NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011

Commonwealth Consolidated Acts

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NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011

TABLE OF PROVISIONS

Long Title

PART 1--INTRODUCTION

Division 1--Preliminary

1. Short title
2. Commencement
2A. Objects

Division 2--Definitions

3. Definitions
3A. Vacancy in the office of an Advisory Council member

Division 3--Constitutional basis for this Act and the Transitional Act

4. Constitutional basis for this Act and the Transitional Act
5. Meaning of referring State
6. Meaning of referred VET matters
7. Meaning of non - referring State
8. When application of this Act takes effect
9. Immunity from State and Territory laws
10. When this Act does not apply--exclusion by a law of a referring State or a Territory
11. Addressing inconsistency between Commonwealth and State and Territory laws

Division 4--General application of this Act and the Transitional Act

12. Acts bind the Crown
13. Acts not to apply so as to exceed Commonwealth power
14. Extension of Acts to external Territories
15. Extra - territorial application

PART 2--REGISTRATION

Division 1--Registering as an NVR registered training organisation

Subdivision A--Applying for registration

16. Application for registration
17. Registration
17A. Requirements for audits conducted in relation to applications for registration
17B. Order of consideration of initial applications for registration
18. National VET Regulator to notify applicant of decision on registration
19. National VET Regulator to issue certificate of registration
20. Commencement and duration of registration

Subdivision B--Conditions of registration

21. Complying with conditions
22. Condition--compliance with the VET Quality Framework
22A. Condition--commitment and capability to deliver quality vocational education and training
23. Condition--satisfying Fit and Proper Person Requirements
24. Condition--satisfying the Financial Viability Risk Assessment Requirements
24A. Condition--complying with student assistance laws
25. Condition--notifying National VET Regulator of material changes
26. Condition--other information etc. must be provided
26A. Copies of documents
26B. National VET Regulator may retain documents
27. Condition--cooperation
28. Condition--compliance with directions given by the National VET Regulator
29. Other conditions
30. National VET Regulator to notify NVR registered training organisation of change in conditions of registration

Subdivision C--Renewing registration

31. Renewal of registration

Division 2--Changing the scope of registration

32. Application for change of scope of registration
33. Change of scope of registration
34. National VET Regulator to notify applicant of decision on change of scope of registration

Division 3--Ensuring compliance with the VET Quality Framework

Subdivision A--Audits

35. Audits

Subdivision AA--Directions to rectify breaches of conditions

35A. Directions to rectify breaches of conditions

Subdivision B--Administrative sanctions

36. Sanctions
37. Natural justice requirements
38. Suspension
39. Cancellation
40. Other enforcement action

Subdivision C--Lapse of registration

40A. Lapse
40B. Extension of measurement period

Division 4--Requests for reassessment

41. Requests for reassessment

Division 5--Withdrawing registration

42. Withdrawing registration

PART 3--ACCREDITATION--OF COURSES

Division 1--Applying for accreditation

43. Application for accreditation
44. Accreditation of course
45. National VET Regulator to notify applicant of decision on accreditation of course
46. Commencement and duration of accreditation

Division 2--Conditions of accreditation

47. Complying with conditions
47A. Condition--compliance with Standards for VET Accredited Courses
47B. Condition--compliance with Australian Qualifications Framework
47C. Condition--compliance with directions given by the National VET Regulator
48. Conditions
49. National VET Regulator to notify relevant person of change in conditions of accreditation

Division 3--Renewing accreditation

50. Renewal of accreditation

Division 4--Amending VET accredited courses

51. Amending VET accredited courses

Division 5--Cancelling accreditation

52. Cancelling accreditation
53. National VET Regulator to notify relevant persons of proposed cancellation
54. When cancellation takes effect

PART 4--NATIONAL--VET REGULATOR'S POWER TO ISSUE AND CANCEL VET QUALIFICATIONS ETC.

