STUDENT IDENTIFIERS BILL 2013

2010-2011-2012-2013

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Student Identifiers Bill 2013

No. , 2013

(Industry, Innovation, Science, Research and Tertiary Education)

A Bill for an Act to provide for student identifiers

and access to transcripts relating to vocational

education and training, and for related purposes

i Student Identifiers Bill 2013 No. , 2013

Contents

Part 1--Preliminary

Short title ........................................................................................... 1

Commencement ................................................................................. 2

Simplified outline of this Act ............................................................. 2

Definitions ......................................................................................... 3

Act to bind the Crown ........................................................................ 6

Extension to external Territories ........................................................ 6

Extraterritorial application ................................................................. 6

Part 2--Student identifiers

Division 1--Assignment of student identifiers etc.

Application for the assignment of an identifier .................................. 7

Assignment of an identifier by the CEO ............................................ 7

Destruction of personal information collected for the purpose

of making an application .................................................................... 8

CEO to resolve problems in relation to the assignment of

student identifiers ............................................................................... 8

Review by the Administrative Appeals Tribunal ............................... 9

Division 2--Verification or giving of student identifiers

Request to verify or give a student identifier ................................... 10

Verification or giving of a student identifier ................................... 10

Division 3--Protection of records of student identifiers

Records of student identifiers must be protected from misuse

etc. .................................................................................................... 11

Division 4--Collection, use or disclosure of student identifiers

Unauthorised collection, use or disclosure of student

identifiers ......................................................................................... 12

Collection, use or disclosure by the CEO ........................................ 12

Collection, use or disclosure with the individual's consent ............. 12

Collection, use or disclosure relating to unlawful activities

etc. .................................................................................................... 13

Collection, use or disclosure for law enforcement purposes

etc. .................................................................................................... 13

Collection, use or disclosure authorised by regulations ................... 14

Division 5--Interaction with the Privacy Act 1988

Contraventions that are interferences with the privacy of an

individual ......................................................................................... 15

Additional functions of the Information Commissioner .................. 15

Student Identifiers Bill 2013 No. , 2013 ii

Use or disclosure of personal information authorised for the

purposes of the Privacy Act 1988 .................................................... 16

Part 3--Authenticated VET transcripts

Individual may be given access to an authenticated VET

transcript etc. .................................................................................... 17

Registered training organisation or VET-related body may be

given access to an authenticated VET transcript etc. ....................... 17

Requirement relating to extracts from authenticated VET

transcripts ......................................................................................... 18

Part 4--Student Identifiers Agency

Division 1--Establishment etc. of the Agency

Establishment ................................................................................... 19

Constitution of the Agency .............................................................. 19

Function of the Agency .................................................................... 19

Agency to have the privileges and immunities of the Crown .......... 19

Division 2--Chief Executive Officer

Subdivision A--Functions and powers

Chief Executive Officer ................................................................... 20

Functions of the CEO ...................................................................... 20

Commonwealth Minister may give directions to the CEO .............. 21

Subdivision B--Appointment of CEO

Appointment .................................................................................... 21

Term of appointment ....................................................................... 21

Acting CEO ..................................................................................... 22

Subdivision C--Terms and conditions of appointment

Remuneration and allowances ......................................................... 22

Leave of absence .............................................................................. 22

Outside employment ........................................................................ 23

Disclosure of interests ...................................................................... 23

Other terms and conditions .............................................................. 23

Resignation ...................................................................................... 23

Termination of appointment ............................................................ 23

Subdivision D--Delegation

Delegation by the CEO .................................................................... 24

Division 3--Staff and consultants

Staff ................................................................................................. 25

Secondment of Commonwealth, State or Territory officers

etc. .................................................................................................... 25

Consultants ...................................................................................... 26

iii Student Identifiers Bill 2013 No. , 2013

Division 4--Special Account

Student Identifiers Special Account ................................................. 27

Credits to the Account ..................................................................... 27

Purposes of the Account .................................................................. 27

Division 5--Annual report

Annual report ................................................................................... 29

Part 5--Other matters

Issue of VET qualifications etc. ....................................................... 30

Saving of other laws and remedies .................................................. 30

Disapplication of Division 4 of Part 2 ............................................. 31

Severability ...................................................................................... 32

Regulations ...................................................................................... 33

Part 1 Preliminary

Section 2

2 Student Identifiers Bill 2013 No. , 2013

2 Commencement

(1) Each provision of this Act 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

Provision(s)

Commencement

Date/Details

1. Sections 1 and

2 and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Sections 3 to

A day or days to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 6 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Simplified outline of this Act

The following is a simplified outline of this Act:

•

Part 2 deals with student identifiers and includes rules about:

(a)

the assignment of student identifiers; and

(b)

the verification or giving of student identifiers; and

Preliminary Part 1

Section 4

Student Identifiers Bill 2013 No. , 2013 3

(c)

the protection of records of student identifiers; and

(d)

the collection, use or disclosure of student

identifiers.

