National Vocational Education and Training Regulator Regulations 2011

Part 1—Preliminary

1 Name of Regulations

These Regulations are the National Vocational Education and Training Regulator Regulations 2011.

3 Definitions

Note: A number of expressions used in these Regulations are defined in the Act, including the following:

(b) member of the staff of the Regulator;

(d) National VET Regulator;

(e) NVR registered training organisation.

In these Regulations:

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

infringement officer has the meaning given by regulation 8.

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

subject to an infringement notice, in relation to a provision, has the meaning given by regulation 7.

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

Part 1A—Laws outside scope of immunity from State and Territory laws

3A Laws outside scope of immunity—specified laws

For the purposes of paragraph 9(3)(b) of the Act, Division 2 of Part 5.4 of the Education and Training Reform Act 2006 (Vic.) is specified.

Part 2—Registering as an NVR registered training organisation

4 Certificate of registration—prescribed matters

For subsection 19(2) of the Act, the following matters are prescribed:

(a) the name of the issuing body;

(b) the name of the NVR registered training organisation;

(d) the day the certificate is issued;

(e) the period for which the NVR registered training organisation is registered, including the days on which the period begins and ends;

(f) the registration identifier given to the NVR registered training organisation on the National Register;

(g) the provision in the Act that the certificate is issued under;

(h) if the certificate is issued by a delegate of the National VET Regulator—the name of the delegate.

Part 3—Enforcement

Division 1—Civil penalties in relation to conditions of registration

5 Conditions of registration

(1) For the purposes of paragraph 111(1)(a) of the Act, the condition of an NVR registered training organisation’s registration mentioned in subsection 22(1) of the Act (complying with the Standards for NVR Registered Training Organisations) is prescribed.

(2) For the purposes of paragraph 111(2)(a) of the Act, a condition of an NVR registered training organisation’s registration mentioned in any of the following provisions of the Act is prescribed:

(a) subsection 22(3) (complying with the Data Provision Requirements);

(b) section 24 (satisfying the Financial Viability Risk Assessment Requirements);

Division 2—Infringement notices

6 Preliminary

This Division is made for section 149 of the Act.

7 Provisions subject to infringement notices

Each of the following provisions of the Act are subject to an infringement notice under this Division:

(aa) section 61A;

(a) section 94;

(b) section 96;

(d) section 100;

(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;

(da) subsection 111(2), but only to the extent that a contravention of that subsection relates to the condition of registration set out in subsection 22(3) of the Act (complying with the Data Provision Requirements);

(e) section 112;

(f) section 115;

(g) section 117;

(h) section 119;

(i) section 121;

(j) section 123;

(ja) section 123B;

(k) section 125;

(l) section 127;

(m) section 129.

8 Meaning of infringement officer

(1) Each of the following persons is an infringement officer for the purposes of this Division:

(a) the National VET Regulator;

(b) a member of the staff of the Regulator who is an SES employee or acting SES employee;

(d) a member of the staff of the Regulator who occupies an office or holds a position equivalent to that of an SES employee or an Executive Level 2 position.

(2) A person who is an infringement officer for the purpose of exercising powers mentioned in subregulation (1) is also an infringement officer for the purposes of:

(a) exercising other powers under this Division; or

(b) performing functions or duties under this Division;

that are incidental to the powers mentioned in subregulation (1).

9 When an infringement notice may be given

(1) If an infringement officer reasonably believes that a person has contravened a provision subject to an infringement notice under this Division, the infringement officer may give to the person an infringement notice for the alleged contravention.

(2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.

(3) A single infringement notice must relate only to a single contravention of a single provision unless subregulation (4) applies.

(4) An infringement officer may give a person a single infringement notice relating to multiple contraventions of a single provision if:

(a) the provision requires the person to do a thing within a particular period or before a particular time; and

(b) the person fails or refuses to do that thing within that period or before that time; and

(d) each contravention is constituted by the failure or refusal on one of those days.

Note: For continuing and multiple contraventions of civil penalty provisions, see section 141 of the Act.

10 Matters to be included in an infringement notice

(1) An infringement notice must:

(a) be identified by a unique number; and

(b) state the day on which it is given; and

(d) state the name and contact details of the person who gave the notice, and that the person is an infringement officer for the purposes of issuing the infringement notice; and

(e) give brief details of the alleged contravention, including:

(i) the provision that was allegedly contravened; and

(ii) the maximum penalty that a court could impose if the provision were contravened; and

(iii) the time (if known) and day of, and the place of, the alleged contravention; and

(f) state the amount that is payable under the notice; and

(g) give an explanation of how payment of the amount is to be made; and

(h) state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) proceedings seeking a civil penalty order will not be brought in relation to the alleged contravention; and

(i) state that payment of the amount is not an admission of guilt or liability; and

(j) state that the person may apply to the National VET Regulator to have the period in which to pay the amount extended; and

(k) state that the person may choose not to pay the amount and, if the person does so, proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and

(l) set out how the notice can be withdrawn; and

(m) state that if the notice is withdrawn proceedings seeking a civil penalty order may be brought in relation to the alleged contravention; and

(n) state that the person may make written representations to the National VET Regulator seeking the withdrawal of the notice.

