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National Vocational Education and Training Regulator Act 2011
In force
Administered by
Department of Employment and Workplace Relations
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C2024C00122 (C22)
29 March 2024
-
30 June 2024
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Part 1—Introduction
Division 1—Preliminary
1 Short title
2 Commencement
2A Objects
Division 2—Definitions
3 Definitions
3A Vacancy in the office of an Advisory Council member
Division 3—Constitutional basis for this Act and the Transitional Act
4 Constitutional basis for this Act and the Transitional Act
5 Meaning of referring State
6 Meaning of referred VET matters
7 Meaning of non referring State
8 When application of this Act takes effect
9 Immunity from State and Territory laws
10 When this Act does not apply—exclusion by a law of a referring State or a Territory
11 Addressing inconsistency between Commonwealth and State and Territory laws
Division 4—General application of this Act and the Transitional Act
12 Acts bind the Crown
13 Acts not to apply so as to exceed Commonwealth power
14 Extension of Acts to external Territories
15 Extra territorial application
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Part 2—Registration
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Division 1—Registering as an NVR registered training organisation
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Subdivision A—Applying for registration
16 Application for registration
17 Registration
17A Requirements for audits conducted in relation to applications for registration
17B Order of consideration of initial applications for registration
18 National VET Regulator to notify applicant of decision on registration
19 National VET Regulator to issue certificate of registration
20 Commencement and duration of registration
Subdivision B—Conditions of registration
21 Complying with conditions
22 Condition—compliance with the VET Quality Framework
22A Condition—commitment and capability to deliver quality vocational education and training
23 Condition—satisfying Fit and Proper Person Requirements
24 Condition—satisfying the Financial Viability Risk Assessment Requirements
24A Condition—complying with student assistance laws
25 Condition—notifying National VET Regulator of material changes
26 Condition—other information etc. must be provided
26A Copies of documents
26B National VET Regulator may retain documents
27 Condition—cooperation
28 Condition—compliance with directions given by the National VET Regulator
29 Other conditions
30 National VET Regulator to notify NVR registered training organisation of change in conditions of registration
Subdivision C—Renewing registration
31 Renewal of registration
Division 2—Changing the scope of registration
32 Application for change of scope of registration
33 Change of scope of registration
34 National VET Regulator to notify applicant of decision on change of scope of registration
Division 3—Ensuring compliance with the VET Quality Framework
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Subdivision A—Audits
35 Audits
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Subdivision AA—Directions to rectify breaches of conditions
35A Directions to rectify breaches of conditions
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Subdivision B—Administrative sanctions
36 Sanctions
37 Natural justice requirements
38 Suspension
39 Cancellation
40 Other enforcement action
Division 4—Requests for reassessment
41 Requests for reassessment
Division 5—Withdrawing registration
42 Withdrawing registration
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Part 3—Accreditation of courses
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Division 1—Applying for accreditation
43 Application for accreditation
44 Accreditation of course
45 National VET Regulator to notify applicant of decision on accreditation of course
46 Commencement and duration of accreditation
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Division 2—Conditions of accreditation
47 Complying with conditions
47A Condition—compliance with Standards for VET Accredited Courses
47B Condition—compliance with Australian Qualifications Framework
47C Condition—compliance with directions given by the National VET Regulator
48 Conditions
49 National VET Regulator to notify relevant person of change in conditions of accreditation
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Division 3—Renewing accreditation
50 Renewal of accreditation
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Division 4—Amending VET accredited courses
51 Amending VET accredited courses
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Division 5—Cancelling accreditation
52 Cancelling accreditation
53 National VET Regulator to notify relevant persons of proposed cancellation
54 When cancellation takes effect
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Part 4—National VET Regulator’s power to issue and cancel VET qualifications etc.
