Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(see s 4)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• bankrupt or personally insolvent
• corporation
• exercise
• function
• may (see s 146)
• must (see s 146)
• person
• reviewable decision notice.
"accredited" course means a course that—
(a) leads to a qualification under the AQF; and
(b) for a vocational education and training course—is registered as an accredited course under chapter 3; and
(c) for a higher education course—is registered as an accredited course under chapter 4.
accreditation includes renewed accreditation.
"approved training contract" means a training contract approved by the director-general under section 55B (Approval of training contract).
AQF means the policy framework entitled ‘Australian Qualifications Framework' that defines all qualifications (whether as defined under this Act or otherwise) recognised nationally in education and training within Australia, endorsed by MINCO to commence on 1 January 1995, as in force from time to time.
AQTF means the policy framework entitled ‘Australian Quality Training Framework' that defines the criteria and standards for the registration of training organisations and the accreditation of courses in the vocational education and training sector endorsed by MINCO on 8 June 2001, as in force from time to time.
"committee" means a committee established by the council under section 21.
"compliance audit" means—
(a) for a RTO—an audit, including if necessary a site visit, conducted by or for the council or another registering body to establish whether the RTO complies with the RTO standards, except any legislative compliance standard; or
(b) for a registered higher education provider—an audit, including if necessary a site visit, conducted by or for the council to establish whether the provider complies with the higher education standards, except any legislative compliance standard.
"corresponding law" means—
(a) for chapter 3 (Vocational education and training)—
(i) if a regulation prescribes a law of another jurisdiction as a corresponding law—that law; or
(ii) in any other case—a law of another jurisdiction that corresponds to chapter 3; and
(b) for a provision of chapter 3—the provision of a corresponding law of another jurisdiction under paragraph (a) that corresponds to the provision of chapter 3.
"council" means the Accreditation and Registration Council established under section 7.
course accrediting body means the council or a body equivalent to the council in another jurisdiction responsible for the administration of the accreditation of courses under that jurisdiction's legislation relating to vocational education and training or higher education.
"employer", for a trainee, means the person who is obliged under a training contract to employ the trainee.
"foreign university" means a university that is—
(a) established in a foreign country; and
(b) recognised as a university by the authority in the foreign country that, in the Minister's opinion, is the competent authority for the purpose.
"franchise arrangement" means an agreement or other arrangement between 2 or more people by which one of them (the franchisor) authorises or permits another (the "franchisee")—
(a) to engage in the business of offering, selling or distributing goods and services within or partly within the ACT, if the franchisee is required to do so—
(i) in accordance with a particular marketing, business or technical plan or system; and
(ii) under a common format or procedure (or format and procedure); and
(b) to use a mark or common trade name, in such a way that the business carried on by the franchisee is, or can be, identified by the public as being substantially associated with the mark or name identifying, commonly connected with or controlled by the franchisor or a related person.
"higher education award "means—
(a) a degree, status, title or description of bachelor, master or doctor; or
(b) any other award that is described as a ‘degree'; or
(c) an award of graduate diploma or graduate certificate; or
(d) any other award described in AQF as a higher education award.
"higher education course "means a course of study that entitles a person who satisfies the course requirements to the conferral of a higher education award.
"higher education provider" means a provider of courses leading to higher education awards, other than a university.
"higher education standards "means the following, to the extent that they are relevant to higher education providers:
(a) the national protocols;
(b) the RTO standards and the standards for State and Territory registering and course accrediting bodies;
(c) any other standard for higher education that the Minister determines in writing for this paragraph.
jurisdiction means the Territory or, if it has enacted a corresponding law, a State.
legislative compliance standard means a standard included in the RTO standards or the higher education standards requiring that an RTO or higher education provider ensures that compliance with Commonwealth, State and Territory legislation and regulatory requirements relevant to its operations is integrated into its policies and procedures and that such compliance is maintained.
Note On commencement of this definition, the relevant RTO standard was standard 2.
ministerial council means a council consisting of the Ministers from the Territory, each State and the Commonwealth responsible for employment, education, training and youth affairs.
"nationally agreed training contract"—see section 55B (4).
"nationally endorsed", for a training package, means endorsed by the committee known as the national training quality committee established by MINCO.
"national protocols "means the National Protocols for Higher Education Approval Processes endorsed by the ministerial council on education, employment, training and youth affairs, as in force from time to time.