•

Part 3 provides for access to an authenticated VET transcript

of an individual or to an extract of such a transcript. Access

may be requested by the individual, a registered training

organisation or a VET-related body.

•

Part 4 deals with the establishment of the Student Identifiers

Agency. It also deals with the CEO, the staff and consultants

of the Agency and the Student Identifiers Special Account.

•

Part 5 deals with various matters including matters relating to

the application of this Act.

4 Definitions

(1) In this Act:

access controls has the meaning given by paragraph 33(1)(f).

Account means the Student Identifiers Special Account established

by section 49.

Agency means the Student Identifiers Agency established by

section 28.

authenticated VET transcript of an individual means a document

prepared by the CEO that sets out information:

(a) that relates to the VET undertaken by the individual; and

(b) that is prescribed by the regulations.

CEO means the Chief Executive Officer of the Agency.

Commonwealth Minister means the Minister administering this

Act.

Part 1 Preliminary

Section 4

4 Student Identifiers Bill 2013 No. , 2013

corresponding law of a State or Territory means a law of a State

or Territory that corresponds with Division 4 of Part 2 and the

regulations made under section 21.

entity means:

(a) a person; or

(b) a partnership; or

(d) a trust.

identifier means a unique combination of any or all of the

following:

(a) letters;

(b) numbers;

misconduct includes fraud, negligence, default, breach of trust,

breach of duty, breach of discipline or any other misconduct in the

course of duty.

personal information has the same meaning as in the Privacy Act

1988.

public body of a State or Territory means:

(a) the Crown in right of the State or Territory; or

(b) a State or Territory authority (within the meaning of the

Privacy Act 1988) of that State or Territory; or

State or Territory; or

(d) the Parliament of the State or the legislature of the Territory;

(e) a member of the Parliament of the State or of the legislature

of the Territory.

registered training organisation has the same meaning as in the

National Vocational Education and Training Regulator Act 2011.

Standing Council means:

Preliminary Part 1

Section 4

Student Identifiers Bill 2013 No. , 2013 5

(a) if there is a body known as the Council of Australian

Governments Standing Council on Tertiary Education, Skills

and Employment--that body; or

(b) otherwise--a body prescribed by the regulations.

student identifier means an identifier assigned to an individual by

the CEO under section 9 or 11.

VET means vocational education and training.

VET admission body means an entity specified in an instrument

under subsection (2).

VET course has the same meaning as in the National Vocational

Education and Training Regulator Act 2011.

VET-related body means:

(a) a Department of the Commonwealth (other than the Agency),

or a Department of a State or Territory, that deals with

matters relating to VET (including the funding of VET); or

(b) a body (whether incorporated or not) established by or under

a law of the Commonwealth, a State or a Territory that

performs functions relating to VET (including the funding of

VET); or

Vocational Education and Training Regulator Act 2011); or

(d) an entity specified in an instrument under subsection (3).

(2) The CEO may, by legislative instrument, specify an entity for the

purposes of the definition of VET admission body in

subsection (1).

Note:

For specification by class, see subsection 13(3) of the Legislative

Instruments Act 2003.

(3) The CEO may, by legislative instrument, specify an entity for the

purposes of paragraph (d) of the definition of VET-related body in

subsection (1).

Note:

For specification by class, see subsection 13(3) of the Legislative

Instruments Act 2003.

Student identifiers Part 2

Assignment of student identifiers etc. Division 1

Section 8

Student Identifiers Bill 2013 No. , 2013 7

Part 2--Student identifiers

Division 1--Assignment of student identifiers etc.

8 Application for the assignment of an identifier

(1) An individual may apply to the CEO for an identifier to be

assigned to the individual.

(2) The following entities may apply to the CEO for an identifier to be

assigned to an individual if authorised by the individual to make an

application under this section:

(a) a registered training organisation;

(b) a VET admission body;

(3) The application must:

(a) be made in a manner and form approved by the CEO; and

(b) include any information required by the CEO.

9 Assignment of an identifier by the CEO

(1) If an application is made under section 8 in relation to an

individual, the CEO must assign an identifier to the individual if

the CEO is satisfied that:

(a) the identity of the individual has been appropriately verified;

and

(b) the individual has not already been assigned a student

identifier.

(2) The CEO must give written notice of the CEO's decision on the

application to:

(a) the applicant; and

(b) if the applicant is not the individual--the individual.

(3) If the CEO assigns an identifier to the individual, the notice given

under subsection (2) must:

(a) set out the identifier; and

Part 2 Student identifiers

Division 1 Assignment of student identifiers etc.

