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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Vocational Education and
Training Regulator Amendment
(Governance and Other Matters) Bill
2020
No. , 2020
(Education, Skills and Employment)
A Bill for an Act to amend the
National Vocational
Education and Training Regulator Act 2011
, and for
related purposes
No. , 2020
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Governance arrangements
4
Part 1--Main amendments
4
National Vocational Education and Training Regulator Act 2011
4
Part 2--Consequential amendments
25
Education Services for Overseas Students Act 2000
25
Higher Education Support Act 2003
25
National Vocational Education and Training Regulator (Charges) Act
2012
26
VET Student Loans Act 2016
26
Part 3--Amendments contingent on the National Vocational
Education and Training Regulator Amendment Act
2020
27
National Vocational Education and Training Regulator Act 2011
27
Schedule 2--Information sharing
28
National Vocational Education and Training Regulator Act 2011
28
Schedule 3--Transitional and application provisions
31
National Vocational Education and Training Regulator (Transitional
Provisions) Act 2011
31
No. , 2020
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
1
A Bill for an Act to amend the
National Vocational
1
Education and Training Regulator Act 2011
, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
National Vocational Education and Training
6
Regulator Amendment (Governance and Other Matters) Act 2020
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
No. , 2020
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Parts 1 and 2
A time and day to be fixed by Proclamation.
However, if the provisions do not commence
before 1 July 2021, they commence on that
day.
3. Schedule 1,
Part 3
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
Schedule 1 to the
National Vocational
Education and Training Regulator
Amendment Act 2020
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
4. Schedules 2
and 3
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
No. , 2020
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1
Governance arrangements
Part 1
Main amendments
4
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
No. , 2020
Schedule 1--Governance arrangements
1
Part 1--Main amendments
2
National Vocational Education and Training Regulator Act
3
2011
4
1 Section 3
5
Insert:
6
Advisory Council
means the National Vocational Education and
7
Training Regulator Advisory Council established by section 174.
8
Advisory Council member
means a member of the Advisory
9
Council and includes the Chair.
10
Chair
means the Chair of the Advisory Council.
11
2 Section 3
12
Repeal the following definitions:
13
(a) definition of
Chief Commissioner
;
14
(b) definition of
Chief Executive Officer
;
15
(c) definition of
Commissioner
.
16
3 Section 3 (paragraph (b) of the definition of
Commonwealth
17
authority
)
18
Omit "(other than the National VET Regulator)".
19
4 Section 3 (definition of
corporate plan
)
20
Omit "Chief Executive Officer", substitute "National VET Regulator".
21
5 Section 3 (paragraph (a) of the definition of
member of the
22
staff of the Regulator
)
23
Omit "182(1)", substitute "170(1)".
24
Governance arrangements
Schedule 1
Main amendments
Part 1
No. , 2020
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
5
6 Section 3 (paragraph (b) of the definition of
member of the
1
staff of the Regulator
)
2
Omit "183(1)", substitute "171(1)".
3
7 Section 3 (definition of
National VET Regulator
)
4
Omit "the body established by section 155", substitute "the person
5
appointed under subsection 162(1) to the position of the National
6
Vocational Education and Training Regulator referred to in
7
subsection 155(1)".
8
8 Section 3
9
Insert:
10
paid work
means work for financial gain or reward (whether as an
11
employee, a self-employed person or otherwise).
12
9 After section 3
13
Insert:
14
3A Vacancy in the office of an Advisory Council member
15
For the purposes of a reference in:
16
(a) this Act to a
vacancy
in the office of an Advisory Council
17
member; or
18
(b) the
Acts Interpretation Act 1901
to a
vacancy
in the
19
membership of a body;
20
there are taken to be 9 offices of Advisory Council members in
21
addition to the Chair.
22
10 Section 18
23
Omit "its decision", substitute "deciding".
24
11 Paragraphs 27(a) and (b)
25
Omit "its functions", substitute "the Regulator's functions".
26
12 Subsection 28(2)
27
Omit "its website", substitute "the Regulator's website".
28
Schedule 1
Governance arrangements
Part 1
Main amendments
6
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
No. , 2020
13 Section 30
1
Omit "its decision" (wherever occurring), substitute "deciding".
2
14 Section 34
3
Omit "its decision", substitute "deciding".
4
15 Section 40
5
Omit "it may", substitute "the Regulator may".
6
16 Subsection 41(3)
7
Omit "its position", substitute "the Regulator's position".
8
17 Section 45
9
Omit "its decision", substitute "deciding".
10
18 Section 49
11
Omit "its decision" (wherever occurring), substitute "deciding".
12
19 Paragraph 51(2)(a)
13
Omit "its own initiative", substitute "the Regulator's own initiative".
14
20 Subsection 52(2)
15
Omit "its own initiative", substitute "the Regulator's own initiative".
16
21 Subsection 57(2)
17
Omit "it considers", substitute "the Regulator considers".
18
22 Paragraph 57(2)(a)
19
Omit "its website", substitute "the Regulator's website".
20
23 Paragraph 62(3)(b)
21
Omit "Chief Commissioner", substitute "Regulator".