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Division 1—Issue of VET qualifications and VET statements of attainment
55 National VET Regulator may issue VET qualifications and VET statements of attainment
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Division 2—Cancellation of VET qualifications and VET statements of attainment
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Subdivision A—Cancellation
56 National VET Regulator may cancel VET qualifications and VET statements of attainment
57 National VET Regulator to notify person concerned of proposed cancellation
58 National VET Regulator’s consideration of response
59 When cancellation takes effect
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Subdivision B—Civil penalties
60 Civil penalty—failure to return VET qualification or VET statement of attainment
61 Civil penalty—use of cancelled VET qualification or VET statement of attainment
61A Civil penalty—failure to comply with direction under subsection 56(2)
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Part 5—Investigative powers
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Division 1—Requiring people to give information and produce documents or things
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Subdivision A—Requests by National VET Regulator
62 Requests for information, documents or things
63 National VET Regulator may retain documents and things
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Subdivision B—Offence and related provisions
64 Failure to comply with National VET Regulator’s request
65 Self incrimination etc.
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Division 2—Searches of premises
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Subdivision A—Exercising monitoring or enforcement powers
66 Authorised officer may enter premises by consent or under a warrant
67 Monitoring powers of authorised officers
68 Enforcement powers of authorised officers
69 Persons assisting authorised officers
70 Use of force in executing a warrant
71 Authorised officer may ask questions and seek production of documents
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Subdivision B—Obligations and incidental powers of authorised officers
72 Consent
73 Announcement before entry under warrant
74 Authorised officer to be in possession of warrant
75 Details of warrant etc. to be given to occupier
76 Expert assistance to operate electronic equipment
77 Compensation for damage to electronic equipment
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Subdivision C—Occupier’s rights and responsibilities
78 Occupier entitled to observe execution of warrant
79 Occupier to provide authorised officer with facilities and assistance
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Subdivision D—General provisions relating to seizure
80 Copies of seized things to be provided
81 Receipts for things seized
82 Return of seized things
83 Issuing officer may permit a thing to be retained
84 Disposal of things
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Subdivision E—Warrants
85 Monitoring warrants
86 Issue of enforcement warrants
87 Enforcement warrants by telephone, fax etc.
88 Offence relating to warrants by telephone, fax etc.
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Subdivision F—Appointment of authorised officers and issue of identity cards
89 Appointment of authorised officers
90 Identity cards
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Subdivision G—Powers of issuing officers
91 Judges of the Federal Circuit and Family Court of Australia (Division 2)—consent to nomination
92 Issuing officers—personal capacity
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Part 6—Enforcement
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Division 1—Offences and civil penalty provisions
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Subdivision A—Conduct by NVR registered training organisations
93 Offence—providing all or part of VET course outside scope of registration
94 Civil penalty—providing all or part of VET course outside scope of registration
95 Offence—issuing VET qualification outside scope of registration
96 Civil penalty—issuing VET qualification outside scope of registration
97 Offence—issuing VET statement of attainment outside scope of registration
98 Civil penalty—issuing VET statement of attainment outside scope of registration
99 Offence—advertising all or part of VET course outside scope of registration
100 Civil penalty—advertising all or part of VET course outside scope of registration
100A Offence—making false or misleading representation in advertisement
100B Civil penalty—making false or misleading representation in advertisement
100C Offence—making false or misleading representation relating to VET course, VET qualification or operations
100D Civil penalty—making false or misleading representation relating to VET course, VET qualification or operations
101 Offence—certain conduct prohibited while scope of registration suspended
102 Civil penalty—certain conduct prohibited while scope of registration suspended
103 Offence—issuing VET qualification without providing adequate assessment
104 Civil penalty—issuing VET qualification without providing adequate assessment
105 Offence—issuing VET statement of attainment without providing adequate assessment
106 Civil penalty—issuing VET statement of attainment without providing adequate assessment
107 Offence—issuing VET qualification without ensuring student satisfied requirements
108 Civil penalty—issuing VET qualification without ensuring student satisfied requirements
109 Offence—issuing VET statement of attainment without ensuring student satisfied requirements
110 Civil penalty—issuing VET statement of attainment without ensuring student satisfied requirements
111 Civil penalty—breach of condition of registration
112 Civil penalty—failure to return certificate of registration
113 Geographical jurisdiction
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Subdivision B—Conduct that is prohibited if not an NVR registered training organisation
114 Offence—falsely claiming to be an NVR registered training organisation