Section 10

8 Student Identifiers Bill 2013 No. , 2013

(b) if the notice is given to the individual--explain the purposes

and uses of the identifier.

(4) If the CEO refuses to assign an identifier to the individual, the

notice given under subsection (2) must set out the reasons for the

refusal.

10 Destruction of personal information collected for the purpose of

making an application

(1) If:

(a) a registered training organisation, VET admission body or

other entity is authorised by an individual to make an

application under section 8; and

(b) the organisation, body or entity collects personal information

about the individual for the purpose of making the

application; and

the purpose of making the application;

the organisation, body or entity must destroy the personal

information collected solely for that purpose as soon as practicable

after the application is made or it is no longer needed for that

purpose.

(2) Subsection (1) does not apply if the registered training

organisation, VET admission body or other entity is required by or

under any law to retain the information.

Note:

A contravention of this section is taken to be an interference with the

privacy of an individual for the purposes of the Privacy Act 1988 (see

section 22 of this Act).

11 CEO to resolve problems in relation to the assignment of student

identifiers

(1) The CEO may do either or both of the following in order to resolve

a problem that has occurred in relation to the assignment of one or

more student identifiers to one or more individuals:

(a) revoke one or more of those student identifiers;

(b) assign a new identifier to one or more of those individuals.

Student identifiers Part 2

Assignment of student identifiers etc. Division 1

Section 12

Student Identifiers Bill 2013 No. , 2013 9

(2) If the CEO does a thing mentioned in subsection (1) in relation to

an individual, the CEO must give written notice of the CEO's

decision to:

(a) the individual; and

(b) a VET-related body of a kind referred to in paragraph (a) of

the definition of that expression in subsection 4(1); and

circumstances.

(3) The notice given under subsection (2) must set out:

(a) if a student identifier of the individual has been revoked--the

revoked identifier; and

(b) if a new identifier has been assigned to the individual--the

new identifier.

12 Review by the Administrative Appeals Tribunal

(1) Applications may be made to the Administrative Appeals Tribunal

by an individual for review of the following decisions of the CEO:

(a) a refusal to assign an identifier to the individual under

section 9;

(b) a decision under section 11 to revoke a student identifier of

the individual or to assign a new identifier to the individual.

(2) Subsection (1) has effect despite subsection 27(1) of the

Administrative Appeals Tribunal Act 1975.

Part 2 Student identifiers

Division 2 Verification or giving of student identifiers

Section 13

10 Student Identifiers Bill 2013 No. , 2013

Division 2--Verification or giving of student identifiers

13 Request to verify or give a student identifier

(1) Any of the following entities may request the CEO to verify that an

identifier is the student identifier of an individual, or to give the

entity the student identifier of an individual:

(a) the individual;

(b) a registered training organisation;

(d) a VET admission body authorised by the individual to make

a request under this section.

(2) The request must:

(a) be made in a manner and form approved by the CEO; and

(b) include any information required by the CEO.

14 Verification or giving of a student identifier

(1) If a request is made under section 13 in relation to an individual,

the CEO may, by written notice given to the entity that made the

request, verify or give the student identifier of the individual.

(2) If the CEO refuses to verify or give the student identifier, the CEO

must give the entity that made the request written notice of the

refusal and the reasons for the refusal.

Student identifiers Part 2

Protection of records of student identifiers Division 3

Section 15

Student Identifiers Bill 2013 No. , 2013 11

Division 3--Protection of records of student identifiers

15 Records of student identifiers must be protected from misuse etc.

(1) The CEO must take reasonable steps to protect a record of student

identifiers kept by the CEO:

(a) from misuse, interference and loss; and

(b) from unauthorised access, modification or disclosure.

(2) If any other entity keeps a record of student identifiers, the entity

must take reasonable steps to protect the record:

(a) from misuse, interference and loss; and

(b) from unauthorised access, modification or disclosure.

(3) Subsection (2) does not apply to an individual who keeps a record

of the student identifier of the individual.

Note:

A contravention of this section is taken to be an interference with the

privacy of an individual for the purposes of the Privacy Act 1988 (see

section 22 of this Act).

Part 2 Student identifiers

Division 4 Collection, use or disclosure of student identifiers

Section 16

12 Student Identifiers Bill 2013 No. , 2013

Division 4--Collection, use or disclosure of student

identifiers

16 Unauthorised collection, use or disclosure of student identifiers

An entity must not collect, use or disclose a student identifier of an

individual if:

(a) the entity is not the individual; and

(b) the collection, use or disclosure is not authorised under this

Division.

Note:

A contravention of this section is taken to be an interference with the

privacy of the individual for the purposes of the Privacy Act 1988 (see

section 22 of this Act).

17 Collection, use or disclosure by the CEO

(1) The CEO is authorised to collect, use or disclose a student

identifier of an individual if the collection, use or disclosure is for

the purposes of the CEO performing his or her functions or

exercising his or her powers.