22
24 Sections 89 and 90
23
Omit "Chief Commissioner" (wherever occurring), substitute "National
24
VET Regulator".
25
Governance arrangements
Schedule 1
Main amendments
Part 1
No. , 2020
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
7
25 Part 7 (heading)
1
Repeal the heading, substitute:
2
Part 7--Administration
3
26 Division 1 of Part 7 (heading)
4
Repeal the heading, substitute:
5
Division 1--National Vocational Education and Training
6
Regulator
7
27 Before section 155
8
Insert:
9
Subdivision A--Establishment, functions and powers of the
10
National VET Regulator
11
28 Subsections 155(1) and (2)
12
Repeal the subsections, substitute:
13
(1) There is to be a National Vocational Education and Training
14
Regulator (
National VET Regulator
).
15
(2) The National VET Regulator may also be known as the Chief
16
Executive Officer of the Australian Skills Quality Authority.
17
Note:
For the purposes of the finance law (within the meaning of the
Public
18
Governance, Performance and Accountability Act 2013
), the National
19
VET Regulator is the accountable authority of the listed entity known
20
as the Australian Skills Quality Authority: see section 173.
21
29 Sections 156 and 156A
22
Repeal the sections.
23
30 Paragraph 157(1)(m)
24
Omit "its counterparts", substitute "the Regulator's counterparts".
25
31 Paragraph 157(1)(o)
26
Omit "its functions", substitute "the Regulator's functions".
27
Schedule 1
Governance arrangements
Part 1
Main amendments
8
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
No. , 2020
32 Subsection 157(5)
1
Omit "it receives", substitute "the Regulator receives".
2
33 After subsection 157(5)
3
Insert:
4
(5A) Without limiting subsection (5), in performing the National VET
5
Regulator's functions, the Regulator must have regard to any
6
advice provided by the Advisory Council (whether or not the
7
advice was given in response to a request by the National VET
8
Regulator or the Minister).
9
34 Subsection 157(6)
10
Omit "or (5)", substitute ", (5) or (5A)".
11
35 Subsection 157(7)
12
Omit "its functions", substitute "the Regulator's functions".
13
36 After section 157
14
Insert:
15
157A National VET Regulator to cooperate with assessments
16
The National VET Regulator must cooperate with the Ministerial
17
Council when the Council assesses whether the Regulator
18
continues to comply with the Standards for VET Regulators.
19
37 Section 159
20
Omit "its functions or the exercise of its powers", substitute "the
21
Regulator's functions or the exercise of the Regulator's powers".
22
38 Subsection 160(1)
23
Repeal the subsection, substitute:
24
(1) The Minister may, by legislative instrument, give directions to the
25
National VET Regulator in relation to the performance of the
26
Regulator's functions and the exercise of Regulator's powers.
27
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
28
Legislation Act 2003
do not apply to the direction (see regulations
29
Governance arrangements
Schedule 1
Main amendments
Part 1
No. , 2020
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
9
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
1
Act).
2
39 At the end of section 160
3
Add:
4
(4) Subsection (3) does not apply to the extent that the direction relates
5
to the National VET Regulator's performance of functions, or
6
exercise of powers, under the following Acts:
7
(a) the
Public Service Act 1999
;
8
(b) the
Public Governance, Performance and Accountability Act
9
2013
.
10
40 At the end of Division 1 of Part 7
11
Add:
12
Subdivision B--Appointment and terms and conditions of the
13
National VET Regulator
14
162 Appointment
15
(1) The National VET Regulator is to be appointed by the
16
Governor-General by written instrument, on a full-time basis.
17
Note:
The National VET Regulator may be reappointed: see section 33AA
18
of the
Acts Interpretation Act 1901
.
19
(2) The National VET Regulator holds office for the period specified
20
in the instrument of appointment. The period must not exceed 5
21
years.
22
(3) A person may only be appointed as the National VET Regulator if
23
the Minister is satisfied that the person has appropriate
24
qualifications, knowledge or experience.
25
(4) However, a person who is, or has been at any time in the 2 years
26
before an appointment is made, an executive officer of a registered
27
training organisation is not eligible for appointment as the National
28
VET Regulator.
29
Schedule 1
Governance arrangements
Part 1
Main amendments
10
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
No. , 2020
163 Acting appointments
1
(1) The Minister may, by written instrument, appoint a person to act as
2
the National VET Regulator:
3
(a) during a vacancy in the office of National VET Regulator
4
(whether or not an appointment has previously been made to
5
the office); or
6
(b) during any period, or during all periods, when the National
7
VET Regulator:
8
(i) is absent from duty or from Australia; or
9
(ii) is, for any reason, unable to perform the duties of the
10
office.
11
(2) A person is not eligible for appointment under subsection (1)
12
unless the person is eligible for appointment as the National VET
13
Regulator.
14
Note 1:
For eligibility to be appointed as the National VET Regulator, see
15
subsections 162(3) and(4).
16
Note 2:
For rules that apply to acting appointments, see sections 33AB and
17
33A of the
Acts Interpretation Act 1901
.
18
164 Remuneration
19
(1) The National VET Regulator is to be paid the remuneration that is
20
determined by the Remuneration Tribunal. If no determination of
21
that remuneration by the Tribunal is in operation, the Regulator is
22
to be paid the remuneration that is determined by the Minister.
