Victorian Qualifications Authority (National Registration) Act 2004
Victorian Legislation and Parliamentary Documents
i
Victorian Qualifications Authority (National
Registration) Act 2004
Act No. 27/2004
TABLE OF PROVISIONS
Section Page
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Functions of Authority 6
5. New section 20A inserted 7
20A. National Register 7
6. Investigation of courses 8
7. Accreditation of courses 8
8. New section 22A inserted 9
22A. Cancellation of accreditation 9
9. Applications for registration of providers on State and National
Registers 10
10. New Division 2A inserted in Part 3 11
Division 2A—National Registration 11
23B. Application of Division 11
23C. Registration and national effect of registration 11
23D. Applying in Victoria for registration 11
23E. Decision about registration 12
23F. Registration conditions 14
23G. Term of registration 16
23H. Amending registration on application by registered
training organisation 16
23I. Removal of registered details on registration expiry or on
application 17
23J. Amending, suspending or cancelling registration
without application 18
23K. Cancelling registration on change of business
operations 20
23L. Effect of suspension of registration of RTO 20
23M. Registering body to register amendment, suspension
or cancellation 21
23N. Audit of RTO registered by the Authority 22
23O. Audit of RTO registered by another registering body 22
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23P. Conduct of audit 23
23Q. Powers not limited by compliance audit provisions 23
23R. Function or power may be used to support national
scheme 24
11. New section 33A inserted 25
33A. Information may be made available to other registering
bodies 25
12. Offences relating to State registration 25
13. New sections 26A and 26B inserted 26
26A. Offence to falsely claim to be an RTO 26
26B. Offence to falsely claim to provide an accredited course 28
14. New Part 6 inserted 28
PART 6—TRANSITIONAL PROVISIONS 28
41. Transitional provisions—National Register 28
15. Vocational Education and Training Act 1990 29
16. Statute law revision 30
═══════════════
ENDNOTES 31
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Victorian Qualifications Authority
(National Registration) Act 2004†
[Assented to 25 May 2004]
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Victorian Qualifications Authority Act 2000 to
provide for a national scheme of registration of—
(a) training organisations providing vocational
education and training and further education;
(b) vocational education and training and further
education courses;
Victoria
No. 27 of 2004
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(c) vocational education and training and further
education qualifications.
2. Commencement
(1) Section 1, this section and section 16 come into
operation on the day after the day on which this
Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision of this Act does not come into
operation before 1 July 2005, it comes into
operation on that day.
3. Definitions
(1) In section 3 of the Victorian Qualifications
Authority Act 2000, insert the following
definitions—
' "accreditation" includes renewed accreditation;
"accredited" means—
(a) in relation to a vocational education and
training or further education course,
registered on the State Register and
National Register;
(b) in relation to any other course,
registered as accredited on the State
Register as being suitable for the
purposes of a qualification;
"amended" includes varied, altered and replaced;
"ANTA" means the Australian National Training
Authority established under the Australian
National Training Authority Act 1992 of the
Commonwealth;
s. 2
See:
Act No.
97/2000.
Reprint No. 1
as at
1 January
2004.
LawToday:
www.dms.
dpc.vic.
gov.au
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"ANTA agreement" means the agreement
defined in section 4(1) of the Australian
National Training Authority Act 1992 of the
Commonwealth;
"AQF" means the framework known as the
'Australian Qualifications Framework'
endorsed by the Ministerial Council on
Education, Employment, Training and Youth
Affairs to commence on 1 January 1995, as
amended from time to time;
"AQTF" means the policy framework entitled
'Australian Quality Training Framework' that
defines the criteria and standards for the
registration of training organisations and the
accreditation of courses in the vocational
education and training sector endorsed by the
ministerial council on 8 June 2001, and that
policy framework as amended from time to
time;
"condition", in relation to an RTO, means—
(a) a condition or limitation on all or some
of the operations of an RTO; or
(b) a restriction;
"corresponding law" means—
(a) if a regulation prescribes a law of
another jurisdiction as the
corresponding law for the purposes of
this definition, the law prescribed under
the regulation; or
(b) otherwise, a law of another jurisdiction
that corresponds with this Act or a
provision of this Act;
"jurisdiction" means Victoria or, if it has enacted
a corresponding law, another State or
internal Territory;
s. 3
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"legislative compliance standard" is the
standard included in the RTO standards
requiring that an RTO ensures that
compliance with Commonwealth, State and
Territory legislation and regulatory
requirements relevant to its operations is
integrated into its policies and procedures
and that compliance is maintained;
"ministerial council" means the council
consisting of the Ministers from each State
and the Commonwealth responsible for
vocational education and training operating
in accordance with the ANTA agreement;
"National Register" means the National Training
Information Service maintained by the
Australian National Training Authority to the
extent that the Register consists of matters
registered in accordance with this Act;
