister on —
(a) the existing and anticipated supply and demand for skills
in various industries, particularly expanding industries
and industries which are experiencing or are expected to
experience a shortage of skilled labour, and on proposed
strategies to support such industries;
(b) strategic directions, policies and priorities for the State
training system;
(c) emerging international, national and State training issues;
(d) the extent to which training services meet the current and
future requirements of industry and the community,
including the requirement for equal opportunity of access
to those services; and
(e) any other matters, as directed by the Minister.
[Section 21 amended by No. 44 of 2008 s. 18.]
22. Powers of the Board
(1) The Board may do all things necessary or convenient to be done
for or in connection with the performance of its functions.
(2) For the purposes of section 21(1)(b) the Board may issue
guidelines to industry training advisory bodies in relation to —
(a) the criteria to be met for an industry training advisory
body to be recognised by the Board; and
(b) the matters in relation to which the advice of a recognised
industry training advisory body may be sought or given.
23. Committees of the Board
(1) The Board may appoint committees to assist it to perform its
functions, and may abolish or alter any committee it has
appointed.
(2) A committee may include people who are not members of the
Board but must include at least one member of the Board.
(3) The Board may by resolution delegate to a committee, either
generally or as otherwise provided in the resolution, any of the
Board’s functions under this Act other than this power of
delegation.
(4) A committee may determine its own procedures but they must be
consistent with any directions of the Board and the terms of any
delegation under which the committee is acting.
[Section 23 inserted by No. 44 of 2008 s. 19.]
24. Annual report of Board
(1) The Board, on or before 30 September in each year, is to prepare
and present to the Minister a report on the operations of the
Board during the period of 12 months ending on the preceding 30
June.
(2) The Minister is to cause the report to be laid before both Houses
of Parliament as soon as practicable after its receipt by the
Minister.
Part 4 — The Training Accreditation Council
[Division heading deleted by No. 44 of 2008 s. 20.]
25. Establishment of Council
(1) There is established a council called the Training Accreditation
Council.
(2) The Council is to consist of 7 members appointed by the Minister
of whom one is to be appointed by the Minister to be
chairperson.
(3) The Minister must not appoint a person as a member of the
Council unless satisfied the person has expertise, qualifications or
experience relevant to the Council’s functions.
[Section 25 amended by No. 44 of 2008 s. 21.]
26. Further provisions relating to Council
(1) Schedule 1 has effect with respect to the Council.
(2) Subject to this Act, the Council may determine its own
procedures.
(3) The chief executive must provide staff, services and facilities to
enable the Council to perform its functions.
[Section 26 amended by No. 44 of 2008 s. 22.]
27. Functions of the Council
(1) The functions of the Council are set out in this Part and Part 7A.
(2) The Council may do all things necessary or convenient to be done
for or in connection with the performance of its functions.
[Section 27 inserted by No. 44 of 2008 s. 23.]
28. Delegation by the Council
The Council may by resolution delegate to a person, including a
committee appointed under section 29, either generally or as
otherwise provided in the resolution, any of the Council’s
functions under this Act other than this power of delegation.
[Section 28 amended by No. 44 of 2008 s. 24.]
29. Committees of the Council
(1) The Council may appoint committees to assist it to perform its
functions, and may abolish or alter any committee it has
appointed.
(2) A committee may include people who are not members of the
Council but must include at least one member of the Council.
(3) A committee may determine its own procedures but they must be
consistent with any directions of the Council and the terms of any
delegation under which the committee is acting.
[Section 29 inserted by No. 44 of 2008 s. 25.]
30. Annual report of Council
(1) The Council, on or before 30 September in each year, is to
prepare and present to the Minister a report on the operations of
the Council during the period of 12 months ending on the
preceding 30 June.
(2) The Minister is to cause the report to be laid before both Houses
of Parliament as soon as practicable after its receipt by the
Minister.
[Division heading deleted by No. 44 of 2008 s. 26.]
31. Council may provide information to others
(1) The Council may provide information received by it in the course
of performing its functions to any person it thinks fit.
(2) Information provided under this section may be provided subject
to any conditions the Council decides.
[Section 31 inserted by No. 44 of 2008 s. 26.]
[32-34. Deleted by No. 44 of 2008 s. 26.]
Part 5 — Colleges
Division 1 — Establishment and functions of colleges
35. Establishment of colleges
There are to be maintained in the State such colleges as the
Minister considers necessary or desirable for the provision of
vocational education and training and for that purpose the
Minister may, by order published in the Gazette —
(a) establish a college;
(b) amalgamate a college or part of a college with another
college or close a college;
(c) name or rename a college; and
(d) make provision in relation to any other matters necessary
for, or incidental to —
(i) giving effect to the order; and
(ii) protecting the rights, interests and welfare of
persons affected by an order by which colleges
are amalgamated or a college is closed.
36. Constitution of colleges
(1) A college consists of the governing council, the staff and the
enrolled students of that college.
(2) A college is a body corporate with —
(a) perpetual succession and a common seal; and
(b) power to take and defend proceedings in its corporate
name.
(3) Regulations may be made under section 67 as to the custody and
use of the common seal of a college or a facsimile of that seal, in
this State or any other State or Territory.
37. Functions of a college
(1A) In this section —
business arrangement has the meaning given in section 9(4);
participate has the meaning given in section 9(4).
(1) The functions of a college are as follows —
(a) to provide vocational education and training;
(ba) to tender for and enter into contracts for the provision by
it of vocational education and training;
(bb) to provide vocational education and training on a fee for
service basis;
(b) to confer awards and, if it is a registered training provider
and, under the terms of its registration as such, authorised
to do so —
(i) approved VET qualifications; and
(ii) prescribed VET qualifications;
(ca) to provide, for a fee or otherwise, or enter into contracts
to provide, products, consultancy or other services in the
course of, or incidental to, the provision by the college of
vocational education and training;
(c) to undertake research and development related to
vocational education and training which has a direct
practical application to industry, commerce and the
community;
(da) to turn to account the vocational education and training
expertise of the college by means of the sale of services
and the commercial exploitation of intellectual property,
including the assignment and licensing of such property;
(d) to promote equality of opportunity in the undertaking of
vocational education and training;
(ea) to provide adult and community education;
(e) to provide or arrange for the provision of services to its
students;
(fa) to provide housing for its staff, and residential
accommodation for its students;
(fb) with the approval of the Minister, to establish and
maintain branches of the college at such places in the State
as its governing council thinks fit;
(f) with the approval of the Minister, on terms and conditions
approved by the Treasurer, to participate in business
arrangements relating to the provision of vocational
education and training;
(g) to contribute to the general development of the community
in the region of the college through such activities as may
be authorised by the Minister;
(h) to provide education on behalf of another educational
institution;
(i) to perform any function prescribed.
(2) A college must perform its functions in accordance with its
strategic plan last approved under section 43 and its business plan
last approved under section 44A.
(3) A college is not to hold land or any estate or interest in land, but
this subsection does not apply to the holding of land or an estate
or interest in land that is part of a business arrangement in which
the college participates under subsection (1)(f).
(4) The power conferred by subsection (1)(f) is not subject to, and
may be exercised despite, the State Supply Commission Act 1991 .
