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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Student Identifiers Bill 2014
No. , 2014
(Industry)
A Bill for an Act to provide for student identifiers
and access to transcripts relating to vocational
education and training, and for related purposes
No. , 2014
Student Identifiers Bill 2014
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Simplified outline of this Act ............................................................. 3
4
Definitions ......................................................................................... 3
5
Act to bind the Crown ........................................................................ 6
6
Extension to external Territories ........................................................ 6
7
Extraterritorial application ................................................................. 6
Part 2--Student identifiers
7
Division 1--Simplified outline of this Part
7
8
Simplified outline of this Part ............................................................ 7
Division 2--Assignment of student identifiers etc.
8
9
Application for the assignment of an identifier .................................. 8
10
Assignment of an identifier by the Registrar ..................................... 8
11
Destruction of personal information collected for the purpose
of making an application .................................................................... 9
12
Registrar to resolve problems in relation to the assignment of
student identifiers ............................................................................... 9
13
Review by the Administrative Appeals Tribunal ............................. 10
Division 3--Verification or giving of student identifiers
11
14
Request to verify or give a student identifier ................................... 11
15
Verification or giving of a student identifier ................................... 11
Division 4--Protection of records of student identifiers
12
16
Records of student identifiers must be protected from misuse
etc. .................................................................................................... 12
Division 5--Collection, use or disclosure of student identifiers
13
17
Unauthorised collection, use or disclosure of student
identifiers ......................................................................................... 13
18
Collection, use or disclosure by the Registrar .................................. 13
19
Collection, use or disclosure with the individual's consent ............. 13
20
Collection, use or disclosure relating to unlawful activities
etc. .................................................................................................... 14
21
Collection, use or disclosure for law enforcement purposes
etc. .................................................................................................... 14
22
Collection, use or disclosure authorised by regulations ................... 15
ii
Student Identifiers Bill 2014
No. , 2014
Division 6--Interaction with the Privacy Act 1988
16
23
Contraventions that are interferences with the privacy of an
individual ......................................................................................... 16
24
Additional functions of the Information Commissioner .................. 16
25
Use or disclosure of personal information authorised for the
purposes of the Privacy Act 1988 .................................................... 17
Part 3--Authenticated VET transcripts
18
26
Simplified outline of this Part .......................................................... 18
27
Individual may be given access to an authenticated VET
transcript etc. .................................................................................... 18
28
Registered training organisation or VET-related body may be
given access to an authenticated VET transcript etc. ....................... 19
29
Requirement relating to extracts from authenticated VET
transcripts ......................................................................................... 19
Part 4--Student Identifiers Registrar etc.
20
Division 1--Simplified outline of this Part
20
30
Simplified outline of this Part .......................................................... 20
Division 2--Student Identifiers Registrar
21
Subdivision A--Functions and powers
21
31
Student Identifiers Registrar ............................................................ 21
32
Functions of the Registrar ................................................................ 21
33
Commonwealth Minister may give directions to the
Registrar ........................................................................................... 22
Subdivision B--Appointment of Registrar
22
34
Appointment .................................................................................... 22
35
Term of appointment ....................................................................... 22
36
Acting Registrar ............................................................................... 22
Subdivision C--Terms and conditions of appointment
23
37
Remuneration and allowances ......................................................... 23
38
Leave of absence .............................................................................. 23
39
Outside employment ........................................................................ 24
40
Disclosure of interests ...................................................................... 24
41
Other terms and conditions .............................................................. 24
42
Resignation ...................................................................................... 24
43
Termination of appointment ............................................................ 24
Subdivision D--Delegation
25
44
Delegation by the Registrar ............................................................. 25
No. , 2014
Student Identifiers Bill 2014
iii
Division 3--Staff and consultants assisting Registrar
26
45
Staff ................................................................................................. 26
46
Secondment of Commonwealth, State or Territory officers
etc. .................................................................................................... 26
47
Consultants ...................................................................................... 27
Division 4--Special Account
28
48
Student Identifiers Special Account ................................................. 28
49
Credits to the Account ..................................................................... 28
50
Purposes of the Account .................................................................. 28
Division 5--Annual report
30
51
Annual report ................................................................................... 30
Part 5--Other matters
31
52
Simplified outline of this Part .......................................................... 31
53
Issue of VET qualifications etc. ....................................................... 31
54
Saving of other laws and remedies .................................................. 32
55
Disapplication of Division 5 of Part 2 ............................................. 32
56
Severability ...................................................................................... 33
57
Regulations ...................................................................................... 35
No. , 2014
Student Identifiers Bill 2014
1
A Bill for an Act to provide for student identifiers
1
and access to transcripts relating to vocational
2
education and training, and for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Student Identifiers Act 2014.
8
Part 1 Preliminary
Section 2
2
Student Identifiers Bill 2014
No. , 2014
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
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
52
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.
3. Section 53
1 January 2015.
1 January 2015
4. Sections 54 to
57
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
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
Preliminary Part 1
Section 3
No. , 2014
Student Identifiers Bill 2014
3
3 Simplified outline of this Act
1
Generally, a registered training organisation must not issue a VET
2
qualification or VET statement of attainment to an individual after
3
2014 unless the individual has a student identifier.
4
The Student Identifiers Registrar must assign a student identifier to
5
an individual on application.
6
On request by an individual, or an organisation or body involved
7
with vocational education and training, the Registrar may verify
8
that an identifier is the individual's student identifier, or give the
9
individual's student identifier.
10
Records of student identifiers must be protected from misuse.
11
Collection, use and disclosure of an individual's student identifier
12
without the individual's consent is prohibited, unless it is
13
authorised by this Act. The Information Commissioner may deal
14
with breaches of these rules as interferences with privacy under the
15
Privacy Act 1988.
16
On request, the Registrar may give all or part of an authenticated
17
VET transcript of an individual who has a student identifier to the
18
individual, a registered training organisation or a VET-related
19
body. This is subject to access controls set by the individual.