"prohibition", in relation to an RTO, means a
prohibition on all or some of the operations
of the RTO;
"qualification" means—
(a) in relation to vocational education and
training or further education, formal
certification by an RTO and under the
AQF that a person has achieved all the
units of competencies or modules
comprising learning outcomes stated
for the qualification in—
(i) a nationally endorsed training
package for which details of the
qualification have been registered
by ANTA; or
(ii) an accredited course that provides
training for the qualification; and
s. 3
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(b) in relation to any other education or
training, means the recognition, by the
award or issue of a certificate or
otherwise, that a student has achieved
particular learning outcomes or
competencies;
"registered", in relation to vocational education
and training or further education, includes
registered on the National Register;
"registering body", in relation to vocational
education and training or further education,
means the Authority or a body equivalent to
the Authority in another jurisdiction
responsible for the registration of training
organisations under that jurisdiction's
legislation relating to vocational education
and training;
"registration", in relation to an RTO, includes
renewed registration;
"restriction", in relation to an RTO, means a
restriction on all or some of the operations of
an RTO or a prohibition;
"RTO" means a training organisation registered
on the National Register;
"RTO standards" means the standards for
registered training organisations adopted on
8 June 2001 by the ministerial council under
the Australian Quality Training Framework
endorsed by the council on that date;
"statement of attainment", in relation to
vocational education and training or further
education, means formal certification by an
RTO under the AQF that a person has
achieved—
(a) part of a qualification; or
s. 3
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(b) one or more units of competency from
a nationally endorsed training package;
or
(c) all the units of competency or modules
comprising learning outcomes for an
accredited course that does not meet the
requirements for a qualification;
"State Register" means the State Register of
Accredited Courses and Recognised
Qualifications maintained under section 19;
"unit of competency", in relation to vocational
education and training or further education,
means a specification of knowledge and skill
and their application to a specified standard
of performance;'.
(2) In section 3 of the Victorian Qualifications
Authority Act 2000, the definitions of
"accredited", "qualification" and "Register" are
repealed.
4. Functions of Authority
After section 6(1)(d) of the Victorian
Qualifications Authority Act 2000 insert—
"(da) register on the National Register—
(i) approved providers of vocational
education and training and further
education;
(ii) accredited courses in vocational
education and training and further
education;
(db) conduct audits of training organisations;".
s. 4
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5. New section 20A inserted
After section 20 of the Victorian Qualifications
Authority Act 2000 insert—
"20A. National Register
(1) The Authority must register on the National
Register a person who is registered as an
education and training organisation under
section 20 with respect to a course or
qualification in vocational education and
training or further education.
(2) The Authority may register a person on the
National Register as a training organisation
that provides, within its scope of
registration—
(a) training and assessments resulting in
the issue of qualifications or statements
of attainment by the organisation; or
(b) assessments resulting in the issue of
qualifications or statements of
attainment by the organisation.
(3) The Authority must register on the National
Register a vocational education and training
course or a further education course that is
registered as accredited on the State Register.
(4) If the accreditation of a vocational education
and training course or a further education
course that was registered on the National
Register by the Authority expires, the
Authority must remove the registered details
of the course from the National Register.
s. 5
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(5) If the Authority cancels the accreditation of a
vocational education and training course or a
further education course that was registered
on the State Register and the National
Register by the Authority, the Authority
must remove the registered details of the
course from the National Register.".
6. Investigation of courses
After section 21(4) of the Victorian
Qualifications Authority Act 2000 insert—
"(5) Despite sub-section (2), the Authority may
consider an application from any person in
relation to a course or part of a course in
vocational education and training or further
education.
(6) An application must be in the form approved
by the Authority and accompanied by any
fee fixed by the Minister for the application
and investigation of the course.
(7) The applicant must give the Authority any
further information it requires to investigate
the course and decide the application.".
7. Accreditation of courses
(1) In section 22 of the Victorian Qualifications
Authority Act 2000 for "A course or part of a
course may be accredited if" substitute "The
Authority may accredit a course if it is satisfied".
(2) At the end of section 22 of the Victorian
Qualifications Authority Act 2000 insert—
"(2) The Authority must also apply the standards
for accreditation of courses adopted on
8 June 2001 by the ministerial council under
the AQTF in deciding an application for
accreditation of a course or part of a course
s. 6
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in vocational education and training or
further education.
