Student Identifiers (Exemptions) Instrument 2014

made under subsection 53(3) of the

Student Identifiers Act 2014

Compilation No. 2               

Compilation date:                              22 December 2015

Includes amendments up to:           Student Identifiers (Exemptions) Amendment Instrument 2015 (No.2)

About this compilation

This compilation

This is a compilation of the Student Identifiers (Exemptions) Instrument 2014 that shows the text of the law as amended and in force on 22 December 2015 (the compilation date).

This compilation was prepared on 22 December 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Part 1 – Preliminary

1.         Name of legislative instrument

This legislative instrument may be cited as the Student Identifiers (Exemptions) Instrument 2014.

2.         Commencement

This legislative instrument commences on the day after it is registered.

3.         Authority

This legislative instrument is made under sub-section 53(3) of the Student Identifiers Act 2014.

4.         Definitions

In this legislative instrument, unless the contrary intention appears:

AVETMISS means Australian Vocational Education and Training Management Information Statistical Standard.  AVETMISS is the standard for the collection of national VET data. 

Student portal means the online facility made available to the Registrar for individuals to apply directly for a student identifier.

VET means vocational education and training.

The following terms have the same meaning as in the Student Identifiers Act 2014:

·           Authenticated VET transcript

·           Registrar

·           Student identifier

The following terms have the same meaning as in the National Vocational Education and Training Regulator Act 2011:

·           Registered training organisation

·           VET Course

·           VET qualification

·           VET Regulator

·           VET statement of attainment

Part 2 – Issue of VET qualifications and VET statements of attainment

5.         Purpose of Part 2

This part specifies the exemptions from the requirement to have a student identifier assigned prior to a VET qualification or VET statement of attainment being issued, pursuant to sub-section 53(3) of the Student Identifiers Act 2014.

6.         Registered training organisations

(1)       Where, prior to 1 January 2016:

(a)    a registered training organisation is exempt from reporting on VET on the basis that it has notified its VET Regulator that it will not collect and submit AVETMISS compliant data on all or part of its nationally recognised training activity on the grounds that:

(i)           it is delivering vital community services (including emergency, fire, rescue or first aid services); and

(ii)         it considers that the submission of AVETMISS compliant data would adversely affect its ability to continue to deliver these vital community services to the Australian community:

then

(b)    the registered training organisation can issue a VET qualification or VET statement of attainment to an individual without a student identifier where the individual has undertaken VET for which AVETMISS data is not collected and reported in terms of 6(1)(a) above. 

(2)       Commencing from 1 January 2016, where:

(a)    a registered training organisation is exempt from reporting on VET on the basis that it has notified its VET Regulator that it will not collect and submit AVETMISS compliant data on its nationally recognised training activity for which it has not received a fee or other form of consideration on the grounds that:

(i)           it is delivering vital community services (including emergency, fire, rescue or first aid services); and

(ii)         it considers that the submission of AVETMISS compliant data would adversely affect its ability to continue to deliver these vital community services to the Australian community;

then

(b)          the registered training organisation may issue a:

(i)           VET qualification; or

(ii)         VET statement of attainment;

to an individual who has not been assigned a student identifier, where the registered training organisation has not received a fee or any other form of consideration in relation to:

(iii)        any training or assessment provided by the registered training organisation; or

(iv)        the issuance of;

that VET qualification or VET statement of attainment to the individual.

(3)       Where:

(a)    a registered training organisation, having consulted with its VET Regulator, is exempt from the requirement to collect and submit AVETMISS compliant data on a nationally recognised training activity where submission of that data would conflict with defence or national security legislation or could jeopardise the security or safety of defence, border protection, customs, national security or police personnel;

then

(b)          the registered training organisation can issue a VET qualification or a VET statement of attainment to an individual who has not been assigned a student identifier and has undertaken VET to which paragraph 6(2)(a) applies.

(4)       Where, prior to 1 January 2017:

(a)      a registered training organisation delivers a VET course over a  single day or less to an individual; and

(b)       the individual is unable to obtain a student identifier before the completion of the VET course delivered over a single day or less;

then

(c)      the registered training organisation may issue a VET qualification or a VET statement of attainment to that individual.

7.    Individuals

(1)             A VET qualification or VET statement of attainment can be issued by a registered training organisation to an individual who has not been assigned a student identifier, where the VET qualification or VET statement of attainment is to be issued to:

(a)    an international student who has completed all the requirements for the VET qualification or VET statement of attainment outside of Australia; or

(b)    an individual who has completed all the requirements for the VET qualification or VET statement of attainment before 1January 2015; or

(c)    an individual who has applied for and been granted an exemption in accordance with sub-section 7(2).

(2)       An individual can apply to the Registrar for an exemption from the requirement to have a student identifier in order to be issued a VET qualification or VET statement or attainment, where the individual has a genuine personal objection to being assigned a student identifier.

(a)    The application for an exemption must be submitted in the manner and form prescribed by the Registrar and must include such information as required by the Registrar.

(b)    The Registrar must provide to the individual written confirmation that the individual has been granted an exemption where:

(i)           the application for exemption is in the prescribed form and includes the required information; and

(ii)         the Registrar is reasonably satisfied that the individual has clearly demonstrated a genuine

personal objection to being assigned a student identifier.

(c)    If the Registrar determines that the individual has not met the criteria outlined in paragraph 7(2)(b), then the Registrar must advise the individual in writing, stating the reason for such a determination.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history