Federal Register of Legislation - Australian Government

Primary content

Regulations as made
These regulations amend the National Vocational Education and Training Regulator Regulations 2011 to prescribe matters that are subject to infringement notices, prescribe additional matters the National VET Regulator must ensure are entered on the National Register and to make technical amendments.
Administered by: Education, Skills and Employment
Registered 07 Aug 2020
Tabling HistoryDate
Tabled HR24-Aug-2020
Tabled Senate24-Aug-2020
Date of repeal 02 Mar 2021
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 06 August 2020

David Hurley

Governor‑General

By His Excellency’s Command

Michaelia Cash

Minister for Employment, Skills, Small and Family Business

 

 

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Part 1—Amendments commencing day after registration                                                    2

National Vocational Education and Training Regulator Regulations 2011                            2

Part 2—Amendments commencing 1 September 2020                                                          3

National Vocational Education and Training Regulator Regulations 2011                            3

Part 3—Amendments commencing 1 March 2021                                                                   5

National Vocational Education and Training Regulator Regulations 2011                            5

 


1  Name

                   This instrument is the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 4 and anything in this instrument not elsewhere covered by this table

The day after this instrument is registered.

8 August 2020

2.  Schedule 1, Part 1

The day after this instrument is registered.

8 August 2020

3.  Schedule 1, Part 2

1 September 2020.

1 September 2020

4.  Schedule 1, Part 3

1 March 2021.

1 March 2021

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the National Vocational Education and Training Regulator Act 2011.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

Part 1Amendments commencing day after registration

National Vocational Education and Training Regulator Regulations 2011

1  Part 4

Repeal the Part.

Part 2Amendments commencing 1 September 2020

National Vocational Education and Training Regulator Regulations 2011

2  Before paragraph 7(a)

Insert:

                    (aa)  section 61A;

3  After paragraph 7(d)

Insert:

                  (daa)  subsection 111(1), but only to the extent that a contravention of that subsection relates to a failure to comply with the Standards for NVR Registered Training Organisations (see the condition of registration set out in subsection 22(1) of the Act) due to the issuing of a VET qualification or a VET statement of attainment to an individual who has not been assigned a student identifier under the Student Identifiers Act 2014;

4  Paragraph 7(da)

After “subsection 22(3)”, insert “of the Act”.

5  Before subregulation 15A(2)

Insert:

VET accredited courses

6  Subregulations 15A(2), (3) and (4)

Omit “entered in”, substitute “entered on”.

7  At the end of regulation 15A

Add:

NVR registered training organisations

             (5)  The National VET Regulator must ensure that the following details for each NVR registered training organisation are entered on the National Register:

                     (a)  the organisation’s ABN (Australian Business Number), within the meaning of the A New Tax System (Australian Business Number) Act 1999;

                     (b)  the address of the organisation’s website (if any);

                     (c)  the contact details of the chief executive officer (however described) of the organisation;

                     (d)  the contact details of the organisation for the purpose of:

                              (i)  contacting the organisation in relation to its registration as an NVR registered training organisation; and

                             (ii)  public enquiries.

Regulatory decisions

             (6)  If information included on the National Register under any of the following provisions of the Act (as in force at any time before or after the commencement of this subregulation) is removed from the National Register, the National VET Regulator must ensure the information is entered on the National Register:

                     (a)  subparagraph 216(1)(a)(v) (imposition of condition on NVR registered training organisation’s registration);

                     (b)  paragraph 216(1)(b) (suspension of NVR registered training organisation’s scope of registration);

                     (c)  paragraph 216(1)(c) (cancellation of NVR registered training organisation’s registration);

                     (d)  paragraph 216(1)(ca) (imposition of sanction on NVR registered training organisation).

8  At the end of Part 5

Add:

18  Application provisions for the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020

                   Subregulation 15A(6) of these Regulations, as inserted by Part 2 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to information removed from the National Register:

                     (a)  in any case—on or after the commencement of that Part; or

                     (b)  in the case of information to which paragraph 15A(6)(a) or (b) applies—before that commencement.

Part 3Amendments commencing 1 March 2021

National Vocational Education and Training Regulator Regulations 2011

9  Regulation 3

Insert:

stay decision has the meaning given by subregulation 15A(12).

training product has the meaning given by subregulation 15A(9).