20
4 Definitions
21
(1) In this Act:
22
access controls has the meaning given by paragraph 32(1)(f).
23
Account means the Student Identifiers Special Account established
24
by section 48.
25
authenticated VET transcript of an individual means a document
26
prepared by the Registrar that sets out information:
27
(a) that relates to the VET undertaken by the individual; and
28
(b) that is prescribed by the regulations.
29
Part 1 Preliminary
Section 4
4
Student Identifiers Bill 2014
No. , 2014
Commonwealth Minister means the Minister administering this
1
Act.
2
corresponding law of a State or Territory means a law of a State
3
or Territory that corresponds with Division 5 of Part 2 and the
4
regulations made under section 22.
5
entity means:
6
(a) a person; or
7
(b) a partnership; or
8
(c) any other unincorporated association or body; or
9
(d) a trust.
10
identifier means a unique combination of any or all of the
11
following:
12
(a) letters;
13
(b) numbers;
14
(c) symbols.
15
Ministerial Council means:
16
(a) if there is a body established by the Council of Australian
17
Governments to deal with training and skills--that body; or
18
(b) otherwise--a body prescribed by the regulations.
19
misconduct includes fraud, negligence, default, breach of trust,
20
breach of duty, breach of discipline or any other misconduct in the
21
course of duty.
22
personal information has the same meaning as in the Privacy Act
23
1988.
24
public body of a State or Territory means:
25
(a) the Crown in right of the State or Territory; or
26
(b) a State or Territory authority (within the meaning of the
27
Privacy Act 1988) of that State or Territory; or
28
(c) the head (however described) of a Department of State of the
29
State or Territory; or
30
(d) the Parliament of the State or the legislature of the Territory;
31
or
32
Preliminary Part 1
Section 4
No. , 2014
Student Identifiers Bill 2014
5
(e) a member of the Parliament of the State or of the legislature
1
of the Territory.
2
registered training organisation has the same meaning as in the
3
National Vocational Education and Training Regulator Act 2011.
4
Registrar means the Student Identifiers Registrar.
5
student identifier means an identifier assigned to an individual by
6
the Registrar under section 10 or 12.
7
VET means vocational education and training.
8
VET admission body means an entity specified in an instrument
9
under subsection (2).
10
VET-related body means:
11
(a) a Department of the Commonwealth, or a Department of a
12
State or Territory, that deals with matters relating to VET
13
(including the funding of VET); or
14
(b) a body (whether incorporated or not) established by or under
15
a law of the Commonwealth, a State or a Territory that
16
performs functions relating to VET (including the funding of
17
VET); or
18
(c) a VET Regulator (within the meaning of the National
19
Vocational Education and Training Regulator Act 2011); or
20
(d) an entity specified in an instrument under subsection (3).
21
(2) The Registrar may, by legislative instrument, specify an entity for
22
the purposes of the definition of VET admission body in
23
subsection (1).
24
Note:
For specification by class, see subsection 13(3) of the Legislative
25
Instruments Act 2003.
26
(3) The Registrar may, by legislative instrument, specify an entity for
27
the purposes of paragraph (d) of the definition of VET-related
28
body in subsection (1).
29
Note:
For specification by class, see subsection 13(3) of the Legislative
30
Instruments Act 2003.
31
Part 1 Preliminary
Section 5
6
Student Identifiers Bill 2014
No. , 2014
5 Act to bind the Crown
1
This Act binds the Crown in each of its capacities.
2
6 Extension to external Territories
3
This Act extends to every external Territory.
4
7 Extraterritorial application
5
This Act extends to acts, omissions, matters and things outside
6
Australia.
7
Student identifiers Part 2
Simplified outline of this Part Division 1
Section 8
No. , 2014
Student Identifiers Bill 2014
7
Part 2--Student identifiers
1
Division 1--Simplified outline of this Part
2
8 Simplified outline of this Part
3
The Student Identifiers Registrar must assign a student identifier to
4
an individual on application by or on behalf of the individual if the
5
Registrar is satisfied of the individual's identity and that the
6
individual does not already have a student identifier.
7
Generally, anyone who collects personal information about an
8
individual to apply for an identifier for the individual must destroy
9
the information as soon as practicable after it is no longer needed
10
for that purpose.
11
On request by an individual, or an organisation or body involved
12
with vocational education and training, the Registrar may verify
13
that an identifier is the individual's student identifier, or give the
14
individual's student identifier.
15
Anyone (including the Registrar) who keeps a record of student
16
identifiers must protect it from misuse and unauthorised access and
17
disclosure.
18
Collection, use and disclosure of an individual's student identifier
19
without the individual's consent is prohibited, unless it is
20
authorised. This Part authorises collection, use and disclosure by
21
the Registrar for certain purposes or by others to deal with
22
unlawful acts or to help law enforcement.
23
The Information Commissioner may deal with breaches of the
24
rules about destroying personal information, protecting records of
25
student identifiers and unauthorised collection, use and disclosure
26
of student identifiers as interferences with privacy under the
27
Privacy Act 1988.
28
Part 2 Student identifiers
Division 2 Assignment of student identifiers etc.
Section 9
8
Student Identifiers Bill 2014
No. , 2014
Division 2--Assignment of student identifiers etc.
1
9 Application for the assignment of an identifier
2
(1) An individual may apply to the Registrar for an identifier to be
3
assigned to the individual.
4
(2) The following entities may apply to the Registrar for an identifier
5
to be assigned to an individual if authorised by the individual to
6
make an application under this section:
7
(a) a registered training organisation;
8
(b) a VET admission body;
9
(c) another entity.
10
(3) The application must:
11
(a) be made in a manner and form approved by the Registrar;
12
and
13
(b) include any information required by the Registrar.
14
10 Assignment of an identifier by the Registrar
15
(1) If an application is made under section 9 in relation to an
16
individual, the Registrar must assign an identifier to the individual
17
if the Registrar is satisfied that:
18
(a) the identity of the individual has been appropriately verified;
19
and
20
(b) the individual has not already been assigned a student
21
identifier.