23
(2) The National VET Regulator is to be paid the allowances that are
24
prescribed by the regulations.
25
(3) This section has effect subject to the
Remuneration Tribunal Act
26
1973
.
27
165 Leave of absence
28
(1) The National VET Regulator has the recreation leave entitlements
29
that are determined by the Remuneration Tribunal.
30
Governance arrangements
Schedule 1
Main amendments
Part 1
No. , 2020
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
11
(2) The Minister may grant the National VET Regulator leave of
1
absence, other than recreation leave, on the terms and conditions as
2
to remuneration or otherwise that the Minister determines.
3
166 Other paid work
4
The National VET Regulator
must not engage in paid work outside
5
the duties of the National VET Regulator's office without the
6
Minister's approval.
7
167 Other terms and conditions
8
The National VET Regulator holds office on the terms and
9
conditions (if any) in relation to matters not covered by this Act
10
that are determined, in writing, by the Minister.
11
168 Resignation
12
(1) The National VET Regulator may resign the Regulator's
13
appointment by giving the Governor-General a written resignation.
14
(2) The resignation takes effect on the day it is received by the
15
Governor-General or, if a later day is specified in the resignation,
16
on that later day.
17
169 Termination of appointment
18
(1) The Governor-General may terminate the appointment of the
19
National VET Regulator:
20
(a) for misbehaviour; or
21
(b) if National VET Regulator is unable to perform the duties of
22
the Regulator's office because of physical or mental
23
incapacity.
24
(2) The Governor-General may terminate the appointment of the
25
National VET Regulator if:
26
(a) the Regulator:
27
(i) becomes bankrupt; or
28
(ii) applies to take the benefit of any law for the relief of
29
bankrupt or insolvent debtors; or
30
Schedule 1
Governance arrangements
Part 1
Main amendments
12
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
No. , 2020
(iii) compounds with the Regulator's creditors; or
1
(iv) makes an assignment of the Regulator's remuneration
2
for the benefit of the Regulator's creditors; or
3
(b) the Regulator is absent, except on leave of absence, for 14
4
consecutive days or for 28 days in any 12 months; or
5
(c) the Regulator engages, except with the Minister's approval,
6
in paid work outside the duties of the Regulator's office (see
7
section 166); or
8
(d) the Regulator fails, without reasonable excuse, to comply
9
with section 29 of the
Public Governance, Performance and
10
Accountability Act 2013
(which deals with the duty to
11
disclose interests) or rules made for the purposes of that
12
section.
13
(3) The Minister must terminate the appointment of the National VET
14
Regulator if the Regulator becomes an executive officer of a
15
registered training organisation.
16
Subdivision C--Staff and consultants
17
170 Staff required to assist the National VET Regulator
18
(1) The staff required to assist the National VET Regulator in the
19
performance of the Regulator's functions must be persons engaged
20
under the
Public Service Act 1999
.
21
(2) For the purposes of the
Public Service Act 1999
:
22
(a) the National VET Regulator and the staff referred to in
23
subsection (1) together constitute a Statutory Agency; and
24
(b) the National VET Regulator is the Head of that Statutory
25
Agency.
26
171 Staff to be made available to the National VET Regulator
27
(1) The National VET Regulator may be assisted by:
28
(a) officers and employees of Agencies (within the meaning of
29
the
Public Service Act 1999
), and of authorities of the
30
Commonwealth, whose services are made available to the
31
Regulator in connection with the performance of the
32
Governance arrangements
Schedule 1
Main amendments
Part 1
No. , 2020
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
13
Regulator's functions or the exercise of the Regulator's
1
powers; and
2
(b) persons whose services are made available under
3
arrangements made under subsection (2).
4
(2) The National VET Regulator may arrange with the appropriate
5
State or Territory authority or officer of a State or Territory
6
authority to make officers or employees available to the Regulator
7
to perform services in connection with the performance of the
8
Regulator's functions or the exercise of Regulator's powers.
9
(3) An arrangement under subsection (2) may provide for the
10
Commonwealth to reimburse a State or Territory with respect to
11
the services of a person or persons to whom the arrangement
12
relates.
13
(4) When performing services for the National VET Regulator under
14
this section, a person is subject to the directions of the Regulator.
15
172 Consultants
16
(1) The National VET Regulator may, on behalf of the
17
Commonwealth, engage consultants to assist in the performance of
18
the Regulator's functions.
19
(2) Consultants are to be engaged on the terms and conditions that the
20
National VET Regulator determines in writing.
21
Subdivision D--Application of the finance law
22
173 Application of the finance law
23
For the purposes of the finance law (within the meaning of the
24
Public Governance, Performance and Accountability Act 2013
):
25
(a) the following group of persons is a listed entity:
26
(i) the National VET Regulator;
27
(ii) members of the staff of the Regulator;
28
(iii) consultants engaged under section 172; and
29
(b) the listed entity is to be known as the Australian Skills
30
Quality Authority; and
31
Schedule 1
Governance arrangements
Part 1
Main amendments
14
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
No. , 2020
(c) the National VET Regulator is the accountable authority of
1
the listed entity; and
2
(d) the persons referred to in paragraph (a) are officials of the
3
listed entity; and
4
(e) the purposes of the listed entity include the functions of the
5
National VET Regulator referred to in section 157.
