Vocational Education and Training Amendment Act 1999

Vocational Education and Training Amendment Act 1999

An Act to amend the Vocational Education and Training Act 1994

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Vocational Education and Training Amendment Act 1999 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Vocational Education and Training Act 1994 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by omitting the definition of accredited course and substituting the following definition:

accredited training program means a training program accredited or recognised by the Accreditation and Recognition Committee;

(b) by omitting the definition of award ;

(c) by omitting the definition of Director and substituting the following definition:

dispute means a dispute relating to the terms, conditions or operation of a training agreement;

(d) by inserting "or established as such under section 21A " after " section 21 " in the definition of industry training advisory body ;

(e) by omitting the definitions of institute and institute council ;

(f) by inserting the following definitions after the definition of National Strategic Plan :

person includes –

(a) a State school as defined in the Education Act 1994 ; and

(b) a group of State schools; and

(c) a department or part or division of a department as defined in the Administrative Arrangements Act 1990 ; and

(d) an Agency or part or division of an Agency within the meaning of the Tasmanian State Service Act 1984 ;

qualification means official recognition of a successful completion of part or all of a training program;

quality assurance means the process by which the delivery of required products and services is assured to be of the required quality;

(g) by omitting the definition of State Training Profile and substituting the following definition:

State Training Plan means a plan for the provision of vocational education and training;

(h) by omitting the definition of training course and substituting the following definition:

training program means –

(a) a program directed to the development or achievement of competencies; and

(b) assessment of competencies;

(i) by omitting "training courses" from the definition of training provider and substituting "a training program";

(j) by omitting the definition of vocation ;

(k) by omitting "secondary education or" from the definition of vocational education and training ;

(l) by omitting the definition of vocational placement and substituting the following definition:

vocational placement means a placement that provides paid or unpaid employment at the work place as part of an accredited training program for a period of less than 240 hours in a 12 month period;

5.    Section 4 amended (Vocational education and training)

Section 4(2) of the Principal Act is amended as follows:

(a) by omitting from paragraph (a) "courses" and substituting "programs";

(b) by omitting from paragraph (b) "courses" and substituting "training programs";

(c) by omitting from paragraph (c) "courses" and substituting "training programs";

(d) by omitting from paragraph (d) "courses" and substituting "programs".

6.    Section 5 amended (State Training Plan)

Section 5 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "Profile" and substituting "Plan";

(b) by omitting from subsection (2) "Profile" and substituting "Plan";

(c) by omitting from subsection (3) "Profile" and substituting "Plan";

(d) by omitting from subsection (4) "Profile" and substituting "Plan".

7.    Section 7 amended (Functions and powers of Training Authority)

Section 7(1)(f) of the Principal Act is amended by omitting "Profiles" and substituting "Plans".

8.    Section 11 amended (Payment of funds from ANTA)

Section 11 of the Principal Act is amended by omitting "Profiles" and substituting "Plans".

9.    Section 16A inserted

After section 16 of the Principal Act , the following section is inserted in Division 1:

16A.   Directions by Training Agreements Committee

(1)  The Training Agreements Committee, by notice in writing served on a party to a training agreement or vocational placement, may give directions in relation to any matter relating to a training agreement or a vocational placement.

(2)  A person must comply with a direction.

Penalty:  Fine not exceeding 10 penalty units.

10.    Section 18 amended (Functions and powers of Accreditation and Recognition Committee)

Section 18(1) of the Principal Act is amended as follows:

(a) by omitting paragraph (a) ;

(b) by omitting from paragraph (b) "courses" and substituting "training programs";

(c) by omitting from paragraph (c) "recognition of accredited courses" and substituting "accredited training programs";

(d) by omitting paragraphs (e) and (f) and substituting the following paragraph:

(e) to ensure the quality of service provided by training providers is maintained;

11.    Section 19A inserted

After section 19 of the Principal Act , the following section is inserted in Division 2:

19A.   Directions by Accreditation and Recognition Committee

(1)  The Accreditation and Recognition Committee, by notice in writing served on a registered training provider, may give directions in relation to any matter relating to training programs and training providers.

(2)  A registered training provider must comply with a direction.

Penalty:  Fine not exceeding 10 penalty units.