22
(2) The Registrar must give written notice of the Registrar's decision
23
on the application to:
24
(a) the applicant; and
25
(b) if the applicant is not the individual--the individual.
26
(3) If the Registrar assigns an identifier to the individual, the notice
27
given under subsection (2) must:
28
(a) set out the identifier; and
29
(b) if the notice is given to the individual--explain the purposes
30
and uses of the identifier.
31
Student identifiers Part 2
Assignment of student identifiers etc. Division 2
Section 11
No. , 2014
Student Identifiers Bill 2014
9
(4) If the Registrar refuses to assign an identifier to the individual, the
1
notice given under subsection (2) must set out the reasons for the
2
refusal.
3
11 Destruction of personal information collected for the purpose of
4
making an application
5
(1) If:
6
(a) a registered training organisation, VET admission body or
7
other entity is authorised by an individual to make an
8
application under section 9; and
9
(b) the organisation, body or entity collects personal information
10
about the individual for the purpose of making the
11
application; and
12
(c) some or all of the personal information is collected solely for
13
the purpose of making the application;
14
the organisation, body or entity must destroy the personal
15
information collected solely for that purpose as soon as practicable
16
after the application is made or it is no longer needed for that
17
purpose.
18
(2) Subsection (1) does not apply if the registered training
19
organisation, VET admission body or other entity is required by or
20
under any law to retain the information.
21
Note:
A contravention of this section is taken to be an interference with the
22
privacy of an individual for the purposes of the Privacy Act 1988 (see
23
section 23 of this Act).
24
12 Registrar to resolve problems in relation to the assignment of
25
student identifiers
26
(1) The Registrar may do either or both of the following in order to
27
resolve a problem that has occurred in relation to the assignment of
28
one or more student identifiers to one or more individuals:
29
(a) revoke one or more of those student identifiers;
30
(b) assign a new identifier to one or more of those individuals.
31
Part 2 Student identifiers
Division 2 Assignment of student identifiers etc.
Section 13
10
Student Identifiers Bill 2014
No. , 2014
(2) If the Registrar does a thing mentioned in subsection (1) in relation
1
to an individual, the Registrar must give written notice of the
2
Registrar's decision to:
3
(a) the individual; and
4
(b) a VET-related body of a kind referred to in paragraph (a) of
5
the definition of that expression in subsection 4(1); and
6
(c) any other entity that the Registrar considers appropriate in the
7
circumstances.
8
(3) The notice given under subsection (2) must set out:
9
(a) if a student identifier of the individual has been revoked--the
10
revoked identifier; and
11
(b) if a new identifier has been assigned to the individual--the
12
new identifier.
13
13 Review by the Administrative Appeals Tribunal
14
(1) Applications may be made to the Administrative Appeals Tribunal
15
by an individual for review of the following decisions of the
16
Registrar:
17
(a) a refusal to assign an identifier to the individual under
18
section 10;
19
(b) a decision under section 12 to revoke a student identifier of
20
the individual or to assign a new identifier to the individual.
21
(2) Subsection (1) has effect despite subsection 27(1) of the
22
Administrative Appeals Tribunal Act 1975.
23
Student identifiers Part 2
Verification or giving of student identifiers Division 3
Section 14
No. , 2014
Student Identifiers Bill 2014
11
Division 3--Verification or giving of student identifiers
1
14 Request to verify or give a student identifier
2
(1) Any of the following entities may request the Registrar to verify
3
that an identifier is the student identifier of an individual, or to give
4
the entity the student identifier of an individual:
5
(a) the individual;
6
(b) a registered training organisation;
7
(c) a VET-related body;
8
(d) a VET admission body authorised by the individual to make
9
a request under this section.
10
(2) The request must:
11
(a) be made in a manner and form approved by the Registrar;
12
and
13
(b) include any information required by the Registrar.
14
15 Verification or giving of a student identifier
15
(1) If a request is made under section 14 in relation to an individual,
16
the Registrar may, by written notice given to the entity that made
17
the request, verify or give the student identifier of the individual.
18
(2) If the Registrar refuses to verify or give the student identifier, the
19
Registrar must give the entity that made the request written notice
20
of the refusal and the reasons for the refusal.
21
Part 2 Student identifiers
Division 4 Protection of records of student identifiers
Section 16
12
Student Identifiers Bill 2014
No. , 2014
Division 4--Protection of records of student identifiers
1
16 Records of student identifiers must be protected from misuse etc.
2
(1) The Registrar must take reasonable steps to protect a record of
3
student identifiers kept by the Registrar:
4
(a) from misuse, interference and loss; and
5
(b) from unauthorised access, modification or disclosure.
6
(2) If any other entity keeps a record of student identifiers, the entity
7
must take reasonable steps to protect the record:
8
(a) from misuse, interference and loss; and
9
(b) from unauthorised access, modification or disclosure.
10
(3) Subsection (2) does not apply to an individual who keeps a record
11
of the student identifier of the individual.
12
Note:
A contravention of this section is taken to be an interference with the
13
privacy of an individual for the purposes of the Privacy Act 1988 (see
14
section 23 of this Act).
15
Student identifiers Part 2
Collection, use or disclosure of student identifiers Division 5
Section 17
No. , 2014
Student Identifiers Bill 2014
13
Division 5--Collection, use or disclosure of student
1
identifiers
2
17 Unauthorised collection, use or disclosure of student identifiers
3
An entity must not collect, use or disclose a student identifier of an
4
individual if:
5
(a) the entity is not the individual; and
6
(b) the collection, use or disclosure is not authorised under this
7
Division.
8
Note:
A contravention of this section is taken to be an interference with the
9
privacy of the individual for the purposes of the Privacy Act 1988 (see
10
section 23 of this Act).
