Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Free TAFE Bill 2024
No. , 2024
(Skills and Training)
A Bill for an Act relating to financial assistance to
the States, the Australian Capital Territory and the
Northern Territory in connection with the
provision of Free TAFE and vocational education
and training places, and for related purposes
No. , 2024
Free TAFE Bill 2024
i
Contents
Part 1
--
Preliminary
2
1
Short title ........................................................................................... 2
2
Commencement ................................................................................. 2
3
Object ................................................................................................ 3
4
Simplified outline of this Act ............................................................ 3
5
Definitions ......................................................................................... 4
Part 2
--
Financial assistance for FT places
6
6
Grants of financial assistance ............................................................ 6
Part 3
--
FT agreements
7
7
FT agreements ................................................................................... 7
8
Key matters to be dealt with in FT agreements ................................. 7
Part 4
--
Other matters
9
9
Consultation with Ministerial Council ............................................... 9
10
Act does not limit power to make other grants of financial
assistance ........................................................................................... 9
11
Rules .................................................................................................. 9
No. , 2024
Free TAFE Bill 2024
1
A Bill for an Act relating to financial assistance to
1
the States, the Australian Capital Territory and the
2
Northern Territory in connection with the
3
provision of Free TAFE and vocational education
4
and training places, and for related purposes
5
Preamble
6
The Parliament of Australia acknowledges the following matters.
7
High quality vocational education and training (VET) is vital to
8
Australia's future, producing the knowledge and skills to position
9
Australia as an economically prosperous, socially equitable and
10
environmentally sustainable democracy.
11
Part 1
Preliminary
Section 1
2
Free TAFE Bill 2024
No. , 2024
All Australian governments are committed to building a
1
high-performing and world-class VET sector, a system in which
2
training is accessible to Australians from all walks of life,
3
supporting students to succeed and supporting all Australians to
4
train, upskill and retrain.
5
A well-resourced and supported public TAFE network is at the
6
heart of a high-quality, responsive and accessible national VET
7
sector.
8
Embedding Free TAFE as an enduring feature of the VET system
9
highlights the importance of VET in skilling the Australian
10
workforce and the ongoing work required in elevating VET to
11
provide opportunities for Australians to be skilled in industries of
12
national importance. With a focus on priority cohorts, it also helps
13
make training accessible to Australians who experience social and
14
economic exclusion.
15
An ongoing commitment to Free TAFE provides certainty of
16
investment to students, the VET sector, States and Territories and
17
industry.
18
In its role as a national policy leader, the Australian Government
19
will work collaboratively with States and Territories to deliver Free
20
TAFE and a strong and sustainable VET system.
21
The Parliament of Australia enacts:
22
Part
1--Preliminary
23
24
1 Short title
25
This Act is the
Free TAFE Act 2024
.
26
2 Commencement
27
(1) Each provision of this Act specified in column 1 of the table
28
commences, or is taken to have commenced, in accordance with
29
Preliminary
Part 1
Section 3
No. , 2024
Free TAFE Bill 2024
3
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Object
10
The object of this Act is to provide for ongoing financial support to
11
the States for the delivery of FT places and, in doing so:
12
(a) support the delivery of at least 100,000 FT places across
13
Australia each year; and
14
(b) acknowledge that TAFE and other public training institutions
15
are key pillars of the VET sector; and
16
(c) acknowledge the importance of shared stewardship, by the
17
Commonwealth and the States, of the national VET system;
18
and
19
(d) remove financial barriers to education and training, including
20
for people experiencing economic disadvantage; and
21
(e) support education and training in areas of high workforce
22
demand, with emerging skills needs or that are otherwise a
23
national or State priority.
24
4 Simplified outline of this Act
25
This Act provides for ongoing financial support to the States for
26
the delivery of FT places.
27
Part 1
Preliminary
Section 5
4
Free TAFE Bill 2024
No. , 2024
If a State is a party to an FT agreement, the Commonwealth is to
1
make a grant of financial assistance under section 16 of the
2
Federal Financial Relations Act 2009
for the purpose of making
3
payments in accordance with the FT agreement.
4
The financial assistance must be spent in accordance with the FT
5
agreement and is subject to any other terms and conditions set out
6
in the FT agreement.
7
Part 3 sets out what is an FT agreement and the key matters to be
8
dealt with in FT agreements.
9
Part 4 deals with other matters, such as the requirement for the
10
Minister to consult the Ministerial Council before seeking to
11
amend this Act.
12
5 Definitions
13
In this Act:
14
FT
is short for Free TAFE.
15
FT agreement
: see section 7.
16
FT place
means a free place in a course at a TAFE institution or a
17
course provided by another VET provider.
18
Note:
An FT place may not be free of all fees. The fees covered will depend
19
on the terms and conditions of the relevant FT agreement.
20
Ministerial Council
means a body (however described) that
21
consists of the Minister of the Commonwealth, and the Minister of
22
each State, who is responsible, or principally responsible, for
23
matters relating to skills and training.
24
rules
means rules made under section 11.
25
State
includes the Australian Capital Territory and the Northern
26
Territory.
27
TAFE
means technical and further education.
28
Preliminary
Part 1
Section 5
No. , 2024
Free TAFE Bill 2024
5
VET
means vocational education and training.
