Federal Register of Legislation - Australian Government

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This instrument specifies courses that are exempt from registration under the Education Services for Overseas Students Act 2000.
Administered by: Education, Skills and Employment
Registered 28 Jun 2021
Tabling HistoryDate
Tabled HR03-Aug-2021
Tabled Senate03-Aug-2021
Table of contents.

Commonwealth Coat of Arms of Australia

 

Education Services for Overseas Students (Exempt Courses) Instrument 2021

I, Alan Tudge, Minister for Education and Youth, make the following instrument.

Dated   25 June 2021                          

Alan Tudge

Minister for Education and Youth

 

 

 


Contents

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

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

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

4  Definitions................................................................................................................................ 1

5  Exempt courses........................................................................................................................ 2

Schedule 1 — VET courses                                                                                          3

Schedule 2 — Higher education                                                                                   4

 

 


1  Name

                   This instrument is the Education Services for Overseas Students (Exempt Courses) Instrument 2021.

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.  The whole of the instrument

On the day after the instrument is registered.

 

Note:          This table relates only to the provisions of this instrument as originally made.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 section 5AA of the Education Services for Overseas Students Act 2000.

4  Definitions

Note:          A number of expressions used in this instrument are defined in section 5 of the Act, including the following:

(a)    ELICOS;

(b)    registered higher education provider.

                   In this instrument:

Act means the Education Services for Overseas Students Act 2000.

Australian Qualifications Framework means the framework of that name as defined in Schedule 1 of the Higher Education Support Act 2003 and as in force on the day this instrument is made. 

Note:          The Australian Qualifications Framework is available online at https://www.aqf.edu.au/ and is defined in the Higher Education Support Act 2003 as the framework for recognition and endorsement of qualifications:

(a)      that is established by the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education; and

(b)    that is to give effect to agreed standards in relation to the provision of education in Australia.

 

Professional outcomes and placement course means a course for which the requirements include practical work placements and professional skills study aimed at enabling work in a certain occupation or profession.

Study abroad or student exchange means a course provided under an arrangement where a student of an overseas institution undertakes study at an Australian higher education provider, where the study at the Australian higher education provider contributes to the requirements of a course of study being undertaken by the student with the overseas institution.

Tertiary coursework and research preparatory course means a short course which a student must pass as a condition of admission to a main course of study.

VET course has the same meaning as in the National Vocational Education and Training Regulator Act 2011.

5  Exempt courses

                   For the purposes of subsection 5AA(3) of the Act, the following courses of education or training are determined to not be a course for the purposes of the definition of course under subsection 5AA(1) of the Act:

                     (a) VET courses where the requirements of the course only consist of one or a combination of any of the units of competency specified in Part 1 of Schedule 1 to this instrument and where the course does not lead to a qualification recognised under the Australian Qualifications Framework;

                     (b)  VET courses specified in Part 2 of Schedule 1 to this instrument; or

                     (c)  courses offered by a registered higher education provider specified in Schedule 2 to this instrument.

 

Note:          To avoid doubt, for the purposes of paragraph 5(a), where the requirements of the course consist of a combination of more than one unit of competency specified in Part 1 of Schedule 1, no other units of competency that are not specified in Part 1 of Schedule 1 can form part of the requirements for the course.


 

 

 

Schedule 1 — VET courses

Part 1 – Units of competency

                   The following units of competency, and any unit identified in the National Register referred to in section 216 of the National Vocational and Training Regulator Act 2011 as a later version of, or a superseding unit of the following units, are specified:

 

Item

Unit code

Unit of competency

1          

AHCCHM304

Transport and store chemicals

2          

AHCCHM307

Prepare and apply chemicals to control pest, weeds and diseases

3          

HLTAID009

Provide cardiopulmonary resuscitation

4          

HLTAID010

Provide basic emergency life support

5          

HLTAID011

Provide First Aid

6          

HLTAID012

Provide First Aid in an education and care setting

7          

HLTAID013

Provide First Aid in remote or isolated site

8          

HLTAID014

Provide Advanced First Aid

9          

HLTAID015

Provide advanced resuscitation and oxygen therapy

10      

HLTAID016

Manage first aid services and resources

11      

HLTINFCOV001

Comply with infection prevention and control policies and procedures

12      

HLTINF001

Comply with infection prevention and control policies and procedures

13      

BSBWHS332X

Apply infection prevention and control procedures to own work activities

14      

SITHFAB002

Provide responsible service of alcohol

15      

HLTWHS005

Conduct manual tasks safely

16      

SITHGAM001

Provide responsible gambling services

17      

SITXFSA001

Use hygienic practices for food safety

18      

SITXFSA002

Participate in safe food handling practices

19      

CPCCWHS1001

Prepare to work safely in the construction industry

20      

SITHFAB005

Prepare and serve espresso coffee

21      

TLILIC0003

Licence to operate a forklift truck

 


 

Part 2 – VET courses

                   The following VET courses, and any courses identified in the National Register referred to in section 216 of the National Vocational and Training Regulator Act 2011 as a later version of, or a superseding course of the following courses, are specified:

 

Item

Course code

Course

1          

22556VIC

Course in the Management of Asthma Risks and Emergencies in the Workplace

2          

22578VIC

Course in First Aid Management of Anaphylaxis

 

 

Schedule 2 — Higher education

             (1)  Subject to subsection (2), the following courses are specified:

                     (a)  courses offered by a registered higher education provider which:

                              (i) do not lead to a qualification recognised under the Australian Qualifications Framework, and

                             (ii) the provider does not recognise as eligible for granting credit (whether as prior learning or otherwise) towards another course that leads to a qualification recognised under the Australian Qualifications Framework; and

                            (iii) are not eligible for credit (whether as prior learning or otherwise) towards a course offered by another registered higher education provider (the second course), where the second course leads to a qualification recognised under the Australian Qualifications Framework, and there is an agreement between the provider of the course and the provider of the second course to grant credit for the course.

 

             (2)  Subsection (1) does not apply if the course is provided as one of the following:

                     (a)  an ELICOS;

                     (b)  a Foundation Program;

                     (c)  study abroad or student exchange;

                     (d)  a tertiary coursework and research preparatory course; or

                     (e)  a professional outcomes and placement course.