Commonwealth Consolidated Acts

NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 - SECT 9

Organisation immune from certain State and Territory laws

  (1)   An NVR registered training organisation operating in a State or Territory is not subject to a law of the State or Territory relating to:

  (a)   the registration and regulation of vocational education and training organisations; or

  (b)   the accreditation or other recognition of vocational education and training courses or programs; or

  (c)   the issue and cancellation of vocational education and training qualifications or statements of attainment; or

  (d)   the collection, publication, provision and sharing of information about vocational education and training; or

  (e)   investigative powers, sanctions and enforcement in relation to any of the above.

This subsection has effect subject to subsections   (2) and (3).

Extent organisation remains subject to those laws

  (2)   The organisation is subject to that law of the State or Territory to the extent to which that law relates to:

  (a)   primary or secondary education (including the education of children subject to compulsory school education); or

  (b)   tertiary education that is recognised as higher education and not vocational education and training; or

  (c)   the rights and obligations of persons providing or undertaking apprenticeships or traineeships; or

  (d)   the qualifications or other requirements to undertake or carry out any business, occupation or other work (other than that of a vocational education and training organisation); or

  (e)   the funding by the State or Territory of vocational education and training; or

  (f)   the establishment or management of any agency of the State or Territory that provides vocational education and training.

Some laws outside scope of immunity

  (3)   The organisation is subject to that law of the State or Territory if:

  (a)   that law applies whether or not a person is a training organisation; or

  (b)   that law is specified in regulations:

  (i)   made for the purposes of this paragraph; and

  (ii)   as agreed by the Ministerial Council.

Note:   For how the Ministerial Council gives agreement, see section   191.