[Section 37 amended by No. 44 of 2008 s. 27.]
38. Vacation periods
(1) The Minister may, by order published in the Gazette determine
the vacation periods for colleges in each year.
(2) Section 43(4) and (7) to (9) of the Interpretation Act 1984 apply
to an order under this section as if it were a regulation.
Division 2 — Governing councils
39. Governing council
(1) A college is to have a governing council.
(2) The governing council of a college is to consist of —
(a) a chairperson and a deputy chairperson and not less than
6 or more than 10 other members appointed by the
Minister; and
(b) the managing director for the time being of the college.
(3) The members referred to in subsection (2)(a) are to be appointed
for their experience and expertise in education and training,
industry or community affairs and for their ability to contribute to
the strategic direction of the college.
(4) A member appointed under subsection (2)(a) is to be appointed
for a period not exceeding 3 years and is eligible for
re-appointment.
40. Further provisions relating to governing councils
(1) Schedule 1 has effect with respect to governing councils.
(2) Subject to this Act, a governing council may determine its own
procedures.
41. Interim governing councils
(1) The governing council of a college is to be constituted on the day
specified in the order by which the college is established.
(2) Until the governing council of a college is constituted the college
may, if necessary, be administered by an interim governing
council appointed under subsection (3).
(3) The Minister may, by order published in the Gazette (whether
before, with or after the order by which the college is
established) —
(a) appoint such number of persons as he or she thinks fit to
be the interim governing council of the college;
(b) make provision in relation to the terms of appointment of
and the procedures to be followed by, an interim
governing council; and
(c) authorise the interim governing council to exercise such
of the powers of a governing council as are specified in
the notice.
42. Functions of a governing council
(1) The governing council is the governing body of a college with
authority in the name of the college to perform the functions of
the college and govern its operations and affairs.
(2) A governing council of a college may do all things necessary or
convenient to be done for or in connection with the performance
of its functions.
(3) A governing council may perform its functions in another State
or a Territory if that is necessary or convenient for the
performance of the functions of the college.
(4) In performing its functions the governing council of a college
must ensure the college’s courses, programmes and services are
responsive to, and meet, the needs of students, industry and the
community.
[Section 42 amended by No. 44 of 2008 s. 28.]
43. Strategic plans
(1) Before 1 September in each year, or before some other date
notified to the college by the Minister in writing, a college must
give the Minister a draft strategic plan for the college for such
period, beginning on the following 1 January, as is prescribed.
(2) A college’s strategic plan must set out —
(a) the college’s medium to long term objectives (including
economic and financial objectives) and operational targets
and how those objectives and targets will be achieved;
and
(b) any other matters that are prescribed.
(3) A college’s strategic plan must be consistent with the State
Training Plan.
(4) The Minister may approve a draft plan received from a college
under this section or refuse to approve it and require the college
to prepare another or an amended draft.
(5) A college may change a plan approved by the Minister under this
section with the approval of the Minister.
[Section 43 inserted by No. 44 of 2008 s. 29.]
44A. Annual business plans
(1) Before 1 September in each year, or before some other date
notified to the college by the Minister in writing, a college must
give the Minister a draft business plan for the college for the year
that begins on the following 1 January.
(2) A college’s business plan for a year must set out —
(a) the vocational education and training that the college plans
to provide in the year; and
(b) the other functions of the college that it plans to perform
in the year; and
(c) any other matters that are prescribed.
(3) A college’s business plan for a year must be consistent with the
State Training Plan, and the college’s strategic plan (if any)
approved under section 43, that apply to the year.
(4) The Minister may approve a draft plan received from a college
under this section or refuse to approve it and require the college
to prepare another or an amended draft.
(5) A college may change a plan approved by the Minister under this
section with the approval of the Minister.
[Section 44A inserted by No. 44 of 2008 s. 30.]
44. By-laws
With the approval of the Minister, a governing council may make
by-laws —
(a) for the safe operation and efficient management of lands
and facilities under the management or control of the
college, regulating entry on to, use of and conduct on,
those lands and facilities and providing disciplinary
consequences and penalties not exceeding $1 000 for
breach of those by-laws; and
(b) prescribing —
(i) the classes of membership and the conditions or
qualifications for membership of a student
association; and
(ii) the functions of a student association and other
matters that are necessary or convenient for the
effective performance of those functions.
45. Delegation by governing council
(1) Subject to subsection (2), a governing council may delegate the
performance of all or any of its functions under this Act, other
than its power under section 44 to make by-laws, to the managing
director of the college.
(2) The managing director of a college to whom a function is
delegated under subsection (1) may subdelegate that function to a
person employed by the college with the approval of the
governing council but not otherwise.
46. Managing director
(1) A chief executive officer is to be appointed under Part 3 of the
Public Sector Management Act 1994 for each college.
(2) The chief executive officer for a college is to be called the
managing director of the college.
47. College employees
A college is to employ such persons as the governing council
considers necessary to enable the functions of the college and the
governing council to be performed.
Division 3 — Financial provisions
48. Funds of a college
A college’s funds consist of the following —
(a) monies appropriated by Parliament;
(b) monies received from commercial activities conducted by
the college;
(c) monies borrowed by it under section 51;
(d) any other monies lawfully received by it.
[Section 48 inserted by No. 44 of 2008 s. 31.]
49. Use of a college’s funds
A college’s funds are to be applied to meet the following —
(a) the college’s expenses in performing its functions;
(b) the remuneration and allowances payable under section 63
to the members of the college’s governing council;
(c) the salaries and wages of, and the other expenses
associated with the employment of —
(i) the college’s managing director; and
(ii) the college’s staff.
[Section 49 inserted by No. 44 of 2008 s. 31.]
50. College accounts
(1) An account called the (name of college) Account is to be
established for each college —
(a) as an agency special purpose account under the Financial
Management Act 2006 section 16; or
(b) with the approval of the Treasurer, at a bank as defined in
section 3 of that Act.
(2) Any funds of a college referred to in section 48 must be credited
to the college’s account.
(3) Any funds of a college applied under section 49 must be debited
to the college’s account.
[Section 50 inserted by No. 44 of 2008 s. 31.]
51. Power to borrow
A college may borrow money on such terms and conditions as
the Treasurer approves.
52. Power to invest
If a college’s account is maintained at a bank, the governing
council may, with the written approval of the Treasurer, invest
any funds of the college that are not immediately required for the
purposes of this Act in the manner that moneys in the Public
Bank Account may be invested under the Financial Management
Act 2006 .
[Section 52 amended by No. 77 of 2006 Sch. 1 cl. 174(8); No. 44
of 2008 s. 32.]
53. Minister may direct transfer of college’s funds
If the Minister is satisfied that there is available in a college’s
account a credit balance in excess of the amount reasonably
required by the college, the Minister may direct that the whole or
a part of that excess be credited to —
(a) another college’s account; or
(b) an account to which the Financial Management Act 2006
applies that is operated for or in connection with the
purposes of this Act.
[Section 53 inserted by No. 44 of 2008 s. 33.]
54. Application of Financial Management Act 2006 and Auditor
General Act 2006
(1) The provisions of the Financial Management Act 2006 and the
Auditor General Act 2006 regulating the financial administration,
audit and reporting of statutory authorities apply to and in respect
of a college and its operations.