(2) The CEO is authorised to use or disclose a student identifier of an

individual if the use or disclosure is for the purposes of research:

(a) that relates (directly or indirectly) to education or training, or

that requires the use of student identifiers or information

about education or training; and

(b) that meets the requirements specified by the Standing

Council.

18 Collection, use or disclosure with the individual's consent

(1) An entity is authorised to collect, use or disclose a student

identifier of an individual if the individual consents (expressly or

impliedly) to the collection, use or disclosure.

(

2) However, the individual cannot consent to the entity using the

individual's student identifier as the entity's own identifier of the

individual.

Student identifiers Part 2

Collection, use or disclosure of student identifiers Division 4

Section 19

Student Identifiers Bill 2013 No. , 2013 13

19 Collection, use or disclosure relating to unlawful activities etc.

An entity is authorised to collect, use or disclose a student

identifier of an individual if:

(a) the entity has reason to suspect that unlawful activity, or

misconduct of a serious nature, that relates to the entity's

functions or activities has been, is being or may be engaged

in; and

(b) the entity reasonably believes that the collection, use or

disclosure is necessary in order for the entity to take

appropriate action in relation to the matter.

20 Collection, use or disclosure for law enforcement purposes etc.

An entity is authorised to collect, use or disclose a student

identifier of an individual if the entity reasonably believes that the

collection, use or disclosure is reasonably necessary for one or

more of following things done by, or on behalf of, an enforcement

body (within the meaning of the Privacy Act 1988):

(a) the prevention, detection, investigation, prosecution or

punishment of:

(i) criminal offences; or

(ii) breaches of a law imposing a penalty or sanction;

(b) the conduct of surveillance activities, intelligence gathering

activities or monitoring activities;

(d) the enforcement of laws relating to the confiscation of the

proceeds of crime;

(e) the protection of the public revenue;

(f) the prevention, detection, investigation or remedying of

misconduct of a serious nature, or other conduct prescribed

by the regulations;

(g) the preparation for, or conduct of, proceedings before any

court or tribunal, or the implementation of the orders of a

court or tribunal.

Student identifiers Part 2

Interaction with the Privacy Act 1988 Division 5

Section 22

Student Identifiers Bill 2013 No. , 2013 15

Division 5--Interaction with the Privacy Act 1988

22 Contraventions that are interferences with the privacy of an

individual

(1) An act or practice that contravenes:

(a) section 10 in relation to personal information about an

individual; or

(b) section 15 or 16 in relation to a student identifier of an

individual;

is taken, for the purposes of the Privacy Act 1988, to be an

interference with the privacy of the individual (within the meaning

of that Act).

Note:

An act or practice that is an interference with the privacy of the

individual may be the subject of an investigation by the Information

Commissioner under Part V of that Act.

(2) If:

(a) an act or practice of an entity that contravenes section 10, 15

or 16 is the subject of an investigation by the Information

Commissioner under Part V of the Privacy Act 1988; and

(b) the entity is not an agency (within the meaning of that Act) or

organisation (within the meaning of that Act);

the entity is taken, for the purposes of that Part and any other

provision of that Act that relates to that Part, to be an organisation

(within the meaning of that Act).

23 Additional functions of the Information Commissioner

(1) In addition to the Information Commissioner's functions under the

Privacy Act 1988, the Information Commissioner has the following

functions:

(a) to investigate an act or practice that may be an interference

with the privacy of an individual under subsection 22(1) and,

if the Information Commissioner considers it appropriate to

do so, to attempt by conciliation to effect a settlement of the

matters that gave rise to the investigation;

Part 2 Student identifiers

Division 5 Interaction with the Privacy Act 1988

Section 24

16 Student Identifiers Bill 2013 No. , 2013

(b) to conduct an assessment of whether the CEO is maintaining

or handling student identifiers in accordance with the

requirements of this Act;

those functions.

(2) The Information Commissioner has power to do all things that are

necessary or convenient to be done for or in connection with the

performance of his or her functions under subsection (1).

(3) The Information Commissioner may conduct an assessment under

paragraph (1)(b) in such manner as the Commissioner considers fit.

(4) Section 56 (rather than section 12B of the Privacy Act 1988)

applies in relation to the matters referred to in paragraph (1)(a) or

(b) of this section in the same way as it applies to this Act.

24 Use or disclosure of personal information authorised for the

purposes of the Privacy Act 1988

(1) The use or disclosure by an entity of personal information about an

individual is taken, for the purposes of the Privacy Act 1988, to be

authorised by this Act if the use or disclosure is for the purposes of

the CEO performing his or her functions or exercising his or her

powers.