6
Note:
The National VET Regulator may also be known as the Chief
7
Executive Officer of the Australian Skills Quality Authority: see
8
subsection 155(2).
9
41 Divisions 2 to 6 of Part 7
10
Repeal the Divisions, substitute:
11
Division 2--National Vocational Education and Training
12
Regulator Advisory Council
13
Subdivision A--Establishment and function of the Advisory
14
Council
15
174 Establishment
16
The National Vocational Education and Training Regulator
17
Advisory Council (the
Advisory Council
) is established by this
18
section.
19
175 Function
20
(1) The function of the Advisory Council is to provide advice to the
21
National VET Regulator on the Regulator's functions.
22
(2) However, the Advisory Council's function does not include giving
23
advice about, or in relation to:
24
(a) the registration of a particular person or body as an NVR
25
registered training organisation; or
26
(b) the accreditation of a particular course as a VET accredited
27
course; or
28
(c) a particular NVR registered training organisation; or
29
(d) a person in respect of whom a particular VET accredited
30
course is accredited; or
31
Governance arrangements
Schedule 1
Main amendments
Part 1
No. , 2020
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
15
(e) the registration under the
Education Services for Overseas
1
Students Act 2000
of a particular provider as a registered
2
provider; or
3
(f) a particular registered provider.
4
Note:
Paragraphs (e) and (f)--
registered provider
is defined, see section 3.
5
(3) The Advisory Council may perform its function:
6
(a) on the Advisory Council's own initiative; or
7
(b) at the request of the National VET Regulator or the Minister.
8
176 Minister may give directions to the Advisory Council
9
(1) The Minister may, by legislative instrument, give written directions
10
to the Advisory Council about the performance of the Advisory
11
Council's function.
12
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
13
Legislation Act 2003
do not apply to the directions (see regulations
14
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
15
Act).
16
(2) The Advisory Council must comply with a direction under
17
subsection (1).
18
Subdivision B--Appointment and terms and conditions of the
19
Advisory Council
20
177 Membership
21
The Advisory Council consists of the following members:
22
(a) a Chair;
23
(b) not more than 9 other members.
24
178 Appointment
25
(1) Each Advisory Council member is to be appointed by the Minister
26
by written instrument, on a part-time basis.
27
Note:
An Advisory Council member may be reappointed: see section 33AA
28
of the
Acts Interpretation Act 1901
.
29
Schedule 1
Governance arrangements
Part 1
Main amendments
16
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
No. , 2020
(2) Before appointing an Advisory Council member, the Minister must
1
consult with the Ministerial Council.
2
(3) An Advisory Council member holds office for the period specified
3
in the instrument of appointment. The period must not exceed 3
4
years.
5
(4) A person is not eligible for appointment to the Advisory Council
6
unless the Minister is satisfied that the person has substantial
7
experience or knowledge in at least one of the following fields:
8
(a) delivering training;
9
(b) operating or managing registered training organisations;
10
(c) managing work-based placements for VET students or
11
employing persons with VET qualifications;
12
(d) regulating industry sectors and developing and implementing
13
best-practice regulation principles;
14
(e) advocating on behalf of VET students;
15
(f) communicating and engaging with industry and other
16
stakeholders;
17
(g) any other appropriate field of expertise.
18
179 Acting appointments
19
Chair
20
(1) The Minister may, by written instrument, appoint an Advisory
21
Council member to act as the Chair:
22
(a) during a vacancy in the office of the Chair (whether or not an
23
appointment has previously been made to the office); or
24
(b) during any period, or during all periods, when the Chair:
25
(i) is absent from duty or from Australia; or
26
(ii) is, for any reason, unable to perform the duties of the
27
office.
28
Other Advisory Council members
29
(2) The Minister may, by written instrument, appoint a person to act as
30
an Advisory Council member (other than the Chair):
31
Governance arrangements
Schedule 1
Main amendments
Part 1
No. , 2020
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
17
(a) during a vacancy in the office of an Advisory Council
1
member (other than the Chair), whether or not an
2
appointment has previously been made to the office; or
3
(b) during any period, or during all periods, when an Advisory
4
Council member (other than the Chair):
5
(i) is absent from duty or from Australia; or
6
(ii) is, for any reason, unable to perform the duties of the
7
office.
8
Eligibility
9
(3) A person is not eligible for appointment under subsection (2)
10
unless the person is eligible for appointment as an Advisory
11
Council member.
12
Note 1:
For eligibility to be appointed as an Advisory Council member, see
13
subsection 178(4).
14
Note 2:
For rules that apply to acting appointments, see sections 33AB and
15
33A of the
Acts Interpretation Act 1901
.
16
180 Remuneration
17
(1) An Advisory Council member is to be paid the remuneration that is
18
determined by the Remuneration Tribunal. If no determination of
19
that remuneration by the Tribunal is in operation, the member is to
20
be paid the remuneration that is determined by the Minister.