Division 1--Issue of VET qualifications and VET statements of attainment

55. National VET Regulator may issue VET qualifications and VET statements of attainment

Division 2--Cancellation of VET qualifications and VET statements of attainment

Subdivision A--Cancellation

56. National VET Regulator may cancel VET qualifications and VET statements of attainment
57. National VET Regulator to notify person concerned of proposed cancellation
58. National VET Regulator's consideration of response
59. When cancellation takes effect

Subdivision B--Civil penalties

60. Civil penalty--failure to return VET qualification or VET statement of attainment
61. Civil penalty--use of cancelled VET qualification or VET statement of attainment
61A. Civil penalty--failure to comply with direction under subsection 56(2)

PART 5--INVESTIGATIVE--POWERS

Division 1--Requiring people to give information and produce documents or things

Subdivision A--Requests by National VET Regulator

62. Requests for information, documents or things
63. National VET Regulator may retain documents and things

Subdivision B--Offence and related provisions

64. Failure to comply with National VET Regulator's request
65. Self - incrimination etc.

Division 2--Searches of premises

Subdivision A--Exercising monitoring or enforcement powers

66. Authorised officer may enter premises by consent or under a warrant
67. Monitoring powers of authorised officers
68. Enforcement powers of authorised officers
69. Persons assisting authorised officers
70. Use of force in executing a warrant
71. Authorised officer may ask questions and seek production of documents

Subdivision B--Obligations and incidental powers of authorised officers

72. Consent
73. Announcement before entry under warrant
74. Authorised officer to be in possession of warrant
75. Details of warrant etc. to be given to occupier
76. Expert assistance to operate electronic equipment
77. Compensation for damage to electronic equipment

Subdivision C--Occupier's rights and responsibilities

78. Occupier entitled to observe execution of warrant
79. Occupier to provide authorised officer with facilities and assistance

Subdivision D--General provisions relating to seizure

80. Copies of seized things to be provided
81. Receipts for things seized
82. Return of seized things
83. Issuing officer may permit a thing to be retained
84. Disposal of things

Subdivision E--Warrants

85. Monitoring warrants
86. Issue of enforcement warrants
87. Enforcement warrants by telephone, fax etc.
88. Offence relating to warrants by telephone, fax etc.

Subdivision F--Appointment of authorised officers and issue of identity cards

89. Appointment of authorised officers
90. Identity cards

Subdivision G--Powers of issuing officers

91. Judges of the Federal Circuit and Family Court of Australia (Division 2)--consent to nomination
92. Issuing officers--personal capacity

PART 6--ENFORCEMENT

Division 1--Offences and civil penalty provisions

Subdivision A--Conduct by NVR registered training organisations

93. Offence--providing all or part of VET course outside scope of registration
94. Civil penalty--providing all or part of VET course outside scope of registration
95. Offence--issuing VET qualification outside scope of registration
96. Civil penalty--issuing VET qualification outside scope of registration
97. Offence--issuing VET statement of attainment outside scope of registration
98. Civil penalty--issuing VET statement of attainment outside scope of registration
99. Offence--advertising all or part of VET course outside scope of registration
100. Civil penalty--advertising all or part of VET course outside scope of registration
100A. Offence--making false or misleading representation in advertisement
100B. Civil penalty--making false or misleading representation in advertisement
100C. Offence--making false or misleading representation relating to VET course, VET qualification or operations
100D. Civil penalty--making false or misleading representation relating to VET course, VET qualification or operations
101. Offence--certain conduct prohibited while scope of registration suspended
102. Civil penalty--certain conduct prohibited while scope of registration suspended
103. Offence--issuing VET qualification without providing adequate assessment
104. Civil penalty--issuing VET qualification without providing adequate assessment
105. Offence--issuing VET statement of attainment without providing adequate assessment
106. Civil penalty--issuing VET statement of attainment without providing adequate assessment
107. Offence--issuing VET qualification without ensuring student satisfied requirements
108. Civil penalty--issuing VET qualification without ensuring student satisfied requirements
109. Offence--issuing VET statement of attainment without ensuring student satisfied requirements
110. Civil penalty--issuing VET statement of attainment without ensuring student satisfied requirements
111. Civil penalty--breach of condition of registration
112. Civil penalty--failure to return certificate of registration
113. Geographical jurisdiction

Subdivision B--Conduct that is prohibited if not an NVR registered training organisation

114. Offence--falsely claiming to be an NVR registered training organisation
115. Civil penalty--falsely claiming to be an NVR registered training organisation
116. Offence--providing, or offering to provide, all or part of a VET course without registration
117. Civil penalty--providing, or offering to provide, all or part of a VET course without registration
118. Offence--issuing VET qualification
119. Civil penalty--issuing VET qualification
120. Offence--issuing VET statement of attainment
121. Civil penalty--issuing VET statement of attainment