12.    Sections 21A and 21B inserted

After section 21 of the Principal Act , the following sections are inserted in Division 3:

21A.   Establishment of industry training advisory body

(1)  The Minister, after consultation with the Training Authority, may establish an industry training advisory body.

(2)  The Minister may appoint persons as members of an industry training advisory body on any terms and conditions the Minister considers appropriate.

(3)  The Minister may remove a member of an industry training advisory body if the Minister considers it appropriate to do so.

(4)  An industry training advisory body established under this section –

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

(c) may sue and be sued in its corporate name; and

(d) is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions or exercising its powers; and

(e) is capable of doing anything that a body corporate may do that is necessary or expedient for performing its functions or exercising its powers.

(5)  The Minister may abolish an industry training advisory body established under this section.

(6)  The Minister is to cause the establishment of an industry training advisory body or the abolishment of that body to be notified in the Gazette.

(7)  The establishment or abolishment of an industry training advisory body takes effect on the date on which it is notified in the Gazette.

21B.   Constitution of industry training advisory body

(1)  An industry training advisory body established under section 21A is to submit its constitution to the Minister for approval.

(2)  The Minister may require the industry training advisory body to amend any provision of its constitution.

(3)  The Minister may approve the constitution with or without any amendments.

13.    Section 25 amended (Registration of providers)

Section 25 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "an award" and substituting "a qualification";

(b) by inserting the following paragraph after paragraph (a) in subsection (3) :

(ab) supported by evidence of quality assurance undertaken; and

(c) by omitting paragraph (d) from subsection (5) and substituting the following paragraph:

(d) any quality assurance measures taken or proposed to be taken by the applicant;

14.    Section 26A inserted

After section 26 of the Principal Act , the following section is inserted in Part 4:

26A.   Variation of and compliance with conditions

(1)  The Accreditation and Recognition Committee, by notice in writing served on a registered training provider, may vary any condition imposed under section 25(4) .

(2)  A registered training provider must comply with any condition imposed under section 25(4) or varied under this section.

Penalty:  Fine not exceeding 10 penalty units.

15.    Section 27 amended (Training programs, assessments and awards)

Section 27 of the Principal Act is amended by omitting paragraph (c) and substituting the following paragraph:

(c) issue a qualification in respect of that training program.

16.    Section 28 amended (Revocation of registration)

Section 28 of the Principal Act is amended by omitting subsection (5) .

17.    Sections 28A and 28B inserted

After section 28 of the Principal Act , the following sections are inserted in Part 4:

28A.   Suspension of registration

(1)  The Accreditation and Recognition Committee, by notice served on a training provider, may suspend the registration of the training provider if satisfied that it is desirable to do so.

(2)  A period of suspension is for a period, not exceeding 6 months, specified in the notice.

28B.   Surrender of registration

(1)  A registered training provider may apply to the Accreditation and Recognition Committee for surrender of the registration.

(2)  The Accreditation and Recognition Committee may –

(a) accept the application for surrender; or

(b) refuse to accept the application .

(3)  On acceptance of the application for surrender of the registration of a registered training provider –

(a) the certificate of registration ceases to have effect; and

(b) the training provider is to return the certificate to the Accreditation and Recognition Committee.

18.    Part 5: Heading amended

Part 5 of the Principal Act is amended by omitting "COURSES AND AWARDS" from the heading to that Part and substituting "TRAINING PROGRAMS AND QUALIFICATIONS".

19.    Section 29 amended (Application for accreditation of training programs)

Section 29(4)(d) of the Principal Act is amended by omitting "award proposed to be provided" and substituting "qualification proposed to be issued".

20.    Section 30 amended (Certificate of accreditation)

Section 30(2)(a) of the Principal Act is amended by omitting "the course or courses" and substituting "any training program".

21.    Section 32 repealed

Section 32 of the Principal Act is repealed.

22.    Part 6: Heading amended

Part 6 of the Principal Act is amended by omitting "COURSES" from the heading to that Part and substituting "PROGRAMS".

23.   Sections 33 and 34 substituted

Sections 33 and 34 of the Principal Act are repealed and the following sections are substituted:

33.   Declared qualifications for training agreements

The Minister, by order and on the recommendation of the Training Authority, may declare that a qualification or a set of qualifications is one in respect of which a training agreement may be made before an employer provides a training program.