Note: An amount payable under an infringement notice in relation to an alleged contravention of a civil penalty provision must not exceed one‑tenth of the maximum penalty prescribed for the contravention: see subsection 149(2) of the Act.

(2) The notice may include any other matters the infringement officer considers necessary.

11 Extension of time to pay amount

(1) A person to whom an infringement notice has been given may apply to the National VET Regulator for an extension of the period referred to in paragraph 10(h).

(2) If the application is made before the end of that period, the National VET Regulator may, in writing, extend that period. The National VET Regulator may do so before or after the end of that period.

(3) If the National VET Regulator extends that period, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to that period so extended.

(4) If the National VET Regulator does not extend that period, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to the period that ends on the later of the following days:

(a) the day that is the last day of the period referred to in paragraph 10(h);

(b) the day that is 7 days after the day the person was given notice of the National VET Regulator’s decision not to extend.

(5) The National VET Regulator may extend the period more than once under subregulation (2).

12 Withdrawal of an infringement notice

Representations seeking withdrawal of notice

(1) A person to whom an infringement notice has been given may make written representations to the National VET Regulator seeking the withdrawal of the notice.

Withdrawal of notice

(2) The National VET Regulator may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).

(3) When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the National VET Regulator:

(a) must take into account any written representations seeking the withdrawal that were given by the person to the National VET Regulator; and

(b) may take into account the following:

(i) whether a court has previously imposed a penalty on the person for a contravention of a provision subject to an infringement notice under this Division that is included in the same Act or legislative instrument as the provision in relation to which the infringement notice is given;

(ii) the circumstances of the alleged contravention;

(iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision subject to an infringement notice under this Division if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;

(iv) any other matter the National VET Regulator considers relevant.

Notice of withdrawal

(4) If the National VET Regulator withdraws an infringement notice given to a person, the National VET Regulator must give notice to the person of the withdrawal. The withdrawal notice must state:

(a) the person’s name and address; and

(b) the day the infringement notice was given; and

(d) that the infringement notice is withdrawn; and

(e) that proceedings seeking a civil penalty order may be brought in relation to the alleged contravention.

(5) The notice may include any other matters the National VET Regulator considers necessary.

Refund of amount if infringement notice withdrawn

(6) If:

(a) the National VET Regulator withdraws the infringement notice; and

(b) the person has already paid the amount stated in the notice;

the Commonwealth must refund to the person an amount equal to the amount paid.

Notice of refusal to withdraw an infringement notice

(7) If the National VET Regulator refuses to withdraw an infringement notice given to a person, the National VET Regulator must give notice of the decision to refuse to the person. The refusal notice must state:

(a) the person’s name and address; and

(b) the day the infringement notice was given; and

(d) that the infringement notice is not withdrawn; and

(e) that the period referred to in paragraph 10(h) is extended to the period ending 28 days after the day the notice of the refusal is given.

Period for payment extended

(8) If the National VET Regulator refuses to withdraw an infringement notice, a reference in this Division, or in a notice or other instrument under this Division, to the period referred to in paragraph 10(h) is taken to be a reference to the period ending 28 days after the day the notice of the refusal is given.

13 Effect of payment of amount

(1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in paragraph 10(h):

(a) any liability of the person for the alleged contravention is discharged; and

(b) proceedings seeking a civil penalty order may not be brought in relation to the alleged contravention; and

(2) Subregulation (1) does not apply if the notice has been withdrawn.

14 Effect of this Division

This Division does not:

(a) require an infringement notice to be given to a person for an alleged contravention of a provision subject to an infringement notice under this Division; or

(b) affect the liability of a person for an alleged contravention of a provision subject to an infringement notice under this Division if:

(i) the person does not comply with an infringement notice given to the person for the contravention; or

(ii) an infringement notice is not given to the person for the contravention; or

(iii) an infringement notice is given to the person for the contravention and is subsequently withdrawn; or

(c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of a provision subject to an infringement notice under this Division; or

(d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened a provision subject to an infringement notice under this Division.

Part 4A—National Register

15A National Register

(1) This regulation is made for the purposes of subsection 216(3) of the Act.

VET accredited courses

(2) The National VET Regulator must ensure for each VET accredited course and each former VET accredited course that the title and code of each unit of competency or module of the course are entered on the National Register.

(3) The National VET Regulator must ensure that the following details for each VET accredited course are entered on the National Register:

(a) a description of the course;

(b) the outcomes of the course.

(4) If:

(a) there is an earlier or later version of a course (the relevant VET course) that is a VET accredited course or a former VET accredited course; and

(b) the earlier or later version is a VET accredited course on or after 1 September 2018;

the National VET Regulator must ensure that a reference to that version is entered on the National Register for the relevant VET course.

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);

(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);

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

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;

(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 172(1) of the Administrative Review Tribunal Act 2024 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 32(2) of the Administrative Review Tribunal Act 2024; or

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

Part 5—Application and transitional provisions

16 Application provisions for the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015

(1) Division 1 of Part 3 of these Regulations as inserted by item 4 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to acts and omissions that occur after the commencement of this subregulation.