10  At the end of regulation 15A

Add:

Transition of training products

             (7)  The National VET Regulator must ensure the details mentioned in subregulation (8) are entered on the National Register if:

                     (a)  the Standards for NVR Registered Training Organisations require an NVR registered training organisation to take particular action within a particular period after a training product stops being current, unless otherwise approved by the National VET Regulator; and

                     (b)  the National VET Regulator approves the taking of the action within a different period.

             (8)  The details are as follows:

                     (a)  if the training product is replaced by another training product—the replacement training product;

                     (b)  the start and end date of the period approved by the National VET Regulator;

                     (c)  the National VET Regulator’s reasons for giving the approval.

             (9)  Training product has the same meaning in these Regulations as the expression has in the Standards for NVR Registered Training Organisations as in force at the start of 1 March 2021.

Reconsideration or review of reviewable decisions

           (10)  The National VET Regulator must ensure the details mentioned in subregulation (11) are entered on the National Register if an application is made under the Act for reconsideration or review of, or under the Administrative Decisions (Judicial Review) Act 1977 for an order of review in respect of, any of the following reviewable decisions:

                     (a)  a decision covered by any of items 4 or 5, or 9 to 13, of the table in section 199 of the Act;

                     (b)  a decision to reject an application for renewal of registration as an NVR registered training organisation (see item 2 of that table).

           (11)  The details are as follows:

                     (a)  a statement that the application has been made, including the kind of application;

                     (b)  if an event mentioned in an item of the following table occurs:

                              (i)  a statement that the event has occurred; and

                             (ii)  the day on which the event occurred; and

                            (iii)  the details mentioned in that item.

 

Reconsideration or review of reviewable decisions

Item

Event

Details

1

The reviewable decision is affirmed or varied as a result of the application.

The following:

(a) a statement about the effect of the reviewable decision as affirmed or varied;

(b) the day on which the affirmation or variation of the reviewable decision takes effect.

2

The reviewable decision is revoked, quashed or set aside, in whole or in part, as a result of the application.

The following:

(a) a statement about the effect of a decision or order to revoke, quash or set aside the reviewable decision;

(b) the day on which the revocation, quashing or setting aside of the reviewable decision takes effect.

3

An order not covered by item 2 is made under subsection 16(1) of the Administrative Decisions (Judicial Review) Act 1977.

A statement about the effect of the order.

4

A stay decision is made in relation to the reviewable decision.

A statement about the effect of the stay decision.

5

A stay decision made in relation to the reviewable decision is varied.

A statement about the effect of the stay decision as varied.

6

A stay decision made in relation to the reviewable decision ceases to have effect (whether because of revocation or otherwise).

The circumstances that resulted in the stay decision ceasing to have effect.

7

An appeal under subsection 44(1) of the Administrative Appeals Tribunal Act 1975 is instituted.

The following:

(a) a statement about the effect of any orders made in determining the appeal;

(b) the day on which an order covered by paragraph (a) takes effect.

 

           (12)  A stay decision is:

                     (a)  a determination under subsection 200(6) of the Act; or

                     (b)  an order under subsection 41(2) of the Administrative Appeals Tribunal Act 1975; or

                     (c)  an order made by a court;

that has the effect of staying or otherwise affecting the operation or implementation of a reviewable decision.

11  Regulation 18

Before “Subregulation”, insert “(1)”.

12  At the end of regulation 18

Add:

             (2)  Subregulation 15A(7) of these Regulations, as inserted by Part 3 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to an approval by the National VET Regulator for the taking of an action within a different period if the approval is given:

                     (a)  on or after the commencement of that Part; or

                     (b)  before that commencement, if the period has not ended as at that commencement.

             (3)  Subregulation 15A(10) of these Regulations, as inserted by Part 3 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020, applies in relation to an application made:

                     (a)  on or after the commencement of that Part; or

                     (b)  before that commencement, if the application has not been finally determined before that commencement.

             (4)  For the purposes of paragraph (3)(b), an application is finally determined when:

                     (a)  the application is withdrawn or dismissed; or

                     (b)  the application is decided (including as a result of subsection 202(2) of the Act).