(2) The financial year of a college begins on 1 January and ends on
31 December and a reference in the Financial Management
Act 2006 to an annual report is to be construed accordingly.
(3) The Minister, with the approval of the Treasurer, may determine
that for the purposes of this section in respect of any operation of
the college another period of one year may be substituted for the
financial year referred to in subsection (2).
[Section 54 amended by No. 77 of 2006 Sch. 1 cl. 174(9)-(11);
No. 44 of 2008 s. 34.]
Division 4 — Failure of governing council to operate
efficiently etc.
55. Minister may take action where governing council fails to
operate efficiently etc.
Where, in the opinion of the Minister, the governing council of a
college has failed, or is failing —
(a) to operate efficiently or effectively; or
(b) to perform its functions in accordance with the college’s
strategic plan last approved under section 43 or its
business plan last approved under section 44A; or
(c) otherwise to adequately and properly perform its
functions,
the Minister is to give that governing council written notice,
detailing how, in the Minister’s opinion, it has failed or is failing
and requiring it to remedy the failure within the time specified in
the notice.
[Section 55 amended by No. 44 of 2008 s. 35.]
56. Order assuming functions or appointing administrator
(1) Where in the opinion of the Minister a governing council has
failed to comply with a notice under section 55 the Minister may,
by order published in the Gazette —
(a) remove the members of the governing council from office
and appoint another governing council or appoint an
administrator to perform the functions of the governing
council; or
(b) amalgamate the college with another college or close the
college.
(2) An order under subsection (1) may make provision in relation to
any other matters necessary for or incidental to —
(a) giving effect to the order; and
(b) protecting the rights, interests and welfare of persons
affected by the order.
(3) An order under subsection (1) may be expressed to take effect on
the day of publication, on a day specified in the order being a day
not later than the day of publication or on the happening of an
event specified in the order and to continue in effect until a day,
or the happening of an event, so specified.
Division 5 — Miscellaneous matters
[Heading inserted by No. 44 of 2008 s. 36.]
57A. Closure of college, consequences of
(1) In this section —
closing day of a college, means the day on which an order that
closes the college, published under section 35(b) or 56(1)(b),
takes effect.
(2) The Minister must notify the Treasurer as soon as practicable
after publishing an order under section 35(b) or 56(1)(b) that
closes a college.
(3) On the closing day of a college the following provisions apply —
(a) all assets and rights of the college become assets and
rights of the Minister without the need for any transfer;
(b) all liabilities of the college, including contingent liabilities,
become liabilities of the Minister;
(c) any agreement to which the college is a party (other than
one to which the Minister was the other party) has effect
as if the Minister was substituted for the college as a party
to that agreement;
(d) all proceedings commenced before the closing day by or
against the college are to be taken to be proceedings
pending by or against the Minister;
(e) anything done or omitted to be done in relation to the
assets, rights and liabilities referred to in paragraphs (a)
and (b) before the closing day by, to or in respect of the
college (to the extent that that thing has any force or
effect) is to be taken to have been done by, to or in respect
of the Minister;
(f) the Minister becomes the owner of all the college’s
registers, documents, books and other records, however
compiled, recorded or stored and of any tape, disk or
other device or medium relating to such records;
(g) the status of a college as a body corporate ceases.
(4) The Minister is to complete the winding-up of the operations and
affairs of the college as soon as practicable after the closing day
and for that purpose the Minister has, and may exercise, any
powers that are necessary.
(5) On the closure of a college, the Financial Management Act 2006
Part 5 Division 3 applies to and in respect of the college.
[Section 57A inserted by No. 44 of 2008 s. 36.]
Part 6 — Other vocational education and training
institutions
57. Minister may establish other vocational education and
training institutions
(1) The Minister may exercise the powers conferred by this section
where in the Minister’s opinion it is necessary or desirable to do
so for the purposes of vocational education and training but it is
not appropriate to establish a college for that purpose, or to do so
at the particular time.
(2) Where subsection (1) applies, the Minister may, by order
published in the Gazette —
(a) establish any vocational education and training institution,
other than a college, that he or she considers is required
for the effective operation of the State training system;
and
(b) make provision in relation to any matters necessary for, or
incidental to, giving effect to the order including provision
for the employment of persons by the chief executive,
otherwise than under the Public Sector Management
Act 1994 .
[(3) deleted]
(4) An institution established under subsection (2) has such
functions and is to operate in such manner as the Minister
specifies in the order establishing the institution.
(5) An institution established under subsection (2) is to be regarded
as a service under the control of the department of the Public
Service that principally assists the Minister to administer this
Part.
vocational education and training
[Heading inserted by No. 44 of 2008 s. 38.] Division 1 — General matters
[Heading inserted by No. 44 of 2008 s. 38.] 58A. Offences
(1) A person must not claim or purport to provide an approved VET
course if —
(a) the person is not a registered training provider; or
(b) the person is a registered training provider but is not
permitted to provide the course by —
(i) any condition of the person’s registration as a
registered training provider; or
(ii) any condition of the course’s accreditation; or
(iii) any order of the Council;
or
(c) the course is not an approved VET course.
(2) Subsection (1)(a) does not apply to a person who, under an
arrangement with a registered training provider, provides an
approved VET course on behalf of the provider while being
monitored by the provider.
(3) A person must not confer, or claim or purport to confer, an
approved VET qualification or a prescribed VET qualification
if —
(a) the person is not a registered training provider; or
(b) the person is a registered training provider but is not
permitted to confer the qualification by —
(i) any condition of the person’s registration as a
registered training provider; or
(ii) any order of the Council.
(4) A person must not claim or purport to confer an approved VET
qualification, or a prescribed VET qualification, if the
qualification is not an approved VET qualification or a prescribed
VET qualification.
(5) A person must not claim or purport to be a registered training
provider if —
(a) the person is not a registered training provider; or
(b) the person is a registered training provider but the Council
has ordered the person not to operate in this State.
Penalty: a fine of $10 000.
[Section 58A inserted by No. 44 of 2008 s. 38.]
58B. Council may register training providers
Subject to the regulations, the Council, on an application by a
person or on its own initiative —
(a) may register a training provider, either unconditionally or
subject to conditions decided by the Council; and
(b) if a registered training provider’s registration was granted
by the Council, may vary, suspend or cancel the
registration; and
(c) if a registered training provider’s registration was not
granted by the Council, may —
(i) order the provider not to operate in this State; or
(ii) by order, impose conditions restricting the
provider’s operations in this State.
[Section 58B inserted by No. 44 of 2008 s. 38.]
58C. Council may accredit courses
Subject to the regulations, the Council, on an application by a
person or on its own initiative —
(a) may accredit a VET course, either unconditionally or
subject to conditions decided by the Council; and
(b) if an approved VET course is accredited by the Council,
may vary, suspend or cancel the accreditation.
[Section 58C inserted by No. 44 of 2008 s. 38.]