11
18 Collection, use or disclosure by the Registrar
12
(1) The Registrar is authorised to collect, use or disclose a student
13
identifier of an individual if the collection, use or disclosure is for
14
the purposes of the Registrar performing his or her functions or
15
exercising his or her powers.
16
(2) The Registrar is authorised to use or disclose a student identifier of
17
an individual if the use or disclosure is for the purposes of
18
research:
19
(a) that relates (directly or indirectly) to education or training, or
20
that requires the use of student identifiers or information
21
about education or training; and
22
(b) that meets the requirements specified by the Ministerial
23
Council.
24
19 Collection, use or disclosure with the individual's consent
25
(1) An entity is authorised to collect, use or disclose a student
26
identifier of an individual if the individual consents (expressly or
27
impliedly) to the collection, use or disclosure.
28
Part 2 Student identifiers
Division 5 Collection, use or disclosure of student identifiers
Section 20
14
Student Identifiers Bill 2014
No. , 2014
(
2) However, the individual cannot consent to the entity using the
1
individual's student identifier as the entity's own identifier of the
2
individual.
3
20 Collection, use or disclosure relating to unlawful activities etc.
4
An entity is authorised to collect, use or disclose a student
5
identifier of an individual if:
6
(a) the entity has reason to suspect that unlawful activity, or
7
misconduct of a serious nature, that relates to the entity's
8
functions or activities has been, is being or may be engaged
9
in; and
10
(b) the entity reasonably believes that the collection, use or
11
disclosure is necessary in order for the entity to take
12
appropriate action in relation to the matter.
13
21 Collection, use or disclosure for law enforcement purposes etc.
14
An entity is authorised to collect, use or disclose a student
15
identifier of an individual if the entity reasonably believes that the
16
collection, use or disclosure is reasonably necessary for one or
17
more of following things done by, or on behalf of, an enforcement
18
body (within the meaning of the Privacy Act 1988):
19
(a) the prevention, detection, investigation, prosecution or
20
punishment of:
21
(i) criminal offences; or
22
(ii) breaches of a law imposing a penalty or sanction;
23
(b) the conduct of surveillance activities, intelligence gathering
24
activities or monitoring activities;
25
(c) the conduct of protective or custodial activities;
26
(d) the enforcement of laws relating to the confiscation of the
27
proceeds of crime;
28
(e) the protection of the public revenue;
29
(f) the prevention, detection, investigation or remedying of
30
misconduct of a serious nature, or other conduct prescribed
31
by the regulations;
32
Student identifiers Part 2
Collection, use or disclosure of student identifiers Division 5
Section 22
No. , 2014
Student Identifiers Bill 2014
15
(g) the preparation for, or conduct of, proceedings before any
1
court or tribunal, or the implementation of the orders of a
2
court or tribunal.
3
22 Collection, use or disclosure authorised by regulations
4
An entity is authorised to collect, use or disclose a student
5
identifier of an individual if the collection, use or disclosure is
6
authorised by the regulations.
7
Part 2 Student identifiers
Division 6 Interaction with the Privacy Act 1988
Section 23
16
Student Identifiers Bill 2014
No. , 2014
Division 6--Interaction with the Privacy Act 1988
1
23 Contraventions that are interferences with the privacy of an
2
individual
3
(1) An act or practice that contravenes:
4
(a) section 11 in relation to personal information about an
5
individual; or
6
(b) section 16 or 17 in relation to a student identifier of an
7
individual;
8
is taken, for the purposes of the Privacy Act 1988, to be an
9
interference with the privacy of the individual (within the meaning
10
of that Act).
11
Note:
An act or practice that is an interference with the privacy of the
12
individual may be the subject of an investigation by the Information
13
Commissioner under Part V of that Act.
14
(2) If:
15
(a) an act or practice of an entity that contravenes section 11, 16
16
or 17 is the subject of a complaint to, or an investigation by,
17
the Information Commissioner under Part V of the Privacy
18
Act 1988; and
19
(b) the entity is not an agency (within the meaning of that Act) or
20
organisation (within the meaning of that Act);
21
the entity is taken, for the purposes of that Part and any other
22
provision of that Act that relates to that Part, to be an organisation
23
(within the meaning of that Act).
24
24 Additional functions of the Information Commissioner
25
(1) In addition to the Information Commissioner's functions under the
26
Privacy Act 1988, the Information Commissioner has the following
27
functions:
28
(a) to investigate an act or practice that may be an interference
29
with the privacy of an individual under subsection 23(1) and,
30
if the Information Commissioner considers it appropriate to
31
do so, to attempt by conciliation to effect a settlement of the
32
matters that gave rise to the investigation;
33
Student identifiers Part 2
Interaction with the Privacy Act 1988 Division 6
Section 25
No. , 2014
Student Identifiers Bill 2014
17
(b) to conduct an assessment of whether the Registrar is
1
maintaining or handling student identifiers in accordance
2
with the requirements of this Act;
3
(c) to do anything incidental or conducive to the performance of
4
those functions.
5
(2) The Information Commissioner has power to do all things that are
6
necessary or convenient to be done for or in connection with the
7
performance of his or her functions under subsection (1).
8
(3) The Information Commissioner may conduct an assessment under
9
paragraph (1)(b) in such manner as the Commissioner considers fit.
10
(4) Section 56 (rather than section 12B of the Privacy Act 1988)
11
applies in relation to the matters referred to in paragraph (1)(a) or
12
(b) of this section in the same way as it applies to this Act.
13
25 Use or disclosure of personal information authorised for the
14
purposes of the Privacy Act 1988
15
(1) The use or disclosure by an entity of personal information about an
16
individual is taken, for the purposes of the Privacy Act 1988, to be
17
authorised by this Act if the use or disclosure is for the purposes of
18
the Registrar performing his or her functions or exercising his or
19
her powers.
