Federal Register of Legislation - Australian Government

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ASQA Authorised Officer Requirements 2012

Authoritative Version
Other as made
This instrument determines the experience, training and qualification requirements for persons appointed as authorised officers by the Chief Commissioner of the Australian Skills Quality Authority under subsection 89(1) of the Act.
Administered by: Education, Skills and Employment
Registered 05 Dec 2012
Tabling HistoryDate
Tabled HR05-Feb-2013
Tabled Senate05-Feb-2013

ASQA Authorised Officer Requirements 1

I, Chris Evans, Minister for Tertiary Education, Skills, Science and Research, make this legislative instrument under subsection 89(2A) of the National Vocational Education and Training Regulator Act 2011.

 

Dated 22nd November 2012

 

 

CHRIS EVANS

Minister for Tertiary Education, Skills, Science and Research

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notes                   

1.       All legislative instruments and compilations that are required to be registered are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.

 

Commonwealth of Australia

 

 

National Vocational Education and Training Regulator Act 2011

 

 

ASQA AUTHORISED OFFICER REQUIREMENTS

 

 

PART 1     PRELIMINARY

 

1        Name of Instrument

 

This legislative instrument is the ASQA Authorised Officer Requirements 2012.

 

2        Commencement

 

This legislative instrument will come into effect on the day after registration on the Federal Register of Legislative Instruments.

 

3        Purpose and Application

 

This legislative instrument is made under subsection 89(2A) of the Act.

 

The purpose of this Instrument is to determine the experience, training and qualification requirements for persons to be appointed as authorised officers pursuant to subsection 89(1) of the Act.

         

 

PART 2     TERMS USED IN THIS INSTRUMENT

 

4        Definitions

          In this Instrument:

 

Act means the National Vocational Education and Training Regulator Act 2011.

         

ASQA or the Australian Skills Quality Authority means the National VET Regulator established under subsection 155(1) of the Act.

 

 

Note  The following terms used in this Instrument are defined in the Act and have the same meaning as in that Act: authorised officer, Chief Commissioner, Training Package.

 


 

 

PART 3     AUTHORISED OFFICER REQUIREMENTS

 

5        Matters the Chief Commissioner must have regard to

 

(1)          A person will be taken to have satisfied the experience, training and qualification requirements, for a person performing the role of an authorised officer under the Act, if the Chief Commissioner is satisfied that the person meets the criteria set out in any, or all, of items 6 and 7 of this instrument.

 

6        Assessment of Experience

 

(1)     A person satisfies the experience requirements for appointment as an authorised officer if the person is able to demonstrate previous experience in working in an investigative or statutory compliance role, for a length of time deemed acceptable by the Chief Commissioner.

 

(2)     For the purpose of this item 6, when assessing whether a person satisfies the experience requirements for appointment as an authorised officer, the Chief Commissioner must be satisfied that the person has demonstrated experience that is relevant to performing their functions as an authorised officer under the Act, in any, or all, of the following areas:

 

a)      evidence gathering;

b)      data validation and analysis;

c)      compliance with legislation;

d)     exercising regulatory power;

e)      fraud detection;

f)       planning and conducting investigations;

g)      risk assessment and risk management;

h)      conducting search and seizure of evidential material;

i)        conducting and recording interviews;

j)        preparing evidence briefs and statements;

k)      workplace communication strategies;

l)        ethical conduct;

m)    workplace safety; and

n)      principles and ethos of public service.

 

(3)     Notwithstanding subitems 6(1) and 6(2) where a person can demonstrate they possess a Certificate IV in Government (Investigations) or equivalent the person is taken to have satisfied the experience requirements for appointment as an authorised officer.

 

 

7        Training and Qualification Requirements

 

(1)     A person satisfies the training and qualification requirements for appointment as an authorised officer if:

 

(a) the person has successfully completed Certificate IV in Government (Investigation) or its equivalent, as set out in the Public Services Training Package (PSP04) or its  replacement; or

 

(b) the Chief Commissioner is satisfied that the person:

 

(i)      meets the experience requirements of item 6; and

 

(ii)      the person is appointed on the condition they enrol and complete a Certificate IV in Government (Investigations) or its equivalent within twelve months of their appointment as an authorised officer.