58D. Council may inquire into training providers and courses
For the purpose of ensuring this Act is complied with and the
quality of training providers and VET courses, the Council may
inquire into —
(a) a training provider that is, or that has applied to be,
registered by the Council under this Part; and
(b) a VET course that is, or that is the subject of an
application to be, accredited by the Council under this
Part; and
(c) at the request of, or after consulting, a body with
functions similar to the Council’s under a corresponding
law —
(i) a training provider that is, or that has applied to
be, registered by that body; and
(ii) a VET course that is, or that is the subject of an
application to be, accredited by that body.
[Section 58D inserted by No. 44 of 2008 s. 38.]
58E. Council may cancel certain qualifications
(1) The Council may cancel an approved VET qualification or a
prescribed VET qualification conferred by a registered training
provider if the Council is satisfied that it was conferred —
(a) by mistake or on the basis of false or misleading
information; or
(b) in contravention of this Act.
(2) The Council must not cancel an approved VET qualification or a
prescribed VET qualification unless the Council —
(a) has given the person who conferred the qualification and
the person who received it written notice of —
(i) the Council’s intention to cancel it; and
(ii) their entitlement to make representations to the
Council about the matter;
and
(b) has afforded those persons a reasonable opportunity to
make representations to the Council about the matter; and
(c) has considered any representations made to the Council
by those persons within the time allowed by the Council
for doing so.
(3) To cancel an approved VET qualification or a prescribed VET
qualification, the Council must give written notice of the
cancellation to the person who conferred the qualification and the
person who received it.
[Section 58E inserted by No. 44 of 2008 s. 38.]
58F. When Council’s decisions have effect
A decision of the Council made under section 58B, 58C or 58E
takes effect —
(a) if no appeal is commenced under section 58G, when the
time for commencing an appeal has passed; or
(b) if an appeal is commenced under section 58G, when that
appeal is determined under section 58J or is withdrawn;
or
(c) on any later day the Council may specify.
[Section 58F inserted by No. 44 of 2008 s. 38.]
Division 2 — Appeals against the Council’s decisions
[Heading inserted by No. 44 of 2008 s. 38.]
58G. Appeals against the Council’s decisions
(1) A person who is dissatisfied with a decision of the Council made
under section 58B, 58C or 58E may appeal against it to the
Board.
(2) An appeal can be only on the ground that, in making the decision
appealed against, the Council erred in its application of, or failed
to apply criteria or procedures in, guidelines it was required to
apply under section 13 or by the regulations.
(3) An appeal against a decision of the Council must —
(a) be commenced by giving the Board a written notice
stating the decision and the grounds of the appeal; and
(b) be commenced within 21 days after the date on which the
appellant was notified of the decision; and
(c) be conducted in accordance with the regulations.
(4) The Board must give the Council a copy of any appeal notice.
[Section 58G inserted by No. 44 of 2008 s. 38.]
58H. Board to establish review panels
(1) To assist it in determining an appeal commenced under
section 58G, the Board must establish an independent review
panel comprised of as many persons with expertise in the area of
the subject matter of the appeal as it considers appropriate.
(2) The review panel must consider the decision appealed against and
submit to the Board, within the time the Board allows, a written
recommendation on the issues raised by the appeal.
[Section 58H inserted by No. 44 of 2008 s. 38.]
58I. Reference back to Council
(1) If a review panel recommends an appeal be allowed, the Board
must give the Council a copy of the panel’s recommendation and
ask the Council to reconsider the decision appealed against.
(2) If the Council receives a request made under subsection (1), it
must advise the Board, within the time the Board allows, whether
it considers the decision appealed against should be altered or
confirmed.
[Section 58I inserted by No. 44 of 2008 s. 38.]
58J. Determination of appeal
(1) If a review panel recommends an appeal not be allowed, the
Board must disallow the appeal.
(2) If a review panel recommends an appeal be allowed and under
section 58I(2) the Council advises that the decision appealed
against should be altered, the Board must allow the appeal.
(3) If a review panel recommends an appeal be allowed and under
section 58I(2) the Council advises that the decision appealed
against should be confirmed, the Board must decide whether
to —
(a) accept the panel’s recommendation and allow the appeal;
or
(b) accept the decision appealed against and disallow the
appeal.
(4) If under subsection (2) or (3)(a) the Board allows an appeal, it
must set aside the decision appealed against and substitute a
decision that accords with the review panel’s recommendation.
(5) The Board must give the appellant —
(a) written notice of any decision it makes under this section
and of the reasons for it; and
(b) a copy of the review panel’s recommendation.
(6) A decision made by the Board under this section on an appeal is
final.
[Section 58J inserted by No. 44 of 2008 s. 38.]
Division 3 — Miscellaneous matters
[Heading inserted by No. 44 of 2008 s. 38.]
58. Regulations for this Part
Without limiting the generality of section 67(1), regulations made
under section 67 for the purposes of this Part may do any of the
following —
(a) provide for who may apply to the Council;
(b) provide for how applications to the Council must be
made;
(c) prescribe criteria (including standards and guidelines) that
the Council must or may take into account when deciding
an application made to it;
(d) prescribe the conditions that the Council may impose
when registering a training provider, including but not
limited to conditions that limit —
(i) the approved VET courses that the provider can
provide;
(ii) who the provider can assess for approved VET
qualifications or prescribed VET qualifications;
(iii) the approved VET qualifications or prescribed
VET qualifications that the provider can confer;
(e) provide for the conditions that the Council may impose
when accrediting a VET course;
(f) provide for the period of any registration of a training
provider or any accreditation of a VET course;
(g) provide for any matter of a savings nature that may be
needed when the accreditation of a VET course expires;
(h) provide for a register of decisions by the Council;
(i) prescribe the circumstances that justify the Council
deciding to —
(i) vary, suspend or cancel the registration of a
training provider or the accreditation of a VET
course;
(ii) make an order against a registered training
provider whose registration was not granted by
the Council;
(j) confer a discretion on the Council;
(k) require registered training providers and persons who
hold an accreditation of a VET course to give the Council
information, including when a registration or accreditation
is suspended;
(l) provide for registered training providers to keep records
relevant to vocational education and training;
(m) require persons who cease to be registered training
providers to provide the Council with records of —
(i) the courses they provided, in whole or part, and
the persons to whom such courses were provided;
and
(ii) the qualifications they conferred and the persons
on whom the qualifications were conferred,
before ceasing to be registered;
(n) prescribe fees to be paid by —
(i) persons applying to the Council;
(ii) registered training providers and persons who
hold an accreditation of a VET course, including
when a registration or accreditation is suspended;
(iii) registered training providers and persons who
hold an accreditation of a VET course for any
inquiry the Council makes under section 58D;
(iv) persons applying to the Council for a copy of any
record about the person held by the Council.
[Section 58 inserted by No. 44 of 2008 s. 38.]
Part 7 — Obtaining prescribed VET qualifications
and approved VET qualifications
[Heading inserted by No. 44 of 2008 s. 39.]
Division 1 — Preliminary matters
[Heading inserted by No. 44 of 2008 s. 39.]
[59. Deleted by No. 44 of 2008 s. 39.]
60A. Terms used
In this Part —
apprentice means the person who is named in a training contract
as the person who will be trained under the contract, whether the
person is termed an apprentice, a trainee, a cadet, an intern or
some other term;
class , in relation to a qualification, means the class into which a
prescribed VET qualification is classified under section 60C;
training contract means a contract that complies with
section 60E.