115 Civil penalty—falsely claiming to be an NVR registered training organisation
116 Offence—providing, or offering to provide, all or part of a VET course without registration
117 Civil penalty—providing, or offering to provide, all or part of a VET course without registration
118 Offence—issuing VET qualification
119 Civil penalty—issuing VET qualification
120 Offence—issuing VET statement of attainment
121 Civil penalty—issuing VET statement of attainment
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Subdivision C—Other prohibited conduct
122 Offence—making false or misleading representation in advertisement
123 Civil penalty—making false or misleading representation in advertisement
123A Offence—advertising or offering VET course without identifying issuer of VET qualification or statement of attainment
123B Civil penalty—advertising or offering VET course without identifying issuer of VET qualification or statement of attainment
124 Offence—making false or misleading representation relating to VET course or VET qualification
125 Civil penalty—making false or misleading representation relating to VET course or VET qualification
126 Offence—purporting to issue VET qualification
127 Civil penalty—purporting to issue VET qualification
128 Offence—purporting to issue VET statement of attainment
129 Civil penalty—purporting to issue VET statement of attainment
130 Civil penalty—breach of condition of accreditation
131 Civil penalty—using a bogus VET qualification or VET statement of attainment
132 Geographical jurisdiction
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Subdivision D—Executive officers
133 Personal liability of an executive officer of a registered training organisation—general
133A Personal liability of an executive officer of a registered training organisation—offences covered
134 Reasonable steps to prevent offence or contravention
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Subdivision E—Partnerships
135 Liability of partners in partnerships
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Subdivision F—Unincorporated associations
136 Liability of members of unincorporated associations
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Division 2—Civil penalty proceedings
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Subdivision A—Obtaining an order for a civil penalty
137 Federal Court or Federal Circuit and Family Court of Australia (Division 2) may impose pecuniary penalty
138 Involvement in contravening civil penalty provision
139 Recovery of a pecuniary penalty
140 Gathering information for application for pecuniary penalty
141 Continuing and multiple contraventions of civil penalty provisions
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Subdivision B—Civil penalty proceedings and criminal proceedings
142 Civil proceedings after criminal proceedings
143 Criminal proceedings during civil proceedings
144 Criminal proceedings after civil proceedings
145 Evidence given in proceedings for civil penalty not admissible in criminal proceedings
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Division 3—Enforceable undertakings
146 Acceptance of undertakings
147 Enforcement of undertakings
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Division 4—Infringement notices
148 Infringement notices in respect of offences
149 Infringement notices in respect of civil penalty provisions
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Division 5—Injunctions
150 Injunctions
151 Interim injunctions
152 Discharge etc. of injunctions
153 Certain limits on granting injunctions not to apply
154 Other powers of the Federal Court or Federal Circuit and Family Court of Australia (Division 2) unaffected
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Part 7—Administration
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Division 1—National Vocational Education and Training Regulator
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Subdivision A—Establishment, functions and powers of the National VET Regulator
155 Establishment
157 Functions of the National VET Regulator
157A National VET Regulator to cooperate with assessments
158 Financial Viability Risk Assessment Requirements
159 Independence of the National VET Regulator
160 Minister may give directions to the National VET Regulator
161 National VET Regulator has privileges and immunities of the Crown
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Subdivision B—Appointment and terms and conditions of the National VET Regulator
162 Appointment
163 Acting appointments
164 Remuneration
165 Leave of absence
166 Other paid work
167 Other terms and conditions
168 Resignation
169 Termination of appointment
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Subdivision C—Staff and consultants
170 Staff required to assist the National VET Regulator
171 Staff to be made available to the National VET Regulator
172 Consultants
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Subdivision D—Application of the finance law
173 Application of the finance law
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Division 2—National Vocational Education and Training Regulator Advisory Council
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Subdivision A—Establishment and function of the Advisory Council
174 Establishment
175 Function
176 Minister may give directions to the Advisory Council
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Subdivision B—Appointment and terms and conditions of the Advisory Council
177 Membership
178 Appointment
179 Acting appointments
180 Remuneration
181 Leave of absence
182 Disclosure of interests to the Minister
183 Disclosure of interests to the Advisory Council
184 Other terms and conditions
184A Resignation
184B Termination of appointment
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Subdivision C—Procedures of the Advisory Council
184C Times and places of meetings
184D Conduct of meetings
184E Voting at meetings
184F Minutes
184G Decisions without meetings
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Part 8—Commonwealth State arrangements
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Division 1—Role of Ministerial Council