Note The national protocols were originally approved on 31 March 2000 and a revised edition was approved on 7 July 2006. The revised edition is to come into effect in December 2007.
national register means the National Training Information Service maintained by ANTA, to the extent that it consists of a register of people or matters registered under this Act or corresponding laws.
national training framework means the policy framework, comprising the AQTF and the concept of training packages, endorsed by MINCO in September 1996, and that policy framework and concept of training packages as in force from time to time.
prohibition means a prohibition on all or some of the operations of an RTO, higher education provider or university.
qualification means formal certification in the vocational education and training sector by an RTO and under the AQF that a person has achieved all the units of competencies or modules comprising learning outcomes stated for the qualification in—
(a) a nationally endorsed training package for which details of the qualification have been registered by ANTA; or
(b) an accredited course that provides training for the qualification.
"registered" means—
(a) for a training organisation—registered under chapter 3; and
(b) for a higher education provider—registered under chapter 4.
registered training organisation means a person whose details as a training organisation are registered.
registering body means the council or a body equivalent to the council in another jurisdiction that is responsible for the registration of training organisations under the corresponding law of that jurisdiction.
registration includes renewed registration.
restriction means a restriction on all or some of the operations of an RTO, higher education provider or university, or a prohibition.
"reviewable decision", for part 6.2 (Notification and review of decisions)—see section 104.
RTO means a registered training organisation.
RTO standards means the standards for registered training organisations and, to the extent that they are relevant to an RTO, the standards for State and Territory registering and course accreditation bodies.
"scope of registration"—
(a) for an RTO—see section 31; or
(b) for a higher education provider—see section 58.
standards for accreditation of courses means the standards for accreditation of courses adopted on 8 June 2001 by MINCO under the AQTF, as in force from time to time.
standards for registered training organisations means the standards for registered training organisations adopted on 8 June 2001 by MINCO under the AQTF, as in force from time to time.
standards for State and Territory registering and course accrediting bodies means the standards for State and Territory registering bodies and course accrediting bodies adopted on 8 June 2001 by MINCO under the AQTF, as in force from time to time.
statement of attainment means formal certification in the vocational education and training sector by an RTO under the AQF that a person has achieved—
(a) part of a qualification; or
(b) 1 or more units of competency from a nationally endorsed training package; or
(c) all the units of competency or modules comprising learning outcomes for an accredited course that does not meet the requirements for a qualification.
"trades and labour council" means the Trades and Labour Council of the Australian Capital Territory Incorporated.
"trainee" means a person who undertakes training under a training contract, and includes an apprentice.
training package means an integrated set of competency standards and assessment guidelines leading to a qualification for a particular industry, industry sector or enterprise.
unit of competency means a specification of knowledge and skill and their application to a particular standard of performance.
"university "means—
(a) a provider of higher education that is—
(i) established or recognised as a university under this Act or another law of the Territory, the Commonwealth or a State; and
(ii) listed as a university on the AQF register; or
(b) a foreign university.
"university advisory panel"—see section 85 (Establishment of panel).
vocational education and training means the education and training and qualifications and statements of attainment under the vocational education and training provisions of the AQF.
"vocational education and training course "means a course leading to a qualification or statement of attainment.
"work-related training" means a sequence of vocational education and training that is determined by the director-general under section 55A to be work-related training.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
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A = Act |
NI = Notifiable instrument |
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AF = Approved form |
o = order |
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am = amended |
om = omitted/repealed |
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amdt = amendment |
ord = ordinance |
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AR = Assembly resolution |
orig = original |
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ch = chapter |
par = paragraph/subparagraph |
|
CN = Commencement notice |
pres = present |
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def = definition |
prev = previous |
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DI = Disallowable instrument |
(prev...) = previously |
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dict = dictionary |
pt = part |
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disallowed = disallowed by the Legislative |
r = rule/subrule |
|
Assembly |
reloc = relocated |
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div = division |
renum = renumbered |
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exp = expires/expired |
R[X] = Republication No |
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Gaz = gazette |
RI = reissue |
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hdg = heading |
s = section/subsection |
|
IA = Interpretation Act 1967 |
sch = schedule |
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ins = inserted/added |
sdiv = subdivision |
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LA = Legislation Act 2001 |
SL = Subordinate law |
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LR = legislation register |
sub = substituted |
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underlining = whole or part not commenced |
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mod = modified/modification |
or to be expired |
The Training and Tertiary Education Act 2003
was originally the Tertiary Accreditation and Registration Act 2003. It was renamed by the Training and Tertiary Education Legislation Amendment Act 2007 A2007-12 (see s 4).