[Section 60A inserted by No. 44 of 2008 s. 39.]
60B. Inconsistency with industrial relations laws, awards etc.
If a provision of this Part or of regulations made under section 60
is inconsistent with a provision of the Industrial Relations
Act 1979 or any order, award or industrial agreement in force
under that Act, the former provision prevails.
[Section 60B inserted by No. 44 of 2008 s. 39.]
60C. Classification of prescribed VET qualifications
(1) The Minister must not act under this section without having
received and considered the Board’s advice and recommendation
given after it has consulted in accordance with the regulations.
(2) Any act done by the Minister under this section must be done in
writing and be published in the Gazette .
(3) The Minister must classify each prescribed VET qualification that
it is possible to confer in respect of occupations, businesses,
employments or trades into one of these 3 classes —
(a) class A qualifications, being qualifications that a person
cannot obtain except by fulfilling the obligations of an
apprentice under a training contract;
(b) class B qualifications, being qualifications that a person
may, but need not, obtain by fulfilling the obligations of
an apprentice under a training contract;
(c) class C qualifications, being qualifications that a person
cannot obtain by fulfilling the obligations of an apprentice
under a training contract.
(4) The classification of a prescribed VET qualification does not limit
the operation of Division 3.
(5) The Minister may —
(a) classify a prescribed VET qualification on any condition
the Minister decides; and
(b) in relation to a class A or class B qualification, impose
any requirement for training contracts for the qualification
the Minister decides, including but not limited to —
(i) pre-conditions to be satisfied before training
contracts for the qualification can be entered into;
and
(ii) the period and terms of the contracts.
(6) The Minister may vary the classification of a prescribed VET
qualification and vary or cancel any condition or requirement
imposed under subsection (5).
(7) The chief executive must keep and make available to the public a
register of this information —
(a) class A and class B qualifications;
(b) any conditions applicable to those qualifications;
(c) any requirements applicable to training contracts for those
qualifications.
[Section 60C inserted by No. 44 of 2008 s. 39.]
60D. Offences
(1) A registered training provider must not confer, or offer or purport
to confer, a class A qualification on a person unless —
(a) the person has fulfilled the obligations of an apprentice
under a training contract that was registered under
Division 2; or
(b) the person has satisfied the registered training provider
under Division 3.
(2) An employer must not enter into a training contract with an
employee under which the employee is to be trained in order to
obtain a prescribed VET qualification unless the qualification is a
class A or class B qualification.
(3) An employer must not agree to train an employee for the purpose
of the employee obtaining a class A or class B qualification
except under a training contract.
Penalty: a fine of $10 000.
[Section 60D inserted by No. 44 of 2008 s. 39.]
Division 2 — Qualifying by doing an apprenticeship
[Heading inserted by No. 44 of 2008 s. 39.]
60E. Training contracts
(1) A training contract is a contract under which —
(a) a person who is or will be an employer agrees the
following —
(i) that a person who is or will be an employee will
be employed while he or she fulfils the
requirements of the contract in order to obtain a
class A or class B qualification;
(ii) to train the employee in accordance with the
contract;
(iii) to permit the employee to fulfil his or her
obligations under the contract and to be trained
and assessed in accordance with the contract;
(iv) that any time spent by the employee in performing
his or her obligations under the contract and in
being trained and assessed under the contract,
whether at the employer’s workplace or not, is to
be taken for all purposes (including the payment
of remuneration) to be time spent working for the
employer;
and
(b) the employee agrees to fulfil his or her obligations under
the contract and to be trained and assessed in accordance
with the contract.
(2) With the approval of the chief executive, 2 or more employers
may enter into a training contract with one apprentice.
(3) A training contract must do the following —
(a) state the class A or class B qualification to which the
contract relates;
(b) comply with the regulations and with any requirements
imposed under the regulations.
(4) Subject to the regulations, a training contract —
(a) may be varied by the parties; and
(b) may be suspended by a party; and
(c) may be assigned by the employer to another person who
employs the apprentice.
[Section 60E inserted by No. 44 of 2008 s. 39.]
60F. Registration of training contracts
(1) A training contract does not commence until it is registered by the
chief executive under this section.
(2) An employer who enters into a training contract must lodge it
with the chief executive in accordance with the regulations for
registration.
Penalty: a fine of $3 000.
(3) The chief executive may refuse to register a training contract —
(a) if the contract was not lodged in accordance with the
regulations; or
(b) if a requirement for the contract imposed under
section 60C(5) has not been complied with; or
(c) if the content or form of the contract does not comply
with the regulations; or
(d) if the chief executive is satisfied the employer is not able
to train the apprentice adequately or is not a fit and proper
person to enter into the contract; or
(e) if the apprentice is ineligible under the regulations to enter
into the contract; or
(f) for any reason prescribed in the regulations.
(4) Subsections (2) and (3), with any necessary changes, apply to a
variation of a training contract.
(5) The chief executive may cancel the registration of a training
contract for any reason prescribed in the regulations.
(6) If the chief executive cancels the registration of a training
contract, the contract ceases to have effect.
(7) The chief executive must keep a register of registered training
contracts.
(8) A person who is dissatisfied by a decision made by the chief
executive under this section may appeal against it to the Western
Australian Industrial Relations Commission.
(9) On an appeal made under subsection (8) against a decision, the
Commission must rehear the matter and may confirm the decision
or set it aside and either substitute a decision the chief executive
could make or order the chief executive to decide the matter again.
[Section 60F inserted by No. 44 of 2008 s. 39.]
60G. Terminating training contracts
(1) Subject to the regulations, a party to a training contract may
terminate it.
(2) An employer who is a party to a training contract the probation
period of which (if any) has expired must not terminate the
contract unless —
(a) the apprentice has consented to the termination; or
(b) the chief executive has approved the termination.
Penalty: a fine of $10 000.
(3) The chief executive must approve the termination of a training
contract under subsection (2) if satisfied —
(a) the employer has ceased or is about to cease business; or
(b) the employer is unable to fulfil the employer’s obligations
under the contract due to a substantial change of
circumstances that has occurred since the contract was
entered into; or
(c) the apprentice has engaged in serious misconduct; or
(d) as to any matter prescribed,
but otherwise may refuse to approve the termination.
(4) A person who is dissatisfied by a decision made by the chief
executive under this section may appeal against it to the Western
Australian Industrial Relations Commission.
(5) On an appeal made under subsection (4) against a decision, the
Commission must rehear the matter and may confirm the decision
or set it aside and either substitute a decision the chief executive
could make or order the chief executive to decide the matter again.
[Section 60G inserted by No. 44 of 2008 s. 39.]
60H. Consequences of training contracts ceasing to have effect
(1) If a training contract ceases to have effect, whether under
section 60F(6) or because it is terminated or expires or for any
other reason, the employment of the apprentice by the employer
under the contract ceases.
(2) Subsection (1) does not prevent the parties entering into another
employment agreement or arrangement.
[Section 60H inserted by No. 44 of 2008 s. 39.]
Division 3 — Qualifying by demonstrating competence
[Heading inserted by No. 44 of 2008 s. 39.]