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Subdivision A—NVR registered training organisations
185 Standards for NVR Registered Training Organisations
186 Fit and Proper Person Requirements
187 Data Provision Requirements
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Subdivision B—VET accredited courses
188 Standards for VET Accredited Courses
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Subdivision C—VET Regulators
189 Standards for VET Regulators
190 Risk Assessment Framework
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Subdivision D—Miscellaneous
191 How the Ministerial Council gives agreement
191A Adopting matters contained in other instruments as in force from time to time
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Division 2—Conferral of functions and powers by State law
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Subdivision A—Conferral of functions and powers
192 Commonwealth consent to conferral of functions etc. on the National VET Regulator by corresponding State laws
193 Meaning of imposes a duty
194 When duty imposed
195 Duty imposed by corresponding State law applying Commonwealth law
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Subdivision B—Jurisdiction of federal courts
196 Conferral of jurisdiction on federal courts
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Subdivision C—Administrative decisions
197 Review of certain decisions under State laws
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Subdivision D—Application to the Australian Capital Territory and the Northern Territory
198 Application to the Australian Capital Territory and the Northern Territory
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Part 9—Administrative law matters
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Division 1—Review of decisions
199 Reviewable decisions
200 Applications for reconsideration of decisions
201 Reconsideration by the National VET Regulator
202 Deadline for reconsideration
203 Review by the Administrative Appeals Tribunal
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Division 2—Information management
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Subdivision A—Unauthorised disclosure
204 Unauthorised disclosure of VET information
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Subdivision B—Information sharing
205 Disclosure of information by National VET Regulator
205A Disclosing information to certain government bodies etc.
206 Advising State/Territory Education Ministers about concerns or proposed cancellation of registration
207 Disclosure of information to occupational licensing bodies etc.
208 Disclosure of information in accordance with international cooperative arrangements
209 Release of information to the public by the National VET Regulator
209A Release of information to the public by the Department
210 Disclosure of information to the National VET Regulator
210A Disclosure of information by the National Centre for Vocational Education Research etc.
210B Disclosure and release of information by the Department etc.
210C This Subdivision does not limit disclosure of information
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Subdivision C—VET student records
211 VET student records to be provided to National VET Regulator—executive officers etc.
212 National VET Regulator may request VET student records to be provided to Regulator
213 Transfer of VET student records to another registered training organisation
214 National VET Regulator’s management of VET student records
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Subdivision D—Information safeguard rules
214A Information safeguard rules
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Subdivision E—VET data systems
214B Collection, use or disclosure of information
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Part 10—Reporting requirements
215 Annual report
216 National Register
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Part 11—Corporate plans
218 Approval of corporate plan
219 Variation of corporate plan
219A Application of the Public Governance, Performance and Accountability Act 2013
222 Compliance with plans
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Part 12—Miscellaneous
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Division 1—Delegations
223 Delegation by the Minister
224 Delegation by the National VET Regulator—government authorities etc.
225 Delegation by the National VET Regulator—occupational licensing bodies and other industry bodies
226 Delegation by the National VET Regulator—NVR registered training organisations
226A Delegation by the Secretary
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Division 2—Provisions affecting partnerships
227 Partnerships—rights and obligations
228 Continuity of partnerships
229 Partnership ceases to exist
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Division 3—Provisions affecting unincorporated associations
230 Unincorporated associations—rights and obligations
231 Unincorporated association ceases to exist
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Division 3A—Quality standards
231A Quality Standards
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Division 3B—Audit report rules
231B Audit report rules
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Division 3C—Suspension of initial applications for registration
231C Minister may suspend processing of initial applications for registration
231D Minister may suspend making of initial applications for registration
231E Minister to consult the National VET Regulator
231F Agreement of Ministerial Council
231G Notice of determination must be published on National VET Regulator’s website
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Division 4—Miscellaneous
232 Fees
232A National VET Regulator annual registration charge
232B Recovery of charges
233 Protection from civil actions
233A Failure to publish or broadcast advertisement or make offer or representation not actionable if Act would be contravened
234 Compensation for acquisition of property
235 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history