Subdivision C--Other prohibited conduct

122. Offence--making false or misleading representation in advertisement
123. Civil penalty--making false or misleading representation in advertisement
123A. Offence--advertising or offering VET course without identifying issuer of VET qualification or statement of attainment
123B. Civil penalty--advertising or offering VET course without identifying issuer of VET qualification or statement of attainment
124. Offence--making false or misleading representation relating to VET course or VET qualification
125. Civil penalty--making false or misleading representation relating to VET course or VET qualification
126. Offence--purporting to issue VET qualification
127. Civil penalty--purporting to issue VET qualification
128. Offence--purporting to issue VET statement of attainment
129. Civil penalty--purporting to issue VET statement of attainment
130. Civil penalty--breach of condition of accreditation
131. Civil penalty--using a bogus VET qualification or VET statement of attainment
132. Geographical jurisdiction

Subdivision D--Executive officers

133. Personal liability of an executive officer of a registered training organisation--general
133A. Personal liability of an executive officer of a registered training organisation--offences covered
134. Reasonable steps to prevent offence or contravention

Subdivision E--Partnerships

135. Liability of partners in partnerships

Subdivision F--Unincorporated associations

136. Liability of members of unincorporated associations

Division 2--Civil penalty proceedings

Subdivision A--Obtaining an order for a civil penalty

137. Federal Court or Federal Circuit and Family Court of Australia (Division 2) may impose pecuniary penalty
138. Involvement in contravening civil penalty provision
139. Recovery of a pecuniary penalty
140. Gathering information for application for pecuniary penalty
141. Continuing and multiple contraventions of civil penalty provisions

Subdivision B--Civil penalty proceedings and criminal proceedings

142. Civil proceedings after criminal proceedings
143. Criminal proceedings during civil proceedings
144. Criminal proceedings after civil proceedings
145. Evidence given in proceedings for civil penalty not admissible in criminal proceedings

Division 3--Enforceable undertakings

146. Acceptance of undertakings
147. Enforcement of undertakings

Division 4--Infringement notices

148. Infringement notices in respect of offences
149. Infringement notices in respect of civil penalty provisions

Division 5--Injunctions

150. Injunctions
151. Interim injunctions
152. Discharge etc. of injunctions
153. Certain limits on granting injunctions not to apply
154. Other powers of the Federal Court or Federal Circuit and Family Court of Australia (Division 2) unaffected

PART 7--ADMINISTRATION

Division 1--National Vocational Education and Training Regulator

Subdivision A--Establishment, functions and powers of the National VET Regulator

155. Establishment
157. Functions of the National VET Regulator
157A. National VET Regulator to cooperate with assessments
158. Financial Viability Risk Assessment Requirements
159. Independence of the National VET Regulator
160. Minister may give directions to the National VET Regulator
161. National VET Regulator has privileges and immunities of the Crown

Subdivision B--Appointment and terms and conditions of the National VET Regulator

162. Appointment
163. Acting appointments
164. Remuneration
165. Leave of absence
166. Other paid work
167. Other terms and conditions
168. Resignation
169. Termination of appointment

Subdivision C--Staff and consultants

170. Staff required to assist the National VET Regulator
171. Staff to be made available to the National VET Regulator
172. Consultants

Subdivision D--Application of the finance law

173. Application of the finance law

Division 2--National Vocational Education and Training Regulator Advisory Council

Subdivision A--Establishment and function of the Advisory Council

174. Establishment
175. Function
176. Minister may give directions to the Advisory Council

Subdivision B--Appointment and terms and conditions of the Advisory Council

177. Membership
178. Appointment
179. Acting appointments
180. Remuneration
181. Leave of absence
182. Disclosure of interests to the Minister
183. Disclosure of interests to the Advisory Council
184. Other terms and conditions
184A. Resignation
184B. Termination of appointment

Subdivision C--Procedures of the Advisory Council

184C. Times and places of meetings
184D. Conduct of meetings
184E. Voting at meetings
184F. Minutes
184G. Decisions without meetings