20
(2) The use or disclosure by the Registrar of personal information
21
about an individual is taken, for the purposes of the Privacy Act
22
1988, to be authorised by this Act if the use or disclosure is for the
23
purposes of research:
24
(a) that relates (directly or indirectly) to education or training, or
25
that requires the use of student identifiers or information
26
about education or training; and
27
(b) that meets the requirements specified by the Ministerial
28
Council.
29
Part 3 Authenticated VET transcripts
Section 26
18
Student Identifiers Bill 2014
No. , 2014
Part 3--Authenticated VET transcripts
1
2
26 Simplified outline of this Part
3
An individual's authenticated VET transcript is a document
4
prepared by the Student Identifiers Registrar that sets out
5
information that relates to vocational education and training
6
undertaken by the individual and is prescribed by the regulations.
7
On request, the Registrar may give access to all or part of an
8
authenticated VET transcript of an individual who has a student
9
identifier to the individual, a registered training organisation or a
10
VET-related body. However, access by such an organisation or
11
body is subject to access controls set by the individual.
12
27 Individual may be given access to an authenticated VET
13
transcript etc.
14
(1) The Registrar may, on request, give an individual who has been
15
assigned a student identifier access to:
16
(a) an authenticated VET transcript of the individual; or
17
(b) an extract from an authenticated VET transcript of the
18
individual.
19
(2) The request must:
20
(a) be made in a manner and form approved by the Registrar;
21
and
22
(b) include any information required by the Registrar; and
23
(c) if the request is for an extract--specify the information to be
24
excluded from the extract.
25
(3) If the Registrar refuses to give access under subsection (1), the
26
Registrar must give the individual written notice of the decision
27
and the reasons for the decision.
28
Authenticated VET transcripts Part 3
Section 28
No. , 2014
Student Identifiers Bill 2014
19
28 Registered training organisation or VET-related body may be
1
given access to an authenticated VET transcript etc.
2
(1) The Registrar may, on request, give a registered training
3
organisation or VET-related body access to:
4
(a) an authenticated VET transcript of an individual who has
5
been assigned a student identifier; or
6
(b) an extract from an authenticated VET transcript of an
7
individual who has been assigned a student identifier;
8
in accordance with the access controls set by the individual.
9
(2) The request must:
10
(a) be made in a manner and form approved by the Registrar;
11
and
12
(b) include any information required by the Registrar.
13
(3) The Registrar must not give access under subsection (1) unless
14
access controls have been set by the individual.
15
(4) If the Registrar refuses to give access under subsection (1), the
16
Registrar must give the registered training organisation or
17
VET-related body written notice of the decision and the reasons for
18
the decision.
19
29 Requirement relating to extracts from authenticated VET
20
transcripts
21
(1) If the Registrar gives access to an extract from an authenticated
22
VET transcript of an individual, the extract must include a
23
statement that it is an extract.
24
(2) Subsection (1) does not apply if:
25
(a) the only information not included in the extract is
26
information of a kind prescribed by the regulations; or
27
(b) the Registrar considers that it is not appropriate for the
28
extract to include a statement that it is an extract.
29
Part 4 Student Identifiers Registrar etc.
Division 1 Simplified outline of this Part
Section 30
20
Student Identifiers Bill 2014
No. , 2014
Part 4--Student Identifiers Registrar etc.
1
Division 1--Simplified outline of this Part
2
30 Simplified outline of this Part
3
There must be a Student Identifiers Registrar appointed by the
4
Commonwealth Minister after consulting the Ministerial Council.
5
The Registrar's functions include the following:
6
(a)
assigning student identifiers to individuals;
7
(b)
verifying or giving an individual's student identifier;
8
(c)
preparing and providing access to individuals'
9
authenticated VET transcripts;
10
(d)
enabling individuals with student identifiers to set access
11
controls on their authenticated VET transcripts.
12
The Registrar is to be assisted by staff from the Department and by
13
other staff and consultants under arrangements made by the
14
Registrar.
15
There is a Student Identifiers Special Account, to be used for
16
meeting the Commonwealth's costs in the performance of the
17
Registrar's functions.
18
The Registrar is to report annually to the Commonwealth Minister
19
and the Ministerial Council.
20
Student Identifiers Registrar etc. Part 4
Student Identifiers Registrar Division 2
Section 31
No. , 2014
Student Identifiers Bill 2014
21
Division 2--Student Identifiers Registrar
1
Subdivision A--Functions and powers
2
31 Student Identifiers Registrar
3
There is to be a Student Identifiers Registrar.
4
32 Functions of the Registrar
5
(1) The Registrar has the following functions:
6
(a) to assign student identifiers to individuals;
7
(b) to verify or give a student identifier of an individual;
8
(c) to prepare and provide access to authenticated VET
9
transcripts of individuals or extracts from such transcripts;
10
(d) to ensure that a record of all student identifiers is kept in such
11
form as the Registrar considers appropriate;
12
(e) to resolve problems that have occurred in relation to the
13
assignment of student identifiers, including cases where:
14
(i) an individual has been assigned more than one student
15
identifier; or
16
(ii) the same student identifier has been assigned to 2 or
17
more individuals;
18
(f) to establish and maintain a mechanism to enable an
19
individual who has been assigned a student identifier to set
20
controls (the access controls) on:
21
(i) the registered training organisations and VET-related
22
bodies that may request access to an authenticated VET
23
transcript of the individual; and
24
(ii) the registered training organisations and VET-related
25
bodies that may request access to an extract from an
26
authenticated VET transcript of the individual and the
27
content of the extract;
28
(g) any other functions conferred on the Registrar by this Act,
29
the regulations or any other law of the Commonwealth;
30
(h) to do anything incidental or conducive to the performance of
31
those functions.
32
Part 4 Student Identifiers Registrar etc.
Division 2 Student Identifiers Registrar
Section 33
22
Student Identifiers Bill 2014
No. , 2014
(2) The Registrar has power to do all things that are necessary or
1
convenient to be done for or in connection with the performance of
2
his or her functions.
