Commonwealth of Australia Explanatory Memoranda

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NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR (CONSEQUENTIAL AMENDMENTS) BILL 2011

                                         2011

       THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA


                         HOUSE OF REPRESENTATIVES



 NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR
          (CONSEQUENTIAL AMENDMENTS) BILL 2011


                            ADDENDUM TO THE
                        EXPLANATORY MEMORANDUM

The following addenda respond to the Senate Standing Committee for the Scrutiny of
Bills, Third Report of 2011, dated 23 March 2011.

After the explanation for Item 29 of Schedule 1, add the following:

`The proposed new sections 176B(2) and 176C(2) of the Education Services for
Overseas Students Act 2000 do not oblige the Minister, when making legislative
instruments under those provisions, to apply, adopt or incorporate matters contained
in another instrument or writing. The Minister would only do so where appropriate.
 If the Minister did so, there would not appear to be any prospect of that creating
uncertainty to the law or leading to those affected having inadequate access to its
terms. This is because it is envisaged that both the NVR and the Tertiary Education
Quality Standards Agency would publicise on their websites the current versions of
any document incorporated by reference in the legislative instruments in question.'

After the explanation for Item 39 of Schedule 1, add the following:

`The proposed new subclause 17(4) of the Higher Education Support Act 2003
(HESA) does not oblige the Minister to apply, adopt or incorporate matters contained
in another instrument or writing, and the Minister would only do so where
appropriate. If the Minister did so, there would not appear to be any prospect of that
creating uncertainty to the law or leading to those affected having inadequate access
to its terms.

This is because it is envisaged that for the purpose of subclause 17(2) of Schedule 1A
of HESA the requirements referred to in the VET Provider Guidelines made under
clause 99 of Schedule 1A of HESA would be those in either:

   (a) For training organisations which are registered with the NVR - the legislative
       instruments regarding standards for NVR Registered Training Organisations,
       and regarding Fit and Proper Person Requirements, made under clauses 185
       and 186 respectively of the main NVR Bill. The content of those instruments
    must be agreed by MCTEE. It is envisaged that these instruments would be
    well publicised by the NVR on its website. The requirements in the
    instrument under clause 185 will be very similar to those in the Australian
    Qualifications Training Framework (AQTF). One of the reasons to embody
    the AQTF requirements in the instrument under clause 185 is so that the
    requirements can be made clearer and more precise in form, leading to greater
    certainty about their application. (The requirements in the instrument under
    clause 186 are not currently included in the AQTF); and

(b) For RTOs which will continue to be regulated by non-referring States - the
    Australian Qualifications Training Framework (AQTF), at least for the time
    being. It is possible that in future the non-referring States will enact mirroring
    legislation requiring their RTOs to comply with the requirements in the
    instruments under clauses 185 and 186 (as is envisaged by the current draft
    Intergovernmental Agreement regarding the NVR). The current AQTF is well
    publicised, being referred to on the home page of the training.com.au website
    among other places, and available in full on that website. The AQTF could
    only be amended with the agreement of the MCTEE. It is unlikely that the
    AQTF will be amended in the interim period between when the requirements
    in the instruments under clauses 185 and 186 come into effect, and when non-
    referring States enact mirroring legislation, should they enact mirror
    legislation. If the AQTF was amended, the only likely change would be to
    make the requirements in the AQTF the same as those in the instruments
    under clauses 185 and 186.'




(Circulated by authority of the Minister for Tertiary Education, Skills, Jobs and
          Workplace Relations, Senator the Honourable Chris Evans)