21
(2) However, an Advisory Council member is not entitled to be paid
22
remuneration if the member holds an office or appointment, or is
23
otherwise employed, on a full-time basis in the service or
24
employment of:
25
(a) a State; or
26
(b) a corporation (a public statutory corporation) that:
27
(i) is established for a public purpose by a law of a State;
28
and
29
(ii) is not a tertiary education institution; or
30
(c) a company limited by guarantee, where the interests and
31
rights of the members in or in relation to the company are
32
beneficially owned by a State; or
33
(d) a company in which all the stock or shares are beneficially
34
owned by a State or by a public statutory corporation.
35
Schedule 1
Governance arrangements
Part 1
Main amendments
18
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
No. , 2020
Note:
A similar rule applies to an Advisory Council member who has a
1
similar relationship with the Commonwealth or a Territory: see
2
subsection 7(11) of the
Remuneration Tribunal Act 1973
.
3
(3) An Advisory Council member is to be paid the allowances that are
4
prescribed by the regulations.
5
(4) This section (other than subsection (2)) has effect subject to the
6
Remuneration Tribunal Act 1973
.
7
181 Leave of absence
8
(1) The Minister may grant leave of absence to the Chair on the terms
9
and conditions that the Minister determines.
10
(2) The Chair may grant leave of absence to any other Advisory
11
Council member on the terms and conditions that the Chair
12
determines.
13
182 Disclosure of interests to the Minister
14
Before the Minister appoints a person as an Advisory Council
15
member, the person must disclose to the Minister all interests,
16
pecuniary or otherwise, that the person is aware of having in a
17
matter of a kind likely to be considered by the Advisory Council.
18
183 Disclosure of interests to the Advisory Council
19
(1) An Advisory Council member who has an interest, pecuniary or
20
otherwise, in a matter being considered or about to be considered
21
by the Advisory Council must disclose the nature of the interest to
22
a meeting of the Advisory Council.
23
(2) The disclosure must be made as soon as possible after the relevant
24
facts have come to the Advisory Council member's knowledge.
25
(3) The disclosure must be recorded in the minutes of the meeting.
26
(4) Unless the Advisory Council otherwise determines, the Advisory
27
Council member:
28
(a) must not be present during any deliberation by the Advisory
29
Council on the matter; and
30
Governance arrangements
Schedule 1
Main amendments
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National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
19
(b) must not take part in any decision of the Advisory Council
1
with respect to the matter.
2
(5) For the purposes of making a determination under subsection (4),
3
the Advisory Council member:
4
(a) must not be present during any deliberation of the Advisory
5
Council for the purpose of making the determination; and
6
(b) must not take part in making the determination.
7
(6) A determination under subsection (4) must be recorded in the
8
minutes of the meeting of the Advisory Council.
9
184 Other terms and conditions
10
An Advisory Council member holds office on the terms and
11
conditions (if any) in relation to matters not covered by this Act
12
that are determined, in writing, by the Minister.
13
184A Resignation
14
(1) An Advisory Council member may resign the member's
15
appointment by giving the Minister a written resignation.
16
(2) The resignation takes effect on the day it is received by the
17
Minister or, if a later day is specified in the resignation, on that
18
later day.
19
184B Termination of appointment
20
(1) The Minister may terminate the appointment of an Advisory
21
Council member:
22
(a) for misbehaviour; or
23
(b) if the Advisory Council member is unable to perform the
24
duties of member's office because of physical or mental
25
incapacity.
26
(2) The Minister may terminate the appointment of an Advisory
27
Council member if:
28
(a) the Advisory Council member:
29
(i) becomes bankrupt; or
30
Schedule 1
Governance arrangements
Part 1
Main amendments
20
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
No. , 2020
(ii) applies to take the benefit of any law for the relief of
1
bankrupt or insolvent debtors; or
2
(iii) compounds with member's creditors; or
3
(iv) makes an assignment of member's remuneration for the
4
benefit of member's creditors; or
5
(b) the Advisory Council member is absent, except on leave of
6
absence, from 3 consecutive meetings of the Advisory
7
Council; or
8
(c) the Advisory Council member fails, without reasonable
9
excuse, to comply with section 182 or 183 (which deal with
10
disclosure of interests).
11
Subdivision C--Procedures of the Advisory Council
12
184C Times and places of meetings
13
(1) The Chair must ensure that such meetings as are necessary for the
14
efficient performance of the Advisory Council's function are held.
15
(2) Meetings are to be held at such times and places as the Chair
16
decides.
17
184D Conduct of meetings
18
Presiding at meetings
19
(1) The Chair must preside at all meetings at which the Chair is
20
present.
21
(2) If the Chair is not present at a meeting, a person appointed by the
22
Chair must be present and preside.
23
Quorum
24
(3) At a meeting of the Advisory Council, a quorum is constituted by
25
half of the Advisory Council members for the time being holding
26
office.