3
33 Commonwealth Minister may give directions to the Registrar
4
(1) The Commonwealth Minister may, by legislative instrument, give
5
written directions to the Registrar about the performance of the
6
Registrar's functions.
7
Note:
Section 42 (disallowance) and Part 6 (sunsetting) of the Legislative
8
Instruments Act 2003 do not apply to the directions (see sections 44
9
and 54 of that Act).
10
(2) The Registrar must comply with a direction under subsection (1).
11
(3) Before giving a direction under subsection (1), the Commonwealth
12
Minister must consult the Ministerial Council.
13
Subdivision B--Appointment of Registrar
14
34 Appointment
15
(1) The Registrar is to be appointed by the Commonwealth Minister by
16
written instrument, on a full-time basis.
17
Note:
The Registrar may be reappointed: see section 33AA of the Acts
18
Interpretation Act 1901.
19
(2) Before making an appointment, the Commonwealth Minister must
20
consult the Ministerial Council.
21
35 Term of appointment
22
The Registrar holds office for the period specified in the instrument
23
of appointment. The period must not exceed 5 years.
24
36 Acting Registrar
25
(1) The Commonwealth Minister may, by written instrument, appoint
26
a person to act as Registrar:
27
Student Identifiers Registrar etc. Part 4
Student Identifiers Registrar Division 2
Section 37
No. , 2014
Student Identifiers Bill 2014
23
(a) during a vacancy in the office of Registrar (whether or not an
1
appointment has previously been made to that office); or
2
(b) during any period, or during all periods, when the Registrar:
3
(i) is absent from duty or from Australia; or
4
(ii) is, for any other reason, unable to perform the duties of
5
the office.
6
Note:
See sections 33AB and 33A of the Acts Interpretation Act 1901 for
7
rules that apply to acting appointments.
8
(2) Before the Commonwealth Minister appoints a person to act as
9
Registrar for a continuous period of 3 months or more, the Minister
10
must consult the Ministerial Council.
11
Subdivision C--Terms and conditions of appointment
12
37 Remuneration and allowances
13
(1) The Registrar is to be paid the remuneration that is determined by
14
the Remuneration Tribunal. If no determination of that
15
remuneration by the Tribunal is in operation, the Registrar is to be
16
paid the remuneration that is prescribed by the regulations.
17
(2) The Registrar is to be paid the allowances that are prescribed by
18
the regulations.
19
(3) This section has effect subject to the Remuneration Tribunal Act
20
1973.
21
38 Leave of absence
22
(1) The Registrar has the recreation leave entitlements that are
23
determined by the Remuneration Tribunal.
24
(2) The Commonwealth Minister may grant to the Registrar leave of
25
absence, other than recreation leave, on the terms and conditions as
26
to remuneration or otherwise that the Minister determines.
27
Part 4 Student Identifiers Registrar etc.
Division 2 Student Identifiers Registrar
Section 39
24
Student Identifiers Bill 2014
No. , 2014
39 Outside employment
1
The Registrar must not engage in paid employment outside the
2
duties of his or her office without the Commonwealth Minister's
3
approval.
4
40 Disclosure of interests
5
The Registrar must give written notice to the Commonwealth
6
Minister of all interests, pecuniary or otherwise, that the Registrar
7
has or acquires and that conflict or could conflict with the proper
8
performance of the Registrar's functions.
9
41 Other terms and conditions
10
The Registrar holds office on the terms and conditions (if any) in
11
relation to matters not covered by this Act that are determined by
12
the Commonwealth Minister.
13
42 Resignation
14
(1) The Registrar may resign his or her appointment by giving the
15
Commonwealth Minister a written resignation.
16
(2) The resignation takes effect on the day it is received by the
17
Commonwealth Minister or, if a later day is specified in the
18
resignation, on that later day.
19
43 Termination of appointment
20
(1) The Commonwealth Minister may terminate the appointment of
21
the Registrar:
22
(a) for misbehaviour; or
23
(b) if the Registrar is unable to perform the duties of his or her
24
office because of physical or mental incapacity.
25
(2) The Commonwealth Minister may terminate the appointment of
26
the Registrar if:
27
(a) the Registrar:
28
(i) becomes bankrupt; or
29
Student Identifiers Registrar etc. Part 4
Student Identifiers Registrar Division 2
Section 44
No. , 2014
Student Identifiers Bill 2014
25
(ii) takes steps to take the benefit of any law for the relief of
1
bankrupt or insolvent debtors; or
2
(iii) compounds with one or more of his or her creditors; or
3
(iv) makes an assignment of his or her remuneration for the
4
benefit of one or more of his or her creditors; or
5
(b) the Registrar is absent, except on leave of absence, for 14
6
consecutive days or for 28 days in any 12 months; or
7
(c) the Registrar engages, except with the Minister's approval, in
8
paid employment outside the duties of his or her office (see
9
section 39); or
10
(d) the Registrar fails, without reasonable excuse, to comply with
11
section 40.
12
(3) If the Commonwealth Minister terminates the appointment of the
13
Registrar, the Minister must notify the Ministerial Council of the
14
termination.
15
Subdivision D--Delegation
16
44 Delegation by the Registrar
17
(1) The Registrar may delegate, in writing, all or any of the Registrar's
18
functions or powers to:
19
(a) a person who is a member of the staff mentioned in
20
section 45; or
21
(b) a person to whom an arrangement under section 46 relates.
22
(2) In performing functions or exercising powers under the delegation,
23
the delegate must comply with any written directions of the
24
Registrar.
25
Part 4 Student Identifiers Registrar etc.
Division 3 Staff and consultants assisting Registrar
Section 45
26
Student Identifiers Bill 2014
No. , 2014
Division 3--Staff and consultants assisting Registrar
1
45 Staff
2
The staff necessary to assist the Registrar are to be persons
3
engaged under the Public Service Act 1999 and made available for
4
the purpose by the Secretary of the Department.