60I. Conferring prescribed VET qualifications to competent
persons
(1) Subject to the regulations, a registered training provider may
confer a class A qualification on a person who —
(a) has not entered into a training contract under Division 2 in
respect of the qualification; or
(b) has entered into such a contract as an apprentice but has
only partly fulfilled the apprentice’s obligations under it,
if, after assessing the person, the provider is satisfied the person
nevertheless has, as a result of training received from an
employer and other learning, the skills and competency required
for the qualification.
(2) Subject to the regulations, a registered training provider may
confer a class B qualification on a person who —
(a) has not entered into a training contract under Division 2 in
respect of the qualification; or
(b) has entered into such a contract as an apprentice but has
only partly fulfilled the apprentice’s obligations under it;
or
(c) has not undertaken or successfully completed an
approved VET course in respect of the qualification,
if, after assessing the person, the provider is satisfied the person
nevertheless has the skills and competency required for the
qualification.
(3) Subject to the regulations, a registered training provider may
confer a class C qualification on a person who has not undertaken
or successfully completed an approved VET course in respect of
the qualification if, after assessing the person, the provider is
satisfied the person nevertheless has the skills and competency
required for the qualification.
(4) Subject to the regulations, a registered training provider may
confer an approved VET qualification on a person who has not
undertaken or successfully completed an approved VET course in
respect of the qualification if, after assessing the person, the
provider is satisfied the person nevertheless has the skills and
competency required for the qualification.
[Section 60I inserted by No. 44 of 2008 s. 39.]
Division 4 — Miscellaneous matters
[Heading inserted by No. 44 of 2008 s. 39.]
60. Regulations for this Part
Without limiting the generality of section 67(1), regulations made
under section 67 for the purposes of this Part may do any of the
following —
(a) provide pre-conditions to be satisfied before persons enter
into training contracts;
(b) provide for the content or form or both of training
contracts, either generally or in relation to specific
prescribed VET qualifications;
(c) give persons under 18 years of age the capacity to enter
into training contracts;
(d) provide for criteria (including standards and guidelines)
that the chief executive must or may take into account
when deciding whether to register or to cancel the
registration of training contracts;
(e) provide for the registration of contracts, including for
backdating registration;
(f) in relation to disputes arising under training contracts
between the parties to them —
(i) provide for their resolution, including by the chief
executive or a person appointed by the chief
executive;
(ii) confer on any such party aggrieved by a decision
made by a person referred to in subparagraph (i)
in respect of such a dispute a right of appeal to the
Western Australian Industrial Relations
Commission;
(g) require parties to, and registered training providers named
in, training contracts to give the chief executive
information relevant to and to the carrying out of the
contracts;
(h) impose functions on registered training providers that are
named in training contracts;
(i) confer on persons refused approved VET qualifications
or prescribed VET qualifications a right of appeal against
the refusal;
(j) prescribe the content and form of approved VET
qualifications and prescribed VET qualifications;
(k) confer a discretionary authority on the Minister.
[Section 60 inserted by No. 44 of 2008 s. 39.]
Part 8A — Enforcement matters
[Heading inserted by No. 44 of 2008 s. 40.]
61A. VET inspectors, appointment of
(1) In this section —
certificate means a certificate given under subsection (3).
(2) The Minister, in writing, may appoint persons to investigate —
(a) registered training providers, including but not limited to
the matters that may be inquired into under section 58D;
(b) suspected breaches of training contracts;
(c) suspected contraventions of this Act,
on any terms the Minister decides and specifies in the
appointment.
(3) The Minister must give each VET inspector a certificate of his or
her appointment.
(4) A person who ceases to be a VET inspector must return his or
her certificate to the Minister within 21 days.
Penalty: a fine of $400.
(5) A certificate that purports to be signed by the Minister is, in the
absence of evidence to the contrary, evidence of its contents.
(6) If requested to do so and if practicable, a VET inspector must
produce his or her certificate for inspection when exercising a
function of a VET inspector.
[Section 61A inserted by No. 44 of 2008 s. 40.]
61B. VET inspectors’ powers
(1) For the purpose of investigating any matter that he or she is
authorised to investigate, a VET inspector may do any of the
following —
(a) with the occupier’s consent, enter, inspect and search any
place, other than a dwelling, that the inspector suspects on
reasonable grounds is a place where vocational education
and training is provided;
(b) give a person a written direction to produce to the
inspector the records that are specified or described in the
direction and that are in the person’s possession;
(c) with the consent of the person in possession of the
record, read and seize or copy any record the inspector
suspects on reasonable grounds is or may be relevant to
the matter being investigated.
(2) A person who is given a written direction under subsection (1)(b)
must obey it.
Penalty: a fine of $5 000.
(3) A person must not give a VET inspector information that the
person knows is false or misleading.
Penalty: a fine of $5 000.
[Section 61B inserted by No. 44 of 2008 s. 40.]
61C. Entry warrant for a place
(1) A VET inspector may apply to a JP for an entry warrant
authorising the entry of a place, including a dwelling, for the
purpose of investigating any matter the inspector is authorised to
investigate.
(2) A VET inspector may apply for an entry warrant for a place even
if the inspector has not asked the occupier for consent to enter the
place.
(3) The application must be made in accordance with the Criminal
Investigation Act 2006 section 13.
(4) The application must —
(a) describe with reasonable particularity the place to be
entered; and
(b) state —
(i) that the VET inspector suspects the place is a
place where vocational education and training is
provided and the grounds for the suspicion; or
(ii) that the VET inspector suspects there are records
at the place that relate to the provision of
vocational education and training and the grounds
for the suspicion;
and
(c) state the purposes for which entry to the place is wanted;
and
(d) state for how long the inspector believes the warrant
should remain in force.
(5) On such an application, a JP may issue an entry warrant
authorising the entry of a place for the purpose of investigating
any matter the inspector is authorised to investigate if satisfied
that, in respect of the matters in subsection (4) on which the
applicant is required to have a suspicion, there are reasonable
grounds for the applicant to have that suspicion.
(6) An entry warrant must contain this information —
(a) a reasonably particular description of the place to which it
relates;
(b) the period, not exceeding 7 days, in which it may be
executed;
(c) the date and time when it was issued.
(7) Under an entry warrant issued to a VET inspector, the inspector,
with any assistance that is reasonably necessary in the
circumstances, may do any or all of the following —
(a) using any force that is reasonably necessary, enter,
inspect and search the place described in the warrant for
the purpose of investigating any matter the inspector is
authorised to investigate;
(b) read and seize or copy any record the inspector suspects
on reasonable grounds is or may be relevant to the matter
being investigated;
(c) for the purposes of paragraph (b) —
(i) make reasonable use of any equipment, facilities
or services in the place that are needed; and
(ii) direct an occupier of the place to do anything that
is reasonable and necessary to facilitate that use.
(8) A person who is given a direction under subsection (7)(c)(ii)
must obey it.
Penalty: a fine of $5 000.
[Section 61C inserted by No. 44 of 2008 s. 40.]
61D. Consequences of investigations
(1) A VET inspector may give the Council any information that the
Council may need in relation to performing its functions under
Part 7A.
(2) A prosecution for an offence against this Act cannot be
commenced except by or with the approval of the chief executive
officer of the department of the Public Service principally
assisting the Minister to administer the provision that creates the
offence.