(2) The use or disclosure by the CEO of personal information about an

individual is taken, for the purposes of the Privacy Act 1988, to be

authorised by this Act if the use or disclosure is for the purposes of

research:

(a) that relates (directly or indirectly) to education or training, or

that requires the use of student identifiers or information

about education or training; and

(b) that meets the requirements specified by the Standing

Council.

Authenticated VET transcripts Part 3

Section 25

Student Identifiers Bill 2013 No. , 2013 17

Part 3--Authenticated VET transcripts

25 Individual may be given access to an authenticated VET

transcript etc.

(1) The CEO may, on request, give an individual who has been

assigned a student identifier access to:

(a) an authenticated VET transcript of the individual; or

(b) an extract from an authenticated VET transcript of the

individual.

(2) The request must:

(a) be made in a manner and form approved by the CEO; and

(b) include any information required by the CEO; and

excluded from the extract.

(3) If the CEO refuses to give access under subsection (1), the CEO

must give the individual written notice of the decision and the

reasons for the decision.

26 Registered training organisation or VET-related body may be

given access to an authenticated VET transcript etc.

(1) The CEO may, on request, give a registered training organisation

or VET-related body access to:

(a) an authenticated VET transcript of an individual who has

been assigned a student identifier; or

(b) an extract from an authenticated VET transcript of an

individual who has been assigned a student identifier;

in accordance with the access controls set by the individual.

(2) The request must:

(a) be made in a manner and form approved by the CEO; and

(b) include any information required by the CEO.

Part 3 Authenticated VET transcripts

Section 27

18 Student Identifiers Bill 2013 No. , 2013

(3) The CEO must not give access under subsection (1) unless access

controls have been set by the individual.

(4) If the CEO refuses to give access under subsection (1), the CEO

must give the registered training organisation or VET-related body

written notice of the decision and the reasons for the decision.

27 Requirement relating to extracts from authenticated VET

transcripts

(1) If the CEO gives access to an extract from an authenticated VET

transcript of an individual, the extract must include a statement that

it is an extract.

(2) Subsection (1) does not apply if:

(a) the only information not included in the extract is

information of a kind prescribed by the regulations; or

(b) the CEO considers that it is not appropriate for the extract to

include a statement that it is an extract.

Student Identifiers Agency Part 4

Establishment etc. of the Agency Division 1

Section 28

Student Identifiers Bill 2013 No. , 2013 19

Part 4--Student Identifiers Agency

Division 1--Establishment etc. of the Agency

28 Establishment

The Student Identifiers Agency is established by this section.

29 Constitution of the Agency

The Agency consists of:

(a) the CEO; and

(b) the staff of the Agency.

Note:

The Agency does not have a legal identity separate from the

Commonwealth.

30 Function of the Agency

The Agency's function is to assist the CEO in the performance of

the CEO's functions.

31 Agency to have the privileges and immunities of the Crown

The Agency has the privileges and immunities of the Crown in

right of the Commonwealth.

Part 4 Student Identifiers Agency

Division 2 Chief Executive Officer

Section 32

20 Student Identifiers Bill 2013 No. , 2013

Division 2--Chief Executive Officer

Subdivision A--Functions and powers

32 Chief Executive Officer

There is to be a Chief Executive Officer of the Agency.

33 Functions of the CEO

(1) The CEO has the following functions:

(a) to assign student identifiers to individuals;

(b) to verify or give a student identifier of an individual;

transcripts of individuals or extracts from such transcripts;

(d) to ensure that a record of all student identifiers is kept in such

form as the CEO considers appropriate;

(e) to resolve problems that have occurred in relation to the

assignment of student identifiers, including cases where:

(i) an individual has been assigned more than one student

identifier; or

(ii) the same student identifier has been assigned to 2 or

more individuals;

(f) to establish and maintain a mechanism to enable an

individual who has been assigned a student identifier to set

controls (the access controls) on:

(i) the registered training organisations and VET-related

bodies that may request access to an authenticated VET

transcript of the individual; and

(ii) the registered training organisations and VET-related

bodies that may request access to an extract from an

authenticated VET transcript of the individual and the

content of the extract;

(g) any other functions conferred on the CEO by this Act, the

regulations or any other law of the Commonwealth;

(h) to do anything incidental or conducive to the performance of

those functions.

Student Identifiers Agency Part 4

Chief Executive Officer Division 2

Section 34

Student Identifiers Bill 2013 No. , 2013 21

(2) The CEO has power to do all things that are necessary or

convenient to be done for or in connection with the performance of

his or her functions.

34 Commonwealth Minister may give directions to the CEO

(1) The Commonwealth Minister may, by legislative instrument, give

written directions to the CEO about the performance of the CEO's

functions.

Note:

Section 42 (disallowance) and Part 6 (sunsetting) of the Legislative

Instruments Act 2003 do not apply to the directions (see sections 44

and 54 of that Act).