5
46 Secondment of Commonwealth, State or Territory officers etc.
6
Secondment of Commonwealth officers etc.
7
(1) The Registrar may arrange with:
8
(a) an Agency Head (within the meaning of the Public Service
9
Act 1999) of an Agency (within the meaning of that Act); or
10
(b) an authority of the Commonwealth;
11
for the services of officers or employees of the Agency or authority
12
to be made available to assist the Registrar in the performance of
13
the Registrar's functions.
14
Secondment of State or Territory officers etc.
15
(2) The Registrar may arrange with the appropriate authority of a State
16
or Territory for the services of officers or employees of the
17
following to be made available to assist the Registrar in the
18
performance of the Registrar's functions:
19
(a) the Public Service of the State or Territory;
20
(b) a body, whether incorporated or not, established by or under
21
a law of the State or Territory.
22
(3) An arrangement under subsection (2) may provide for the
23
Commonwealth to reimburse the appropriate authority of a State or
24
Territory with respect to the services of a person to whom the
25
arrangement relates.
26
Student Identifiers Registrar etc. Part 4
Staff and consultants assisting Registrar Division 3
Section 47
No. , 2014
Student Identifiers Bill 2014
27
Directions of the Registrar
1
(4) In assisting the Registrar in the performance of the Registrar's
2
functions, a person to whom an arrangement under subsection (1)
3
or (2) relates is subject to the directions of the Registrar.
4
47 Consultants
5
(1) The Registrar may, on behalf of the Commonwealth, engage
6
consultants to assist in the performance of the Registrar's
7
functions.
8
(2) The consultants are to be engaged on the terms and conditions that
9
the Registrar determines in writing.
10
Part 4 Student Identifiers Registrar etc.
Division 4 Special Account
Section 48
28
Student Identifiers Bill 2014
No. , 2014
Division 4--Special Account
1
48 Student Identifiers Special Account
2
(1) The Student Identifiers Special Account is established by this
3
section.
4
(2) The Account is a Special Account for the purposes of the Financial
5
Management and Accountability Act 1997.
6
49 Credits to the Account
7
There must be credited to the Account amounts equal to the
8
following:
9
(a) amounts allocated by the Ministerial Council in accordance
10
with the National Agreement for Skills and Workforce
11
Development between the Commonwealth, States and
12
Territories, as in force from time to time;
13
(b) amounts received by the Commonwealth in connection with
14
the performance of the Registrar's functions;
15
(c) interest received by the Commonwealth from the investment
16
of amounts debited from the Account;
17
(d) amounts of any gifts given or bequests made for the purposes
18
of the Account.
19
Note 1:
An Appropriation Act may contain a provision to the effect that, if any
20
of the purposes of a Special Account is a purpose that is covered by an
21
item in the Appropriation Act (whether or not the item expressly refers
22
to the Special Account), then amounts may be debited against the
23
appropriation for that item and credited to that Special Account.
24
Note 2:
Amounts standing to the credit of the Account may be invested under
25
section 39 of the Financial Management and Accountability Act 1997,
26
but such investments may only be made by the Finance Minister, the
27
Treasurer, or a delegate under section 62 or 62A of that Act.
28
50 Purposes of the Account
29
The purposes of the Account are as follows:
30
Student Identifiers Registrar etc. Part 4
Special Account Division 4
Section 50
No. , 2014
Student Identifiers Bill 2014
29
(a) paying or discharging the costs, expenses and other
1
obligations incurred by the Commonwealth in the
2
performance of the Registrar's functions;
3
(b) paying any remuneration and allowances payable to any
4
person under this Act;
5
(c) meeting the expenses of administering the Account.
6
Note:
See section 21 of the Financial Management and Accountability Act
7
1997 (debits from Special Accounts).
8
Part 4 Student Identifiers Registrar etc.
Division 5 Annual report
Section 51
30
Student Identifiers Bill 2014
No. , 2014
Division 5--Annual report
1
51 Annual report
2
(1) The Registrar must, as soon as practicable after the end of each
3
financial year, prepare and give to the Commonwealth Minister,
4
for presentation to the Parliament, a report on the operations of the
5
Registrar during that year.
6
Note:
See also section 34C of the Acts Interpretation Act 1901, which
7
contains extra rules about annual reports.
8
(2) The Registrar must give a copy of the report to the Ministerial
9
Council at the same time as the report is presented to the
10
Parliament.
11
(3) If this section does not commence at the start of a financial year,
12
the period:
13
(a) starting at the commencement of this section; and
14
(b) ending at the end of the first 30 June after that
15
commencement;
16
is taken, for the purposes of this section, to be a financial year.
17
Other matters Part 5
Section 52
No. , 2014
Student Identifiers Bill 2014
31
Part 5--Other matters
1
2
52 Simplified outline of this Part
3
Generally, a registered training organisation must not issue a VET
4
qualification or VET statement of attainment to an individual after
5
2014 unless the individual has a student identifier.
6
The Commonwealth Minister may exempt a public body of a State
7
or Territory from rules in this Act prohibiting unauthorised
8
collection, use and disclosure of an individual's student identifier
9
without the individual's consent if:
10
(a)
the Minister is satisfied that equivalent State or Territory
11
rules apply to the body; and
12
(b)
a Minister of the State or Territory has asked for the
13
exemption; and
14
(c)
the Ministerial Council agrees to the exemption.
15
This Act does not limit rights under other laws and does not limit
16
State and Territory laws that can operate concurrently with this
17
Act.
18
This Part also contains other rules about the constitutional scope of
19
this Act and about making regulations.
20
53 Issue of VET qualifications etc.
21
(1) A registered training organisation must not issue either of the
22
following to an individual unless the individual has been assigned a
23
student identifier:
24
(a) a VET qualification (within the meaning of the National
25
Vocational Education and Training Regulator Act 2011);
26
(b) a VET statement of attainment (within the meaning of that
27
Act).