27
(4) However, if:
28
(a) an Advisory Council member is required by section 183 not
29
to be present during the deliberations, or to take part in any
30
Governance arrangements
Schedule 1
Main amendments
Part 1
No. , 2020
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
21
decision, of the Advisory Council with respect to a particular
1
matter; and
2
(b) when the Advisory Council member leaves the meeting
3
concerned there is no longer a quorum present;
4
the remaining Advisory Council at the meeting constitute a quorum
5
for the purpose of any deliberation or decision at that meeting with
6
respect to that matter.
7
Rules of procedure
8
(5) The Advisory Council may, subject to this Division, regulate
9
proceedings at its meetings as it considers appropriate.
10
Note:
Section 33B of the
Acts Interpretation Act 1901
contains further
11
information about the ways in which Advisory Council members may
12
participate in meetings.
13
184E Voting at meetings
14
(1) A question arising at a meeting of the Advisory Council is to be
15
determined by a majority of the votes of the Advisory Council
16
members present and voting.
17
(2) The person presiding at a meeting of the Advisory Council has a
18
deliberative vote and, if the votes are equal, a casting vote.
19
184F Minutes
20
The Advisory Council must keep minutes of its meetings.
21
184G Decisions without meetings
22
(1) The Advisory Council is taken to have made a decision at a
23
meeting if:
24
(a) without meeting, a majority of the Advisory Council
25
members entitled to vote on the proposed decision indicate
26
agreement with the decision; and
27
(b) that agreement is indicated in accordance with the method
28
determined by the Chair under subsection (2); and
29
(c) all the Advisory Council members were informed of the
30
proposed decision, or reasonable efforts were made to inform
31
all the Advisory Council members of the proposed decision.
32
Schedule 1
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Part 1
Main amendments
22
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
No. , 2020
(2) Subsection (1) applies only if the Chair:
1
(a) has determined that it applies; and
2
(b) has determined the method by which Advisory Council
3
members are to indicate agreement with proposed decisions.
4
(3) For the purposes of paragraph (1)(a), an Advisory Council member
5
is not entitled to vote on a proposed decision if the Advisory
6
Council member would not have been entitled to vote on that
7
proposal if the matter had been considered at a meeting of the
8
Advisory Council.
9
(4) The Advisory Council must keep a record of decisions made in
10
accordance with this section.
11
42 Paragraphs 201(2)(a) and (b)
12
Omit "a Commissioner", substitute "the National VET Regulator".
13
43 Subsection 201(4)
14
Omit "its decision", substitute "the Regulator's decision".
15
44 Subsection 201(5)
16
Omit "its decision" (first occurring), substitute "the decision".
17
45 Subsection 201(5)
18
Omit "its reasons for its decision", substitute "the Regulator's reasons
19
for the decision".
20
46 Subsection 202(1)
21
Omit "its decision", substitute "the Regulator's decision".
22
47 Subsection 202(2)
23
Omit "it has not", substitute "the Regulator has not".
24
48 Subsection 202(2)
25
Omit "its decision", substitute "the Regulator's decision".
26
49 Subparagraphs 204(b)(i) and (ii)
27
Repeal the subparagraphs, substitute:
28
Governance arrangements
Schedule 1
Main amendments
Part 1
No. , 2020
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
23
(i) the National VET Regulator;
1
50 Subparagraph 204(b)(iv)
2
Omit "184", substitute "172".
3
51 Subsection 214(2)
4
Omit "its own initiative", substitute "the Regulator's own initiative".
5
52 Subsection 215(1)
6
Omit "Chief Executive Officer", substitute "National VET Regulator".
7
53 Paragraph 215(1)(a)
8
Omit "National VET".
9
54 Sections 218, 219 and 219A
10
Omit "Chief Executive Officer" (wherever occurring), substitute
11
"National VET Regulator".
12
55 Section 222
13
Omit "and the Chief Executive Officer".
14
56 Section 223
15
Repeal the section, substitute:
16
223 Delegation by the Minister
17
The Minister may, by writing, delegate all or any of the Minister's
18
functions and powers under this Act (other than under section 91 or
19
160, subsection 162(3) or section 163, 169, 176, 178 or 184B) to:
20
(a) the National VET Regulator; or
21
(b) the Secretary.
22
57 Paragraph 224(1)(b)
23
Omit "184", substitute "172".
24
58 Subsection 232(1)
25
Omit "it provides", substitute "the Regulator provides".
26
Schedule 1
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Part 1
Main amendments
24
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
No. , 2020
59 Subsection 232(1)
1
Omit "its functions", substitute "the Regulator's functions".
2
60 Paragraph 233(1)(b)
3
Repeal the paragraph.
4
Governance arrangements
Schedule 1
Consequential amendments
Part 2
No. , 2020
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
25
Part 2--Consequential amendments
1
Education Services for Overseas Students Act 2000
2
61 Subsection 6A(1) (table item
2, column headed "a person
3
is an
authorised officer
of the agency if:",
4
paragraph (a))
5
Repeal the paragraph, substitute:
6
(a) the National VET Regulator; or
7
62 Subsection 6A(1) (table item
2, column headed "a person
8
is an
authorised officer
of the agency if:",
9
paragraph (b))
10
Omit "that Act", substitute "the NVETR Act".