PART 8--COMMONWEALTH---STATE ARRANGEMENTS

Division 1--Role of Ministerial Council

Subdivision A--NVR registered training organisations

185. Standards for NVR Registered Training Organisations
186. Fit and Proper Person Requirements
187. Data Provision Requirements

Subdivision B--VET accredited courses

188. Standards for VET Accredited Courses

Subdivision C--VET Regulators

189. Standards for VET Regulators
190. Risk Assessment Framework

Subdivision D--Miscellaneous

191. How the Ministerial Council gives agreement
191A. Adopting matters contained in other instruments as in force from time to time

Division 2--Conferral of functions and powers by State law

Subdivision A--Conferral of functions and powers

192. Commonwealth consent to conferral of functions etc. on the National VET Regulator by corresponding State laws
193. Meaning of imposes a duty
194. When duty imposed
195. Duty imposed by corresponding State law applying Commonwealth law

Subdivision B--Jurisdiction of federal courts

196. Conferral of jurisdiction on federal courts

Subdivision C--Administrative decisions

197. Review of certain decisions under State laws

Subdivision D--Application to the Australian Capital Territory and the Northern Territory

198. Application to the Australian Capital Territory and the Northern Territory

PART 9--ADMINISTRATIVE--LAW MATTERS

Division 1--Review of decisions

199. Reviewable decisions
200. Applications for reconsideration of decisions
201. Reconsideration by the National VET Regulator
202. Deadline for reconsideration
203. Review by the Administrative Review Tribunal

Division 2--Information management

Subdivision A--Unauthorised disclosure

204. Unauthorised disclosure of VET information

Subdivision B--Information sharing

205. Disclosure of information by National VET Regulator
205A. Disclosing information to certain government bodies etc.
206. Advising State/Territory Education Ministers about concerns or proposed cancellation or lapsing of registration
207. Disclosure of information to occupational licensing bodies etc.
208. Disclosure of information in accordance with international cooperative arrangements
209. Release of information to the public by the National VET Regulator
209A. Release of information to the public by the Department
210. Disclosure of information to the National VET Regulator
210A. Disclosure of information by the National Centre for Vocational Education Research etc.
210B. Disclosure and release of information by the Department etc.
210C. This Subdivision does not limit disclosure of information

Subdivision C--VET student records

211. VET student records to be provided to National VET Regulator--executive officers etc.
212. National VET Regulator may request VET student records to be provided to Regulator
213. Transfer of VET student records to another registered training organisation
214. National VET Regulator's management of VET student records

Subdivision D--Information safeguard rules

214A. Information safeguard rules

Subdivision E--VET data systems

214B. Collection, use or disclosure of information

PART 10--REPORTING--REQUIREMENTS

215. Annual report
216. National Register

PART 11--CORPORATE--PLANS

218. Approval of corporate plan
219. Variation of corporate plan
219A. Application of the Public Governance, Performance and Accountability Act 2013
222. Compliance with plans

PART 12--MISCELLANEOUS

Division 1--Delegations

223. Delegation by the Minister
224. Delegation by the National VET Regulator--government authorities etc.
225. Delegation by the National VET Regulator--occupational licensing bodies and other industry bodies
226. Delegation by the National VET Regulator--NVR registered training organisations
226A. Delegation by the Secretary

Division 2--Provisions affecting partnerships

227. Partnerships--rights and obligations
228. Continuity of partnerships
229. Partnership ceases to exist

Division 3--Provisions affecting unincorporated associations

230. Unincorporated associations--rights and obligations
231. Unincorporated association ceases to exist

Division 3A--Quality standards

231A. Quality Standards

Division 3B--Audit report rules

231B. Audit report rules

Division 3C--Suspension of initial applications for registration

231C. Minister may suspend processing of initial applications for registration
231D. Minister may suspend making of initial applications for registration
231E. Minister to consult the National VET Regulator
231F. Agreement of Ministerial Council
231G. Notice of determination must be published on National VET Regulator's website

Division 4--Miscellaneous

232. Fees
232A. National VET Regulator annual registration charge
232B. Recovery of charges
233. Protection from civil actions
233A. Failure to publish or broadcast advertisement or make offer or representation not actionable if Act would be contravened
234. Compensation for acquisition of property
235. Regulations

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