Training and Tertiary Education Act 2003 A2003-36
notified LR 8 September
2003
s 1, s 2 commenced 8 September 2003 (LA s 75
(1))
remainder commenced 1 November 2003 (s
2)
as amended by
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.34
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.34 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.18
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))
sch 3 pt 3.18 commenced 25 August 2004 (s 2 (1))
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.68
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.68 commenced 2 June 2005 (s 2 (1))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.97
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.97 commenced 12 April 2007 (s 2 (1))
Training and Tertiary Education Legislation Amendment Act 2007 A2007-12
notified LR 13 June 2007
s 1, s 2 commenced 13 June 2007 (LA s 75 (1))
remainder commenced 1 July 2007 (s 2 and CN2007-3)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.57
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.57 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.100
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.100 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.79
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.79 commenced 17 December 2009 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.155
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.155 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.31
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75 (1))
sch 3 pt 3.31 commenced 21 September 2011 (s 2
(1))
Name of
Act
s 1 sub A2007-12 s
4
Commencement
s
2 om LA s 89 (4)
Functions of
council
s 8 am A2007-12 s 5, s
6
Ministerial directions to
council
s 9 am A2004-9 amdt 1.46;
A2011-28 amdt 3.218
Council to have regard to authority's
views
s 11 om A2007-12 s
7
Membership of
council
s 12 am A2007-12 ss 8-10;
ss renum R7 LA
Ending appointment of council
member
s 13 am A2008-28 amdt
3.168; A2009-49 amdt 3.200
Council
staff
s 17 am A2011-22 amdt
1.442, amdt 1.443
Council's annual
report
s 18 sub A2004-9 amdt
1.47
Council
procedures
s 20 am A2007-12 s 11;
ss renum R7 LA
Expert committee for pt
3.5
s 49 am A2007-3 amdt
3.487
Work-related training and training
contracts
ch 3A hdg ins A2007-12
s 12
Disagreement with decision of council under
s 33 or s 48
s 55 am A2008-37
amdt 1.487
Determination of work-related
training
s 55A ins A2007-12 s
12
am A2011-22 amdt
1.443
Approval of training
contract
s 55B ins A2007-12 s
12
am A2011-22 amdt 1.443; A2011-28
amdt 3.219, amdt 3.220
(5), (6)
exp 21 September 2012 (s 55B (6))
Application for
approval
s 55C ins A2007-12 s
12
am A2011-22 amdt
1.443
Training contracts for qualification or
statement of attainment
s 55D ins
A2007-12 s 12
am A2011-22 amdt
1.443
Training must be under approved training
contract
s 55E ins A2007-12 s
12
Code of
practice
s 55F ins A2007-12 s
12
Party may ask for
amendment
s 55G ins A2007-12 s
12
am A2011-22 amdt
1.443
Director-general may suspend, cancel or
amend contract
s 55H hdg am
A2011-22 amdt 1.443
s 55H ins
A2007-12 s 12
am A2011-22 amdt
1.443
Dispute between employer and
trainee
s 55I ins A2007-12 s
12
am A2011-22 amdt
1.443
Decision about registration as higher
education provider
s 60 am
A2008-28 amdt 3.169
Expert committee for pt
4.3
s 62 am A2005-20 amdt
3.410
Expert committee for pt
4.4
s 74 am A2007-3 amdt
3.487
Disagreement with decision of council under
s 60 or s 73
s 80 am A2008-37
amdt 1.488
Establishment of
panel
s 85 am A2007-12 s
13
Declaration of ACT
university
s 88 am A2007-12 s 14;
A2011-28 amdt 3.221
Council to consider and advise on
proposal
s 89A ins A2007-12 s
15
Panel to consider
proposal
s 90 am A2007-12 s 16, s
17; pars renum R7 LA
Review of operations of
university
s 93 am A2011-28 amdt
3.222
Council to consider and advise on
application
s 94A ins A2007-12 s
18