(2) Division 2 of Part 3 of these Regulations as inserted by item 4 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to contraventions of civil penalty provisions that occur after the commencement of this subregulation.

(3) The amendment of these Regulations made by item 1 of Schedule 2 to the National Vocational Education and Training Regulator Amendment (Enforcement) Regulation 2015 applies in relation to contraventions of civil penalty provisions that occur after the commencement of this subregulation.

17 Application provisions for the National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018

(1) The amendments made by items 1 and 4 of Part 1 of Schedule 1 to the National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018 (the amending regulations) apply in relation to acts or omissions that occur on or after the commencement of this regulation.

(2) Subregulation 15A(2) of these Regulations, as inserted by item 5 of Part 1 of Schedule 1 to the amending regulations, applies in relation to:

(a) a VET accredited course whether the course was accredited before, on or after the commencement of this regulation; and

(b) a former VET accredited course if one or more students were enrolled in all or part of the course on or after 1 January 2015.

(3) Subregulation 15A(3) of these Regulations, as inserted by item 5 of Part 1 of Schedule 1 to the amending regulations, applies in relation to a VET accredited course accredited on or after the commencement of this regulation.

(4) Subregulation 15A(4) of these Regulations, as inserted by item 7 of Part 2 of Schedule 1 to the amending regulations, applies in relation to:

(a) a VET accredited course whether the course was accredited before, on or after 1 September 2018; and

(b) a former VET accredited course if it becomes a former VET accredited course on or after 1 September 2018.

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

(1) 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.

(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).

19 Application provision for the National Vocational Education and Training Regulator Amendment Regulations 2022

Regulation 3A of these Regulations, as inserted by Schedule 1 to the National Vocational Education and Training Regulator Amendment Regulations 2022, applies, in relation to an organisation, on or after the commencement of this regulation.

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

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Number and year	FRLI registration	Commencement	Application, saving and transitional provisions
92, 2011	21 June 2011 (F2011L01104)	1 July 2011 (r 2)
28, 2015	30 Mar 2015 (F2015L00379)	Sch 1: 2 Apr 2015 (s 2 item 2) Sch 2: 3 Apr 2015 (s 2 item 3)	—

Name	Registration	Commencement	Application, saving and transitional provisions
National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018	17 July 2018 (F2018L01034)	Sch 1 (items 7, 8): 1 Sept 2018 (s 2(1) item 3) Remainder: 18 July 2018 (s 2(1) items 1, 2)	—
National Vocational Education and Training Regulator Amendment (2020 Measures No. 1) Regulations 2020	7 Aug 2020 (F2020L01001)	Sch 1 (items 2–8): 1 Sept 2020 (s 2(1) item 3) Sch 1 (items 9–12): 1 Mar 2021 (s 2(1) item 4) Remainder: 8 Aug 2020 (s 2(1) items 1, 2)	—
National Vocational Education and Training Regulator Amendment (Governance and Other Matters) Regulations 2020	27 Nov 2020 (F2020L01505)	1 Jan 2021 (s 2(1) item 1)	—
National Vocational Education and Training Regulator Amendment Regulations 2022	12 Apr 2022 (F2022L00596)	13 Apr 2022 (s 2(1) item 1)	—
Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024	11 Oct 2024 (F2024L01299)	Sch 5 (items 2, 3): 14 Oct 2024 (s 2(1) item 1)	—

Endnote 4—Amendment history

Provision affected	How affected
Part 1
Part 1 heading.............	ad No 28, 2015
r 2.....................	rep LA s 48D
r 3.....................	rs No 28, 2015
	am F2020L01001; F2020L01505
Part 1A
Part 1A..................	ad F2022L00596
r 3A....................	ad F2022L00596
Part 2
Part 2 heading.............	ad No 28, 2015
Part 3
Part 3...................	ad No 28, 2015
Division 1
r 5.....................	rs No 28, 2015
	am F2018L01034
Division 2
r 6.....................	ad No 28, 2015
r 7.....................	ad No 28, 2015
	am No 28, 2015; F2018L01034; F2020L01001
r 8.....................	ad No 28, 2015
	am F2020L01505
r 9.....................	ad No 28, 2015
r 10....................	ad No 28, 2015
r 11....................	ad No 28, 2015
r 12....................	ad No 28, 2015
r 13....................	ad No 28, 2015
r 14....................	ad No 28, 2015
Part 4...................	ad No 28, 2015
	rep F2020L01001
r 15....................	ad No 28, 2015
	rep F2020L01001
Part 4A
Part 4A..................	ad F2018L01034
r 15A...................	ad F2018L01034
	am F2018L01034; F2020L01001; F2024L01299
Part 5
Part 5...................	ad No 28, 2015
r 16....................	ad No 28, 2015
	am No 28, 2015
r 17....................	ad F2018L01034
	am F2018L01034
r 18....................	ad F2020L01001
	am F2020L01001
r 19....................	ad F2022L00596