(2) The CEO must comply with a direction under subsection (1).

(3) Subsection (2) does not apply to the extent that the direction relates

to the CEO's performance of functions or exercise of powers under

the Public Service Act 1999 in relation to the Agency or under the

Financial Management and Accountability Act 1997.

(4) Before giving a direction under subsection (1), the Commonwealth

Minister must consult the Standing Council.

Subdivision B--Appointment of CEO

35 Appointment

(1) The CEO is to be appointed by the Commonwealth Minister by

written instrument, on a full-time basis.

Note:

The CEO may be reappointed: see section 33AA of the Acts

Interpretation Act 1901.

(2) Before making an appointment, the Commonwealth Minister must

consult the Standing Council.

36 Term of appointment

The CEO holds office for the period specified in the instrument of

appointment. The period must not exceed 5 years.

Part 4 Student Identifiers Agency

Division 2 Chief Executive Officer

Section 37

22 Student Identifiers Bill 2013 No. , 2013

37 Acting CEO

(1) The Commonwealth Minister may, by written instrument, appoint

a person to act as CEO:

(a) during a vacancy in the office of CEO (whether or not an

appointment has previously been made to that office); or

(b) during any period, or during all periods, when the CEO:

(i) is absent from duty or from Australia; or

(ii) is, for any other reason, unable to perform the duties of

the office.

Note:

See sections 33AB and 33A of the Acts Interpretation Act 1901 for

rules that apply to acting appointments.

(2) Before the Commonwealth Minister appoints a person to act as

CEO for a continuous period of 3 months or more, the Minister

must consult the Standing Council.

Subdivision C--Terms and conditions of appointment

38 Remuneration and allowances

(1) The CEO is to be paid the remuneration that is determined by the

Remuneration Tribunal. If no determination of that remuneration

by the Tribunal is in operation, the CEO is to be paid the

remuneration that is prescribed by the regulations.

(2) The CEO is to be paid the allowances that are prescribed by the

regulations.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

39 Leave of absence

(1) The CEO has the recreation leave entitlements that are determined

by the Remuneration Tribunal.

(2) The Commonwealth Minister may grant to the CEO leave of

absence, other than recreation leave, on the terms and conditions as

to remuneration or otherwise that the Minister determines.

Student Identifiers Agency Part 4

Chief Executive Officer Division 2

Section 40

Student Identifiers Bill 2013 No. , 2013 23

40 Outside employment

The CEO must not engage in paid employment outside the duties

of his or her office without the Commonwealth Minister's

approval.

41 Disclosure of interests

The CEO must give written notice to the Commonwealth Minister

of all interests, pecuniary or otherwise, that the CEO has or

acquires and that conflict or could conflict with the proper

performance of the CEO's functions.

42 Other terms and conditions

The CEO holds office on the terms and conditions (if any) in

relation to matters not covered by this Act that are determined by

the Commonwealth Minister.

43 Resignation

(1) The CEO may resign his or her appointment by giving the

Commonwealth Minister a written resignation.

(2) The resignation takes effect on the day it is received by the

Commonwealth Minister or, if a later day is specified in the

resignation, on that later day.

44 Termination of appointment

(1) The Commonwealth Minister may terminate the appointment of

the CEO:

(a) for misbehaviour; or

(b) if the CEO is unable to perform the duties of his or her office

because of physical or mental incapacity.

(2) The Commonwealth Minister may terminate the appointment of

the CEO if:

(a) the CEO:

(i) becomes bankrupt; or

Part 4 Student Identifiers Agency

Division 2 Chief Executive Officer

Section 45

24 Student Identifiers Bill 2013 No. , 2013

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

(b) the CEO is absent, except on leave of absence, for 14

consecutive days or for 28 days in any 12 months; or

paid employment outside the duties of his or her office (see

section 40); or

(d) the CEO fails, without reasonable excuse, to comply with

section 41.

(3) If the Commonwealth Minister terminates the appointment of the

CEO, the Minister must notify the Standing Council of the

termination.

Subdivision D--Delegation

45 Delegation by the CEO

(1) The CEO may delegate, in writing, all or any of the CEO's

functions or powers to:

(a) a person who is a member of the staff of the Agency under

section 46; or

(b) a person to whom an arrangement under section 47 relates.

(2) In performing functions or exercising powers under the delegation,

the delegate must comply with any written directions of the CEO.

Student Identifiers Agency Part 4

Staff and consultants Division 3

Section 46

Student Identifiers Bill 2013 No. , 2013 25

Division 3--Staff and consultants

46 Staff

(1) The staff of the Agency must be persons engaged under the Public

Service Act 1999.

(2) For the purposes of that Act:

(a) the CEO and the staff of the Agency together constitute a

Statutory Agency; and

(b) the CEO is the Head of that Statutory Agency.