Decision about approval as foreign
university
s 95 am A2007-12 s
19
Review of operations of foreign
university
s 98 am A2011-28 amdt
3.222
Visits by director-general—training
contract premises
s 99A hdg am
A2011-22 amdt 1.443
s 99A ins
A2007-12 s 20
am A2011-22 amdt
1.443
Identity
cards
s 101 am A2007-12 ss 21-23;
A2011-22 amdt 1.443
Obstructing
visits—council
s 103
hdg sub A2007-12 s 24
s 103 am
A2004-42 amdt 3.86
Obstructing
visits—director-general
s
103A hdg am A2011-22 amdt 1.443
s
103A ins A2007-12 s 25
am A2011-22
amdt 1.443
Notification and review of
decisions
pt 6.2 hdg sub A2008-37
amdt 1.489
Meaning of reviewable
decision—pt 6.2
s
104 sub A2008-37 amdt 1.489
Reviewable decision
notices
s 105 sub A2008-37 amdt
1.489
Applications for
review
s 106 sub A2008-37 amdt
1.489
Time for lodging ACAT review applications
for s 55 and s 80 decisions—ACAT Act, s
11
s 107 am A2007-12 s
26
sub A2008-37 amdt
1.489
CRICOS
approval
s 108 sub A2007-12 s
27
Alternative verdict for offence against s
108
s 109 om A2007-12 s
27
Determination of
fees
s 111 am A2011-28 amdt
3.223
Approved
forms
s 112 sub A2007-12 s
28
am A2011-22 amdt
1.443
Transitional
ch
7 hdg exp 30 October 2004 (s 118)
Details on national register on
commencement
s 114 exp 30 October
2004 (s 118)
Registration of transitional
RTOs
s 115 exp 30 October 2004 (s
118)
Accreditation of transitional vocational and
higher education courses
s
116 exp 30 October 2004 (s 118)
Modification of ch 7's
operation
s 117 exp 30 October
2004 (s 118)
Expiry of ch
7
s 118 exp 30 October 2004 (s
118)
Transitional
ch
10 hdg ins A2007-12 s 29
exp 1 July
2008 (s 203)
Definitions—ch
10
s 200 ins A2007-12 s
29
exp 1 July 2008 (s 203 (LA s 88
declaration applies))
def
commencement day ins A2007-12 s
29
def repealed Act
ins A2007-12 s 29
Training
contracts
s 201 ins A2007-12 s
29
exp 1 July 2008 (s 203 (LA s 88
declaration applies))
Transitional
regulations
s 202 ins A2007-12 s
29
exp 1 July 2008 (s 203 (LA s 88
declaration applies))
Expiry—ch
10
s 203 ins A2007-12 s
29
exp 1 July 2008 (s 203 (LA s 88
declaration applies))
Reviewable
decisions
sch 1 am A2007-12 s 30,
s 31; items renum R7 LA; A2008-37 amdt 1. 490, amdt 1.491; A2011-22 amdt
1.443
Dictionary
dict am
A2008-37 amdt 1.492; A2009-49 amdt
3.201
def ANTA om
A2007-12 s 32
def approved
training contract ins A2007-12 s
33
am A2011-22 amdt
1.443
def AQF am
A2007-12 s 42
def AQTF
am A2007-12 s 42
def
authority om A2007-12 s
34
def Commonwealth
Act om R9 LA
def
employer ins A2007-12 s
35
def MINCO om
A2007-12 s 36
def nationally
agreed training contract ins A2007-12 s
37
def national protocols
am A2007-12 s 38, s 39
def
national training framework am A2007-12 s
42
def reviewable
decision ins A2008-37 amdt
1.493
def standards for
accreditation of courses am A2007-12
s 42
def standards for
registered training organisations am A2007-12 s
42
def standards for State and
Territory registering and course accrediting bodies am A2007-12 s
42
def trainee ins
A2007-12 s 40
def work-related
training ins A2007-12 s
41
am A2011-22 amdt
1.443
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No and date |
Effective |
Last amendment made by |
Republication for |
|---|---|---|---|
|
R1 |
1 Nov
2003– |
not amended |
new Act |
|
R2 |
13 Apr
2004- |
A2004-9 |
amendments by A2004-9 |
|
R3 |
25 Aug
2004– |
A2004-42 |
amendments by A2004-42 |
|
R4 |
31 Oct
2004– |
A2004-42 |
commenced expiry |
|
R5 |
2 June
2005– |
A2005-20 |
amendments by A2005-20 |
|
R6 |
2 Apr
2007– |
A2007-3 |
amendments by A2007-3 |
|
R7 |
1 July
2007– |
A2007-12 |
renaming and other amendments by A2007-12 |
|
R8 |
A2007-12 |
commenced expiry |
|
|
R9 |
26 Aug
2008- |
A2008-28 |
amendments by A2008-28 |
|
R10 |
2 Feb
2009– |
A2008-37 |
amendments by A2008-37 |
|
R11 |
17 Dec
2009– |
A2009-49 |
amendments by A2009-49 |
|
R12 |
1 July
2011– |
A2011-22 |
amendments by A2011-22 |
© Australian Capital Territory
2011