11
63 Subsection 171A(2)
12
Repeal the subsection, substitute:
13
(2) If the Secretary delegates a function or power under
14
subsection 170(3) to the National VET Regulator, the National
15
VET Regulator may, in writing, subdelegate the function or power
16
to a member of the staff of the Regulator (within the meaning of
17
the NVETR Act) who:
18
(a) is an SES employee, or acting SES employee; or
19
(b) holds or performs the duties of an Executive Level 1 or 2
20
position or an equivalent position.
21
Note:
The expressions
SES employee
and
acting SES employee
are defined
22
in section 2B of the
Acts Interpretation Act 1901
.
23
Higher Education Support Act 2003
24
64 Paragraphs 39EC(a), 39FB(1)(f) and 39FD(1)(e) of
25
Schedule 1A
26
Omit "each
*
NVETR Commissioner", substitute "the
*
National VET
27
Regulator".
28
Schedule 1
Governance arrangements
Part 2
Consequential amendments
26
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
No. , 2020
65 Subclauses 39GA(2) and 39GC(2) of Schedule 1A
1
Omit "A
*
NVETR Commissioner", substitute "The
*
National VET
2
Regulator".
3
66 Subclause 1(1) of Schedule 1 (definition of
NVETR
4
Commissioner
)
5
Repeal the definition.
6
National Vocational Education and Training Regulator
7
(Charges) Act 2012
8
67 Paragraph 6B(2)(a)
9
Omit "its functions", substitute "the Regulator's functions".
10
VET Student Loans Act 2016
11
68 Section 6 (definition of
NVETR Commissioner
)
12
Repeal the definition.
13
69 Paragraphs 82(3)(e) and 83(2)(e)
14
Omit "each NVETR Commissioner", substitute "the National VET
15
Regulator".
16
70 Subparagraph 85(2)(b)(i)
17
Omit "each NVETR Commissioner", substitute "the National VET
18
Regulator".
19
71 Subsections 88(2) and 89(2)
20
Omit "An NVETR Commissioner", substitute "The National VET
21
Regulator".
22
Governance arrangements
Schedule 1
Amendments contingent on the National Vocational Education and Training Regulator
Amendment Act 2020
Part 3
No. , 2020
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
27
Part 3--Amendments contingent on the National
1
Vocational Education and Training
2
Regulator Amendment Act 2020
3
National Vocational Education and Training Regulator Act
4
2011
5
72 Subsection 47C(2)
6
Omit "its website", substitute "the Regulator's website".
7
73 Subsection 155(1A)
8
Repeal the subsection.
9
Schedule 2
Information sharing
28
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
No. , 2020
Schedule 2--Information sharing
1
2
National Vocational Education and Training Regulator Act
3
2011
4
1 Section 3
5
Insert:
6
information safeguard rules
has the meaning given by
7
section 214A.
8
2 At the end of Subdivision B of Division 2 of Part 9
9
Add:
10
210A Disclosure of information by the National Centre for
11
Vocational Education Research etc.
12
(1) The National Centre for Vocational Education Research may
13
disclose information collected in accordance with the Data
14
Provision Requirements, or any equivalent requirements in a
15
non-referring State, to any of the following bodies for the purposes
16
of that body:
17
(a) the Department;
18
(b) another Commonwealth authority;
19
(c) a State or Territory authority (other than a registered training
20
organisation) that deals with, or has responsibility for,
21
matters relating to vocational education and training;
22
(d) a VET Regulator.
23
(2) The National Centre for Vocational Education Research may, for
24
the purposes of the Centre, disclose information collected in
25
accordance with the Data Provision Requirements, or any
26
equivalent requirements in a non-referring State, to a person
27
engaged by the Centre to conduct research on behalf of the Centre.
28
(3) The National Centre for Vocational Education Research may
29
disclose information to a person under subsection (2) only if:
30
Information sharing
Schedule 2
No. , 2020
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
29
(a) the person satisfies the requirements (if any) prescribed by
1
the information safeguard rules for the purposes of this
2
paragraph; and
3
(b) the National Centre for Vocational Education Research
4
satisfies the requirements (if any) prescribed by the
5
information safeguard rules for the purposes of this
6
paragraph.
7
210B Disclosure of information by the Department etc.
8
Scope
9
(1) This section applies to information disclosed under
10
paragraph 210A(1)(a).
11
Disclosure of information
12
(2) The Secretary may disclose the information to either of the
13
following for the purposes of the Department:
14
(a) a Commonwealth authority;
15
(b) a person engaged by the Secretary to carry out an activity on
16
behalf of the Department.
17
(3) The Secretary may disclose information to an authority or person
18
under subsection (2) only if the authority or person satisfies the
19
requirements (if any) prescribed by the information safeguard rules
20
for the purposes of this subsection.
21
210C This Subdivision does not limit disclosure of information
22
This Subdivision does not limit the disclosure of information.
23
Note:
The disclosure of information may also be authorised in other
24
circumstances. For example, see the
Privacy Act 1988
.
25
3 At the end of Division 2 of Part 9
26
Add:
27
Schedule 2
Information sharing
30
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
No. , 2020
Subdivision D--Information safeguard rules
1
214A Information safeguard rules
2
The Minister may, by legislative instrument, make rules
3
(
information safeguard rules
) prescribing matters required or
4
permitted by this Act to be prescribed by the information safeguard
5
rules, as agreed by the Ministerial Council.