34.   Training programs

An employer must not undertake to train a person in respect of a qualification or set of qualifications declared under section 33 without entering into a training agreement with that person approved by the Training Agreements Committee.

Penalty:  Fine not exceeding 10 penalty units.

24.    Section 35 amended (Training agreements)

Section 35 of the Principal Act is amended as follows:

(a) by omitting paragraph (a) from subsection (1) ;

(b) by omitting paragraph (b) from subsection (1) and substituting the following paragraph:

(b) the qualification is to be issued;

(c) by omitting from subsection (2) "14" and substituting "21";

(d) by omitting subsection (4) .

25.    Section 37 amended (Transfer of training agreement)

Section 37 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "vocation" and substituting "qualification or set of qualifications";

(b) by omitting from subsection (2) "vocation" and substituting "qualification or set of qualifications".

26.    Section 39 amended (Temporary release)

Section 39 of the Principal Act is amended by inserting after subsection (3) the following subsection:

(4)  A training agreement is extended by any period of temporary release unless the Training Agreements Committee determines otherwise.

27.   Sections 43 and 44 substituted

Sections 43 and 44 of the Principal Act are repealed and the following sections are substituted:

43.   Participation in training

A trainee is to participate in –

(a) any accredited training program covered by the training agreement; and

(b) any other accredited training program the Training Agreements Committee directs.

44.   Qualification

The Training Authority may issue a qualification in respect of an accredited training program required under a training agreement.

28.   Sections 45 and 46 substituted

Sections 45 and 46 of the Principal Act are repealed and the following sections are substituted:

45.   Declared qualifications for vocational placement agreements

The Minister, by order and on the recommendation of the Training Authority, may declare that a qualification or a set of qualifications is one in respect of which a vocational placement agreement must be made before an employer provides a vocational placement.

46.   Vocational placement

An employer must not provide a vocational placement in respect of a qualification or set of qualifications declared under section 45  –

(a) without entering into a vocational placement agreement with a training provider; and

(b) without the approval of the relevant trade union.

Penalty:  Fine not exceeding 10 penalty units.

29.    Section 47 amended (Vocational placement agreements)

Section 47 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

(2)  A registered training provider may enter into a vocational placement agreement if satisfied that –

(a) the place of work meets the requirements specified in any other Act; and

(b) the employer is able to provide training and adequate supervision; and

(c) the training provider is able to provide adequate supervision of the trainee.

30.   Sections 48, 49 and 50 repealed

Sections 48, 49 and 50 of the Principal Act are repealed.

31.    Section 68 amended (Disputes relating to training and vocational placement agreements)

Section 68 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "arising from the terms, conditions or operation of the training agreement";

(b) by inserting in subsection (6) "decide to" after "may";

(c) by omitting from subsection (6)(d) "agreement." and substituting "agreement; or";

(d) by inserting the following paragraph after paragraph (d) in subsection (6) :

(e) give any directions to either party or both parties to the training agreement or vocational placement agreement.

(e) by inserting the following subsection after subsection (6) :

(7)  The Training Agreements Committee, in hearing and determining a dispute, is to be constituted by at least 3 members.

32.    Section 70 amended (Search warrants)

Section 70(3) of the Principal Act is amended by omitting "courses" and substituting "training programs".

33.    Section 75 amended (Register)

Section 75 of the Principal Act is amended as follows:

(a) by omitting from paragraph (a) "or vocational placement agreement";

(b) by omitting from paragraph (b) "or vocational placement agreement".

34.    Section 79 amended (Immunity from liability)

Section 79 of the Principal Act is amended by omitting paragraphs (e) and (f) .

35.   Substitution of "course" by "program"

Each of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "course" on the number of occurrences specified in Column 2 of that Schedule and substituting "program".

36.   Substitution of "course" by "training program"

Each of the provisions of the Principal Act specified in Column 1 of Schedule 2 is amended by omitting "course" on the number of occurrences specified in Column 2 of that Schedule and substituting "training program".

SCHEDULE 1 - Substitution of "course" by "program"

Section 35

SCHEDULE 2 - Substitution of "course" by "training program"

Section 36

[Second reading presentation speech made in:

House of Assembly on 23 NOVEMBER 1999

Legislative Council on 30 NOVEMBER 1999]