[Section 61D inserted by No. 44 of 2008 s. 40.]
61. Evidentiary matters
(1) A certificate that purports to be issued by the Council stating —
(a) that a person was or was not a registered training provider
at a time specified in the certificate;
(b) the conditions of a registered training provider’s
registration at a time specified in the certificate;
(c) that a VET course was or was not an approved VET
course at a time specified in the certificate;
(d) the conditions of an approved VET course’s accreditation
at a time specified in the certificate,
is, in the absence of evidence to the contrary, evidence of its
contents.
(2) A certificate that purports to be signed by the chief executive
officer of the department of the Public Service principally
assisting the Minister to administer Part 7 stating —
(a) the classification of a prescribed VET qualification under
section 60C at a time specified in the certificate;
(b) the requirements, if any, imposed under section 60C by
the Minister for a training contract for a prescribed VET
qualification at a time specified in the certificate,
is, in the absence of evidence to the contrary, evidence of its
contents.
[Section 61 inserted by No. 44 of 2008 s. 40.]
[62. Deleted by No. 44 of 2008 s. 39 2.]
Part 8 — Miscellaneous
63. Remuneration of members of Board, Council etc.
A member of —
(a) the Board or a committee of the Board; or
(b) the Council or a committee of the Council; or
(c) a review panel appointed under section 58H(1); or
(d) the governing council of a college (other than the
managing director or any member of staff of the college),
is to be paid such remuneration and allowances as the Minister,
on the recommendation of the Public Sector Commissioner,
determines from time to time.
[Section 63 amended by No. 44 of 2008 s. 41; No. 39 of 2010
s. 89.]
64. Protection from liability
(1) An action in tort does not lie against a person for anything that
the person has, in good faith, done in the performance or
purported performance of a function under this Act.
(2) The protection given by this Act applies even if the thing done in
the performance or purported performance of a function under
this Act may have been capable of being done whether or not this
Act had been enacted.
(3) This section does not relieve the Crown of any liability it might
have for the doing of anything by a person against whom this
section provides that an action does not lie.
(4) In this section a reference to the doing of anything includes a
reference to the omission to do anything.
[65-66. Deleted by No. 44 of 2008 s. 42.]
67. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
(2) Without limiting subsection (1), regulations may —
(a) subject to Schedule 1, regulate the procedures of the
Board, the Council and governing councils;
(b) provide for fees and charges to be paid for, or in
connection with —
(i) the supply of vocational education and training
and related services;
(ii) an application to the Council; or
(iii) an appeal against a decision of the Council;
(c) create offences punishable by a fine of not more than
$5 000.
[Section 67 amended by No. 44 of 2008 s. 43.]
68. Transitional provisions (Sch. 2)
(1) Schedule 2 sets out transitional provisions.
(2) Schedule 2 does not affect the operation of the Interpretation
Act 1984 Part V.
[Section 68 inserted by No. 44 of 2008 s. 44.]
69. Transitional regulations
(1) This section does not affect the operation of the Interpretation
Act 1984 Part V.
(2) Without limiting section 67 regulations may prescribe all matters
that are required or necessary or convenient to be prescribed for
dealing with any issue or matter of a savings or transitional
nature —
(a) that arises as a result of the enactment of the Training
Legislation Amendment and Repeal Act 2008 ; and
(b) for which there is no sufficient provision in Schedule 2.
(3) Regulations made under this section must be made within
12 months after the day on which this section comes into
operation.
(4) Regulations made under this section may provide that specific
provisions of this Act do not apply, or apply with modifications
specified in the regulations, to or in relation to any matter.
(5) Regulations made under this section may provide that a state of
affairs specified in the regulations is to be taken to have existed,
or not to have existed, on and from a day that is earlier than the
day on which the regulations come into operation but not earlier
than the commencement of this section.
(6) If regulations contain a provision referred to in subsection (5), the
provision has effect according to its terms but it does not operate
so as —
(a) to affect in a manner prejudicial to any person (other than
the State), the rights of that person existing before the
regulations commenced; or
(b) to impose liabilities on any person (other than the State or
an authority of the State) in respect of anything done or
omitted to be done before the regulations commenced.
[Section 69 inserted by No. 44 of 2008 s. 45.]
70. Review of Act
(1) The Minister must carry out a review of the operation and
effectiveness of this Act as soon as is practicable after every fifth
anniversary of the commencement of this section.
(2) The Minister must prepare a report based on the review and, as
soon as is practicable after the report is prepared, cause it to be
laid before each House of Parliament.
[Section 70 inserted by No. 44 of 2008 s. 46.]
[71-72. Deleted by No. 44 of 2008 s. 46.]
Schedule 1 — Provisions relating to the board, the council
and governing councils
[s. 20, 26 and 40]
[Heading amended by No. 19 of 2010 s. 4.]
1. Vacation of office
(1) The office of a member becomes vacant if —
(a) the term of the member expires; or
(b) the member resigns by written notice addressed to the
Minister; or
(c) the member is, according to the Interpretation Act 1984
section 13D, a bankrupt or a person whose affairs are
under insolvency laws; or
(d) the member is convicted of an indictable offence; or
(e) the appointment of the member is terminated under
subclause (2).
(2) The Minister may at his or her discretion terminate the
appointment of a member at any time.
[Clause 1 amended by No. 18 of 2009 s. 88.]
2. Leave of absence
The Minister may grant leave of absence to a member on such
terms and conditions as the Minister determines.
3. Meetings
(1) The chairperson is to preside at any meeting at which the
chairperson is present.
(2) If the chairperson, and in the case of a governing council the
deputy chairperson, is not present at a meeting the members
present are to elect one of their number to preside at the meeting.
(3) A quorum for a meeting is at least one half of the number of
members or if a quorum cannot be present at a meeting because of
the operation of clause 5, a quorum for that meeting is such
number of members as the Minister may determine.
(4) Any question arising at a meeting is to be decided by a majority of
the votes of the members present and in the event of an equality of
votes the chairperson, or the person presiding, is to have a casting
as well as a deliberative vote.
(5) The presence of a person at a meeting need not be by attendance
in person but may be by that person and each other person at the
meeting being simultaneously in contact by telephone, or other
means of instantaneous communication.
[Clause 3 amended by No. 44 of 2008 s. 47.]
4. Disclosure of interests
(1) A member who has a material personal interest in a matter being
considered or about to be considered by the body of which he or
she is a member must, as soon as possible after the relevant facts
have come to the member’s knowledge, disclose the nature of the
interest at a meeting of the body.
Penalty: $10 000.
(2) The circumstances in which a person has a material personal
interest in a matter being considered or about to be considered by
a body include a case where an entity with which the member is
associated may benefit from the body’s decision on the matter.
(3) A disclosure under subclause (1) is to be recorded in the minutes
of the meeting.
5. Voting by interested members
A member who has a material personal interest in a matter, within
the meaning in clause 4, that is being considered by the body of
which he or she is a member —
(a) must not vote whether at a meeting or otherwise —
(i) on the matter; or
(ii) on a proposed resolution under clause 6 in respect
of the matter, whether relating to that member or a
different member;
and
(b) must not be present while —
(i) the matter; or
(ii) a proposed resolution of the kind referred to in
paragraph (a)(ii),
is being considered at a meeting.