6
4 At the end of Division 1 of Part 12
7
Add:
8
226A Delegation by the Secretary
9
The Secretary may, by writing, delegate all or any of the
10
Secretary's functions or powers under this Act (other than a
11
function or power delegated to the Secretary under section 223) to
12
an SES employee, or acting SES employee, in the Department.
13
Note:
The expressions
SES employee
and
acting SES employee
are defined
14
in the
Acts Interpretation Act 1901
.
15
Transitional and application provisions
Schedule 3
No. , 2020
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
31
Schedule 3--Transitional and application
1
provisions
2
3
National Vocational Education and Training Regulator
4
(Transitional Provisions) Act 2011
5
1 In the appropriate position
6
Insert:
7
Schedule 5--Transitional provisions relating
8
to the National Vocational Education
9
and Training Regulator Amendment
10
(Governance and Other Matters) Act
11
2020
12
13
1 Definitions
14
In this Schedule:
15
Amending Act
means the
National Vocational Education and Training
16
Regulator Amendment (Governance and Other Matters) Act 2020
.
17
Chief Commissioner
has the same meaning as in the Principal Act
18
immediately before the later commencement time.
19
Chief Executive Officer
has the same meaning as in the Principal Act
20
immediately before the later commencement time.
21
Commissioner
has the same meaning as in the Principal Act
22
immediately before the later commencement time.
23
early commencement time
means the start of the day on which
24
Schedule 2 to the Amending Act commences.
25
later commencement time
means the time at which Part 1 of Schedule 1
26
to the Amending Act commences.
27
National VET Regulator
has the same meaning as in the Principal Act.
28
Principal Act
means the
National Vocational Education and Training
29
Regulator Act 2011
.
30
VET information
has the same meaning as in the Principal Act.
31
Schedule 3
Transitional and application provisions
32
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
No. , 2020
2 Things done by, or in relation to, a Commissioner or the
1
Chief Executive Officer
2
(1)
If a thing was done by, or in relation to, a Commissioner (including the
3
Chief Commissioner) or the Chief Executive Officer under a law of the
4
Commonwealth before the later commencement time, then the thing is
5
taken, at and after that time, to have been done by, or in relation to, the
6
National VET Regulator.
7
(2)
The Minister may, by legislative instrument, determine that subitem (1)
8
does not apply in relation to a specified thing done by, or in relation to,
9
a Commissioner (including the Chief Commissioner) or the Chief
10
Executive Officer.
11
(3)
To avoid doubt, doing a thing includes making an instrument.
12
(4)
Nothing in this item produces the result that the appointment of a
13
person as a Commissioner (including the Chief Commissioner) before
14
the later commencement time has effect, at or after that time, as if it
15
were an appointment of the person as the National VET Regulator.
16
3 Effect of things done by the National VET Regulator before
17
the commencement of the Amending Act
18
A thing done by, or in relation to, the National VET Regulator under a
19
law of the Commonwealth before the later commencement time is not
20
affected by the amendments made by Schedule 1 to the Amending Act.
21
4 Consultants
22
A consultant engaged under section 184 of the Principal Act
23
immediately before the later commencement time is, at and after that
24
time, taken to be engaged under section 172 of that Act.
25
5 Unauthorised disclosure of VET information
26
Despite the amendment of section 204 of the Principal Act by
27
Schedule 1 to the Amending Act, that section, as in force immediately
28
before the later commencement time, continues to apply at and after that
29
time in relation to a person who was any of the following at any time
30
before the later commencement time:
31
(a) a Commissioner;
32
(b) the Chief Executive Officer;
33
Transitional and application provisions
Schedule 3
No. , 2020
National Vocational Education and Training Regulator Amendment
(Governance and Other Matters) Bill 2020
33
(c) a consultant engaged under section 184 of the Principal Act.
1
6 Protections from civil actions
2
Despite the amendment of section 233 of the Principal Act by
3
Schedule 1 to the Amending Act, that section, as in force immediately
4
before the later commencement time, continues to apply at and after that
5
time in relation to a person who was a Commissioner at any time before
6
the later commencement time.
7
7 Party to pending proceedings
8
(1)
If, immediately before the later commencement time:
9
(a) the National VET Regulator was a party to proceedings
10
under the name "Australian Skills Quality Authority"; and
11
(b) the proceedings were pending in any court or tribunal;
12
then, at and after the later commencement time, the National VET
13
Regulator is taken to continue as a party to the proceedings under the
14
name "National Vocational Education and Training Regulator".
15
(2)
However, if the Minister determines a different name under which the
16
National VET Regulator is to continue as a party to the proceedings,
17
then the Regulator is taken to continue as a party to the proceedings
18
under that name.
19
(3)
The Minister must notify the court or tribunal in writing of a
20
determination under subitem (2).
21
8 Disclosure of information
22
Section 210A (as inserted by Schedule 2 to the Amending Act) applies
23
to a disclosure of information by the National Centre for Vocational
24
Education Research at or after the early commencement time, even if
25
the information was collected by the Centre before that time.
26