47 Secondment of Commonwealth, State or Territory officers etc.

Secondment of Commonwealth officers etc.

(1) The CEO may arrange with:

(a) an Agency Head (within the meaning of the Public Service

Act 1999) of an Agency (within the meaning of that Act); or

(b) an authority of the Commonwealth;

for the services of officers or employees of the Agency referred to

in paragraph (a), or the authority, to be made available to assist the

CEO in the performance of the CEO's functions.

Secondment of State or Territory officers etc.

(2) The CEO may arrange with the appropriate authority of a State or

Territory for the services of officers or employees of the following

to be made available to assist the CEO in the performance of the

CEO's functions:

(a) the Public Service of the State or Territory;

(b) a body, whether incorporated or not, established by or under

a law of the State or Territory.

(3) An arrangement under subsection (2) may provide for the

Commonwealth to reimburse the appropriate authority of a State or

Territory with respect to the services of a person to whom the

arrangement relates.

Part 4 Student Identifiers Agency

Division 3 Staff and consultants

Section 48

26 Student Identifiers Bill 2013 No. , 2013

Directions of the CEO

(4) In assisting the CEO in the performance of the CEO's functions, a

person to whom an arrangement under subsection (1) or (2) relates

is subject to the directions of the CEO.

48 Consultants

(1) The CEO may, on behalf of the Commonwealth, engage

consultants to assist in the performance of the CEO's functions.

(2) The consultants are to be engaged on the terms and conditions that

the CEO determines in writing.

Student Identifiers Agency Part 4

Special Account Division 4

Section 49

Student Identifiers Bill 2013 No. , 2013 27

Division 4--Special Account

49 Student Identifiers Special Account

(1) The Student Identifiers Special Account is established by this

section.

(2) The Account is a Special Account for the purposes of the Financial

Management and Accountability Act 1997.

50 Credits to the Account

There must be credited to the Account amounts equal to the

following:

(a) amounts allocated by the Standing Council in accordance

with the National Agreement for Skills and Workforce

Development between the Commonwealth, States and

Territories, as in force from time to time;

(b) amounts received by the Commonwealth in connection with

the performance of the CEO's functions;

of amounts debited from the Account;

(d) amounts of any gifts given or bequests made for the purposes

of the Account.

Note 1:

An Appropriation Act may contain a provision to the effect that, if any

of the purposes of a Special Account is a purpose that is covered by an

item in the Appropriation Act (whether or not the item expressly refers

to the Special Account), then amounts may be debited against the

appropriation for that item and credited to that Special Account.

Note 2:

Amounts standing to the credit of the Account may be invested under

section 39 of the Financial Management and Accountability Act 1997,

but such investments may only be made by the Finance Minister, the

Treasurer, or a delegate under section 62 or 62A of that Act.

51 Purposes of the Account

The purposes of the Account are as follows:

Part 4 Student Identifiers Agency

Division 4 Special Account

Section 51

28 Student Identifiers Bill 2013 No. , 2013

(a) paying or discharging the costs, expenses and other

obligations incurred by the Commonwealth in the

performance of the CEO's functions;

(b) paying any remuneration and allowances payable to any

person under this Act;

Note:

See section 21 of the Financial Management and Accountability Act

1997 (debits from Special Accounts).

Student Identifiers Agency Part 4

Annual report Division 5

Section 52

Student Identifiers Bill 2013 No. , 2013 29

Division 5--Annual report

52 Annual report

(1) The CEO must, as soon as practicable after the end of each

financial year, prepare and give to the Commonwealth Minister,

for presentation to the Parliament, a report on the operations of the

CEO and Agency during that year.

Note:

See also section 34C of the Acts Interpretation Act 1901, which

contains extra rules about annual reports.

(2) The CEO must give a copy of the report to the Standing Council at

the same time as the report is presented to the Parliament.

(3) If this section does not commence at the start of a financial year,

the period:

(a) starting at the commencement of this section; and

(b) ending at the end of the first 30 June after that

commencement;

is taken, for the purposes of this section, to be a financial year.

Part 5 Other matters

Section 53

30 Student Identifiers Bill 2013 No. , 2013

Part 5--Other matters

53 Issue of VET qualifications etc.

(1) A registered training organisation must not issue either of the

following to an individual unless the individual has been assigned a

student identifier:

(a) a VET qualification (within the meaning of the National

Vocational Education and Training Regulator Act 2011);

(b) a VET statement of attainment (within the meaning of that

Act).

(2) Subsection (1) does not apply to an issue specified under

subsection (3).

(3) The Commonwealth Minister may, by legislative instrument,

specify an issue to which subsection (1) does not apply, by

reference to one or more of the following:

(a) the registered training organisation doing the issuing;

(b) the VET qualification, or VET statement of attainment, being

issued;

statement of attainment, is being issued.