28
Part 5 Other matters
Section 54
32
Student Identifiers Bill 2014
No. , 2014
(2) Subsection (1) does not apply to an issue specified under
1
subsection (3).
2
(3) The Commonwealth Minister may, by legislative instrument,
3
specify an issue to which subsection (1) does not apply, by
4
reference to one or more of the following:
5
(a) the registered training organisation doing the issuing;
6
(b) the VET qualification, or VET statement of attainment, being
7
issued;
8
(c) the individual to whom the VET qualification, or VET
9
statement of attainment, is being issued.
10
Note:
For specification by class, see subsection 13(3) of the Legislative
11
Instruments Act 2003.
12
(4) Before making an instrument under subsection (3), the
13
Commonwealth Minister must obtain the agreement of the
14
Ministerial Council to the making of the instrument.
15
54 Saving of other laws and remedies
16
(1) This Act is not intended to exclude or limit the operation of a law
17
of a State or Territory that is capable of operating concurrently
18
with this Act.
19
(2) Nothing in this Act limits, restricts or otherwise affects any right or
20
remedy that a person would have had if this Act had not been
21
enacted.
22
55 Disapplication of Division 5 of Part 2
23
(1) Division 5 of Part 2 does not apply to a public body of a State or
24
Territory if a declaration made under subsection (2) is in force in
25
relation to the body.
26
(2) The Commonwealth Minister may, in writing, declare that
27
Division 5 of Part 2 does not apply to a public body of a State or
28
Territory if:
29
(a) a Minister of the State or Territory requests, by written
30
notice, the Commonwealth Minister to make the declaration;
31
and
32
Other matters Part 5
Section 56
No. , 2014
Student Identifiers Bill 2014
33
(b) the Commonwealth Minister is satisfied that a corresponding
1
law of a State or Territory is in force in the State or Territory
2
and the law applies to the body; and
3
(c) the Ministerial Council agrees to the making of the
4
declaration.
5
(3) The Commonwealth Minister may, in writing, revoke a declaration
6
made under subsection (2) in relation to a public body of a State or
7
Territory if:
8
(a) a Minister of the State or Territory requests, by written
9
notice, the Commonwealth Minister to do so; or
10
(b) both of the following apply:
11
(i) the Commonwealth Minister is satisfied that a
12
corresponding law of a State or Territory is no longer in
13
force in the State or Territory or no longer applies to the
14
body;
15
(ii) the Ministerial Council agrees to the revocation of the
16
declaration.
17
(4) A declaration under subsection (2), and a revocation of a
18
declaration under subsection (3), are legislative instruments, but
19
neither section 42 (disallowance) nor Part 6 (sunsetting) of the
20
Legislative Instruments Act 2003 applies to the declaration or
21
revocation.
22
56 Severability
23
(1) Without limiting its effect apart from each of the following
24
subsections of this section, this Act also has effect as provided by
25
that subsection.
26
(2) This Act also has the effect it would have if its operation were
27
expressly confined to matters:
28
(a) in relation to which the Commonwealth is under an
29
obligation under an international agreement, including
30
Article 17 of the International Covenant on Civil and
31
Political Rights, done at New York on 16 December 1966; or
32
(b) that are of international concern, including the matters dealt
33
with in paragraphs 9, 10 and 11 of the Guidelines governing
34
Part 5 Other matters
Section 56
34
Student Identifiers Bill 2014
No. , 2014
the Protection of Privacy and Transborder Flows of Personal
1
Data, recommended by the Council of the Organisation for
2
Economic Co-operation and Development on 11 July 2013.
3
Note 1:
The Covenant is in Australian Treaty Series 1980 No. 23 ([1980] ATS
4
23) and could in 2014 be viewed in the Australian Treaties Library on
5
the AustLII website (http://www.austlii.edu.au).
6
Note 2:
The Guidelines could in 2014 be viewed on the Organisation for
7
Economic Co-operation and Development website
8
(http://www.oecd.org).
9
(3) This Act also has the effect it would have if its operation were
10
expressly confined to acts or omissions that occur outside
11
Australia.
12
(4) This Act also has the effect it would have if its operation were
13
expressly confined to entities that are corporations to which
14
paragraph 51(xx) of the Constitution applies.
15
(5) This Act also has the effect it would have if its operation were
16
expressly confined to acts or omissions that relate to aliens.
17
(6) This Act also has the effect it would have if its operation were
18
expressly confined to acts or omissions done for purposes relating
19
to census or statistics.
20
(7) This Act also has the effect it would have if its operation were
21
expressly confined to acts done using a postal, telegraphic,
22
telephonic or other like service.
23
(8) This Act also has the effect it would have if its operation were
24
expressly confined to acts or omissions done in connection with the
25
provision of benefits to students.
26
(9) This Act also has the effect it would have if its operation were
27
expressly confined to acts or omissions that occur in a Territory.
28
(10) This Act also has the effect it would have if its operation were
29
expressly confined to acts or omissions done in the course of trade
30
or commerce:
31
(a) between Australia and other countries; or
32
(b) among the States; or
33
Other matters Part 5
Section 57
No. , 2014
Student Identifiers Bill 2014
35
(c) between a Territory and a State or another Territory.
1
(11) A term used in this section and the Constitution has the same
2
meaning in this section as it has in the Constitution.
3
57 Regulations
4
(1) The Governor-General may make regulations prescribing matters:
5
(a) required or permitted by this Act to be prescribed; or
6
(b) necessary or convenient to be prescribed for carrying out or
7
giving effect to this Act.
8
(2) Before the Governor-General makes regulations under
9
subsection (1), the Commonwealth Minister must obtain the
10
agreement of the Ministerial Council to the making of the
11
regulations.
12
(3) Despite subsection 14(2) of the Legislative Instruments Act 2003,
13
the regulations made under subsection (1) of this section may make
14
provision in relation to a matter by applying, adopting or
15
incorporating, with or without modification, a matter contained in
16
an instrument or other writing as in force or existing from time.
17