6. Clause 5 may be declared inapplicable
Clause 5 does not apply if the body has at any time passed a
resolution that —
(a) specifies the member, the interest and the matter; and
(b) states that the members voting for the resolution are
satisfied that the interest should not disqualify the member
from considering or voting on the matter.
Schedule 2 — Transitional provisions
[s. 68]
[Heading inserted by No. 44 of 2008 s. 48.]
1. Provisions relating to repeal of Industrial Training Act 1975
(1) In this clause —
repealed Act means the Industrial Training Act 1975 repealed by
the Training Legislation Amendment and Repeal Act 2008
section 50.
(2) If immediately before the repeal of the repealed Act an
apprenticeship agreement or industrial training agreement entered
into and registered under the repealed Act is in force, then on that
repeal —
(a) the agreement is to be taken to be a training contract
entered into on the same terms and conditions and
registered under Part 7 Division 2; and
(b) Part 7 Division 2 applies to the agreement accordingly.
1 This is a compilation of the Vocational Education and Training Act 1996 and
includes the amendments made by the other written laws referred to in the
following table 1a . The table also contains information about any reprint.
Compilation table
Short title Number and year Assent Commencement
Vocational Education and
Training Act 1996 2 42 of 1996 16 Oct 1996 s. 1 and 2: 16 Oct 1996;Act other than s. 1 and 2, Pt. 7 and Sch. 2: 1 Jan 1997 (see s. 2 and Gazette 12 Nov 1996 p. 6301)
Acts Amendment (Education Loan Scheme) Act 1998 Pt. 3
and 5 3
27 of 1998 30 Jun 1998 30 Jun 1998 (see s. 2)
School Education Act 1999 s. 247 36 of 1999 2 Nov 1999 1 Jan 2001 (see s. 2 and Gazette 29 Dec 2000 p. 7904)
Vocational Education and Training Amendment Regulations (No. 2) 1999 r. 3 published in Gazette 5 Nov 1999 p. 5634
1 Jan 1997 (see r. 2(2) and Gazette 12 Nov 1996 p. 6301)
Statutes (Repeals and Minor Amendments) Act 2000 s. 45 24 of 2000 4 Jul 2000 4 Jul 2000 (see s. 2)
Reprint of the Vocational Education and Training Act 1996 as at 11 Jan 2002 (includes amendments listed above)
Financial Legislation Amendment and Repeal Act 2006 s. 4, 5(1) and Sch. 1 cl. 174
77 of 2006 21 Dec 2006 1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
Training Legislation Amendment and Repeal Act 2008 Pt. 2
44 of 2008 10 Dec 2008 10 Jun 2009 (see s. 2(2))
Reprint 2: The Vocational Education and Training Act 1996 as at 7 Aug 2009 (includes amendments listed above)
Acts Amendment (Bankruptcy) Act 2009 s. 88 18 of 2009 16 Sep 2009 17 Sep 2009 (see s. 2(b))
Standardisation of Formatting Act 2010 s. 4 19 of 2010 28 Jun 2010 11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Public Sector Reform Act 2010 s. 89 39 of 2010 1 Oct 2010 1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
1a On the date as at which this was prepared, provisions referred to in the following
table had not come into operation and were therefore not included in this
compilation. For the text of the provisions see the endnotes referred to in the
table.
Provisions that have not come into operation
Short title Number and year Assent Commencement
State Superannuation (Transitional and Consequential Provisions)
Act 2000 s. 75 4
43 of 2000 2 Nov 2000 To be proclaimed (see s. 2)
Short title Number and year Assent Commencement
State Superannuation (Transitional and Consequential Provisions)
Act 2000 s. 75 4
43 of 2000 2 Nov 2000 To be proclaimed (see s. 2)
2 Pt. 7 (s. 58-62) and Sch. 2 of this Act had not come into operation when they
were deleted by the Training Legislation Amendment and Repeal Act 2008 s. 39
and 48.
3 The Acts Amendment (Education Loan Scheme) Act 1998 Pt. 5 reads as follows:
Part 5 — Transitional
9. Existing loans may be varied
Despite the repeal of sections 9A(5)(c) and 27C(3) of the
Education Act 1928 , section 17 of the Vocational Education and
Training Act 1996 and section 25A of the University of Notre
Dame Australia Act 1989 , the terms and conditions of a loan
made under any of those provisions before the coming into
operation of this Act may be varied in the same manner and to the
same extent as if the provision had not been repealed.
10. Moneys may be borrowed and paid to Treasurer
(1) Any moneys advanced to the Education Minister or the Vocational
Education and Training Minister under the authorisation of the
Treasurer’s Advance Authorization Act 1997 for the purpose of
lending under the Education Act 1928 , the Vocational Education
and Training Act 1996 or the University of Notre Dame Australia
Act 1989 and not repaid to the Treasurer before the coming into
operation of this Act, are to be repaid, together with the interest
accrued and due on those moneys, by the relevant Minister to the
Treasurer.
(2) The Education Minister may borrow moneys under section 9D(1)
of the Education Act 1928 , as amended by this Act, or
section 25C(1) of the University of Notre Dame Australia
Act 1989 , as amended by this Act, for the purpose of meeting
obligations under subsection (1).
(3) The Vocational Education and Training Minister may borrow
moneys under section 17A(1) of the Vocational Education and
Training Act 1996 , as amended by this Act, for the purpose of
meeting obligations under subsection (1).
(4) In this section —
Education Minister means the Minister in whom the
administration of the Education Act 1928 is for the time being
committed by the Governor;
Vocational Education and Training Minister means the
Minister in whom the administration of the Vocational Education
and Training Act 1996 is for the time being committed by the
Governor.
4 On the date as at which this compilation was prepared, the State Superannuation
(Transitional and Consequential Provisions) Act 2000 s. 75 had not come into
operation. It reads as follows:
75. Various provisions repealed
The provisions listed in the Table to this section are repealed.
Table of provisions repealed
Act Provision
…………………. ……..
Vocational Education and Training Act 1996 Sch. 4, cl. 7A
…………………. ……..
The Schedule that it seeks to amend has been deleted.
Defined Terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined Term Provision(s)
account
5(1)
apprentice
60A
approved purposes
17(4)
approved VET course
5(1)
approved VET qualification
5(1)
Board
5(1)
business arrangement
9(4), 37(1A)
certificate
61A(1)
chief executive
5(1)
class
60A
closing day
57A(1)
college
5(1)
corporation
7B(1), 7(1)
corresponding law
5(1)
Council
5(1)
document
14(5)
educational institution
5(1)
governing council
5(1)
industry training advisory body
5(1)
information
14(5)
interim governing council
5(1)
member
5(1)
other vocational education and training institution
5(1)
participate
9(4), 37(1A)
prescribed VET qualification
5(1)
private training provider
5(1)
public training provider
5(1)
registered training provider
5(1)
repealed Act
Sch. 2 cl. 1(1)
school
5(1)
State Training Plan
5(1)
State training system
5(1)
training contract
60A
training market
5(2)
training provider
5(1)
university
5(1)
VET course
5(1)
VET inspector
5(1)
vocational education and training
5(1)