Note:

For specification by class, see subsection 13(3) of the Legislative

Instruments Act 2003.

(4) Before making an instrument under subsection (3), the

Commonwealth Minister must obtain the agreement of the

Standing Council to the making of the instrument.

54 Saving of other laws and remedies

(1) This Act is not intended to exclude or limit the operation of a law

of a State or Territory that is capable of operating concurrently

with this Act.

Other matters Part 5

Section 55

Student Identifiers Bill 2013 No. , 2013 31

(2) Nothing in this Act limits, restricts or otherwise affects any right or

remedy that a person would have had if this Act had not been

enacted.

55 Disapplication of Division 4 of Part 2

(1) Division 4 of Part 2 does not apply to a public body of a State or

Territory if a declaration made under subsection (2) is in force in

relation to the body.

(2) The Commonwealth Minister may, in writing, declare that

Division 4 of Part 2 does not apply to a public body of a State or

Territory if:

(a) a Minister of the State or Territory requests, by written

notice, the Commonwealth Minister to make the declaration;

and

(b) the Commonwealth Minister is satisfied that a corresponding

law of a State or Territory is in force in the State or Territory

and the law applies to the body; and

(3) The Commonwealth Minister may, in writing, revoke a declaration

made under subsection (2) in relation to a public body of a State or

Territory if:

(a) a Minister of the State or Territory requests, by written

notice, the Commonwealth Minister to do so; or

(b) both of the following apply:

(i) the Commonwealth Minister is satisfied that a

corresponding law of a State or Territory is no longer in

force in the State or Territory or no longer applies to the

body;

(ii) the Standing Council agrees to the revocation of the

declaration.

(4) A declaration under subsection (2), and a revocation of a

declaration under subsection (3), are legislative instruments, but

neither section 42 (disallowance) nor Part 6 (sunsetting) of the

Legislative Instruments Act 2003 applies to the declaration or

revocation.

Part 5 Other matters

Section 56

32 Student Identifiers Bill 2013 No. , 2013

56 Severability

(1) Without limiting its effect apart from each of the following

subsections of this section, this Act also has effect as provided by

that subsection.

(2) This Act also has the effect it would have if its operation were

expressly confined to matters:

(a) in relation to which the Commonwealth is under an

obligation under an international agreement, including

Article 17 of the International Covenant on Civil and

Political Rights, done at New York on 16 December 1966; or

(b) that are of international concern, including the matters dealt

with in paragraphs 9, 10 and 11 of the Guidelines Governing

the Protection of Privacy and Transborder Flows of Personal

Data, recommended by the Council of the Organisation for

Economic Co-operation and Development on 23 September

1980.

Note 1:

The text of the Covenant is set out in Australian Treaty Series 1980

No. 23 ([1980] ATS 23). In 2013, the text of a Covenant in the

Australian Treaty Series was accessible through the Australian

Treaties Library on the AustLII website (www.austlii.edu.au).

Note 2:

In 2013, the text of the Guidelines was accessible through the

Organisation for Economic Co-operation and Development website

(www.oecd.org).

(3) This Act also has the effect it would have if its operation were

expressly confined to acts or omissions that occur outside

Australia.

(4) This Act also has the effect it would have if its operation were

expressly confined to entities that are corporations to which

paragraph 51(xx) of the Constitution applies.

(5) This Act also has the effect it would have if its operation were

expressly confined to acts or omissions that relate to aliens.

(6) This Act also has the effect it would have if its operation were

expressly confined to acts or omissions done for purposes relating

to census or statistics.

Other matters Part 5

Section 57

Student Identifiers Bill 2013 No. , 2013 33

(7) This Act also has the effect it would have if its operation were

expressly confined to acts done using a postal, telegraphic,

telephonic or other like services.

(8) This Act also has the effect it would have if its operation were

expressly confined to acts or omissions done in connection with the

provision of benefits to students.

(9) This Act also has the effect it would have if its operation were

expressly confined to acts or omissions that occur in a Territory.

(10) This Act also has the effect it would have if its operation were

expressly confined to acts or omissions done in the course of trade

or commerce:

(a) between Australia and other countries; or

(b) among the States; or

(11) A term used in this section and the Constitution has the same

meaning in this section as it has in the Constitution.

57 Regulations

(1) The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

(2) Before the Governor-General makes regulations under

subsection (1), the Commonwealth Minister must obtain the

agreement of the Standing Council to the making of the

regulations.

(3) Despite subsection 14(2) of the Legislative Instruments Act 2003,

the regulations made under subsection (1) of this section may make

provision in relation to a matter by applying, adopting or

incorporating, with or without modification, a matter contained in

an instrument or other writing as in force or existing from time.

Commonwealth of Australia Bills

STUDENT IDENTIFIERS BILL 2013