1
Part 2
Financial assistance for FT places
Section 6
6
Free TAFE Bill 2024
No. , 2024
Part
2--Financial assistance for FT places
1
2
6 Grants of financial assistance
3
Scope
4
(1) This section applies to a State if the State is a party to an FT
5
agreement.
6
Grant of financial assistance
7
(2) The Commonwealth is to make a grant of financial assistance
8
under section 16 of the
Federal Financial Relations Act 2009
for
9
the purpose of making payments to the State in accordance with
10
the FT agreement.
11
Note:
Under section 16 of the
Federal Financial Relations Act 2009
, grants
12
of financial assistance can be made to a State to support the delivery
13
by the State of specified outputs or projects.
14
Terms and conditions of grant
15
(3) The financial assistance is payable to the State on condition that
16
the financial assistance is spent in accordance with the FT
17
agreement.
18
(4) The financial assistance payable to the State is subject to such
19
additional terms and conditions (if any) as are set out in the FT
20
agreement.
21
Interaction with the Federal Financial Relations Act 2009
22
(5) Except as provided by subsections (2) to (4), nothing in this section
23
is intended to limit the operation of the
Federal Financial
24
Relations Act 2009
.
25
FT agreements
Part 3
Section 7
No. , 2024
Free TAFE Bill 2024
7
Part
3--FT agreements
1
2
7 FT agreements
3
An
FT agreement
is an agreement, as amended from time to time,
4
that:
5
(a) is entered into, and in force, between the Commonwealth and
6
one or more States; and
7
(b) sets out the terms and conditions on which financial
8
assistance is to be provided to the States for the purpose of
9
the delivery of FT places; and
10
(c) relates to the delivery of FT places during the calendar year
11
starting on 1 January 2027, or a later calendar year; and
12
(d) is expressed to be an FT agreement for the purposes of this
13
Act.
14
8 Key matters to be dealt with in FT agreements
15
(1) Without limiting paragraph 7(b), the terms and conditions of an FT
16
agreement with a State must deal with the following matters:
17
(a) the period of the FT agreement;
18
(b) the areas of study, or the industries, that are a national or
19
State priority for FT places to be offered in;
20
(c) the number of FT places that are to be offered in the State;
21
(d) the calendar year, or years, during which the FT places are to
22
be offered;
23
(e) the groups that are to be prioritised for access to the FT
24
places;
25
(f) the amount of financial assistance that is to be provided to
26
the State and a schedule of payments;
27
(g) performance milestones;
28
(h) the proportion of the financial assistance that is to be
29
provided to:
30
(i) TAFE institutions; and
31
(ii) other VET providers;
32
Part 3
FT agreements
Section 8
8
Free TAFE Bill 2024
No. , 2024
(i) the VET providers, or classes of VET providers, eligible to
1
receive funding for the FT places;
2
(j) arrangements for reviewing and evaluating the agreement;
3
(k) a process for varying the agreement;
4
(l) a requirement for the State to provide the Commonwealth
5
with information about:
6
(i) the total amount of funding provided for FT places in
7
the State; and
8
(ii) the amount of funding provided by the Commonwealth
9
for the FT places in the State; and
10
(iii) the courses in which the FT places are being offered;
11
and
12
(iv) the number of persons enrolled in an FT place in those
13
courses; and
14
(v) of the persons enrolled in an FT place in those
15
courses
--
the number of persons who completed the
16
course; and
17
(vi) if the agreement identifies groups that are to be
18
prioritised for access to the FT places
--
the number of
19
persons enrolled in an FT place who are in an identified
20
group;
21
(m) requirements relating to the form, manner and period within
22
which the information mentioned in paragraph (l) is to be
23
provided.
24
(2) An FT agreement is not invalid merely because it does not deal
25
with one or more of the matters mentioned in paragraphs (1)(a) to
26
(k).
27
Other matters
Part 4
Section 9
No. , 2024
Free TAFE Bill 2024
9
Part
4--Other matters
1
2
9 Consultation with Ministerial Council
3
(1) The Minister must consult the Ministerial Council if the Minister
4
proposes to introduce a Bill for an Act that amends this Act into a
5
House of the Parliament.
6
(2) If the Minister introduces a Bill for an Act that amends this Act
7
into a House of the Parliament, the Minister must also table in that
8
House a report setting out what consultation has taken place.
9
10 Act does not limit power to make other grants of financial
10
assistance
11
This Act does not limit the
Commonwealth'
s power to make other
12
grants of financial assistance to the States in respect of FT places.
13
11 Rules
14
(1) The Minister may, by legislative instrument, make rules
15
prescribing matters:
16
(a) required or permitted by this Act to be prescribed by the
17
rules; or
18
(b) necessary or convenient to be prescribed for carrying out or
19
giving effect to this Act.
20
(2) To avoid doubt, the rules may not do the following:
21
(a) create an offence or civil penalty;
22
(b) provide powers of:
23
(i) arrest or detention; or
24
(ii) entry, search or seizure;
25
(c) impose a tax;
26
(d) set an amount to be appropriated from the Consolidated
27
Revenue Fund under an appropriation in this Act;
28
(e) directly amend the text of this Act.
29
[Index] [Search] [Download] [Related Items] [Help]