(3) Sub-sections (1) and (2) do not limit the
grounds on which the Authority may refuse
to grant an application.
(4) If the Authority decides to grant the
application it must immediately register the
course on the State Register.
(5) If the Authority decides not to grant the
application it must immediately give the
applicant a notice of the decision and a copy
of the written report on the content and
educational standard of the course prepared
under section 21.
(6) The Authority may accredit a course in
vocational education and training or further
education for a period not exceeding 5 years
and may renew the accreditation if an
application for renewal is made before the
accreditation expires.".
8. New section 22A inserted
After section 22 of the Victorian Qualifications
Authority Act 2000 insert—
"22A. Cancellation of accreditation
(1) The Authority may cancel the accreditation
of a course in vocational education and
training or further education that was
accredited by the Authority if it is of the
opinion that the course no longer complies
with the standards for accreditation of
courses adopted on 8 June 2001 by the
ministerial council under the AQTF.
s. 8
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(2) The Authority must notify the person who
applied for accreditation of the course of the
cancellation of the accreditation and the
reasons for the cancellation.".
9. Applications for registration of providers on State
and National Registers
After section 23(2A) of the Victorian
Qualifications Authority Act 2000 insert—
"(2B) An application must be in the form approved
by the Authority and accompanied by any
fee fixed by the Minister for the application.
(2C) The applicant must give the Authority any
further information it requires to investigate
and decide the application.
(2D) A person who has applied under Division 2A
for registration of an education or training
organisation with respect to vocational
education and training or further education is
to be treated by the Authority as having also
applied in accordance with this Division for
registration on the State Register.
(2E) The provisions of Division 2A apply to and
in relation to the application of a person
referred to in sub-section (2D) and any
registration of that person on the National
Register in addition to the requirements of
this Division.".
s. 9
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10. New Division 2A inserted in Part 3
After section 23A of the Victorian Qualifications
Authority Act 2000 insert—
'Division 2A—National Registration
23B. Application of Division
(1) This Division only applies to vocational
education and training and further education.
(2) If there is any inconsistency between the
requirements of this Division and Division 2,
the provisions of this Division prevail to the
extent of the inconsistency.
23C. Registration and national effect of
registration
A training organisation or a course is to be
treated as being registered on the National
Register, to the extent that details of the
training organisation or course are recorded
on the National Register—
(a) for the purposes of this Act, by the
Authority;
(b) for the purposes of a corresponding law
of another jurisdiction by the body
responsible for registering providers of
education or training or accrediting
courses in that jurisdiction;
(c) for the purposes of this Act, a
corresponding law or a regulation made
under this Act or a corresponding law,
by ANTA or another entity.
23D. Applying in Victoria for registration
(1) A person may apply to the Authority for
registration on the National Register as a
training organisation.
s. 10
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(2) A person who has applied under section 23
for registration of an education or training
organisation with respect to vocational
education and training or further education is
to be treated by the Authority as having also
applied in accordance with this Division for
registration on the National Register.
(3) The provisions of this Division apply to and
in relation to the application of a person
referred to in sub-section (2) and any
registration of that person on the State
Register in addition to the requirements of
Division 2.
23E. Decision about registration
(1) On an application for registration, the
Authority may register the applicant as a
training organisation on the National
Register, or refuse to do so.
(2) In deciding the application, the Authority
must apply the RTO standards.
(3) The Authority must not grant the application
unless—
(a) on registration under the application,
the applicant will not otherwise be
registered as a training organisation by
a registering body; and
(b) the Authority considers that the
applicant's principal place of business is
in Victoria or all or most of its
operations will be conducted in
Victoria; and
(c) a compliance audit has been conducted
of the applicant that shows the
applicant complies with the RTO
standards (other than the legislative
compliance standard).
s. 10
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(4) Sub-section (3)(c) does not apply to an
application if—
(a) the application is made by an RTO
registered by another registering body;
and
(b) the RTO has received a notice from the
other registering body under a
provision of a corresponding law
corresponding to section 23K; and
(c) the application does not ask for an
amendment of the RTO's existing scope
of registration or registered conditions.
(5) Sub-sections (2) and (3) do not limit the
grounds on which the Authority may decide
not to grant the application.
(6) The Authority may impose reasonable
conditions on the registration of the training
organisation to take effect for the period of
registration.
(7) A condition imposed under sub-section (6)—
(a) must apply for all jurisdictions (it can
not be limited in effect to a particular
place or jurisdiction); and
(b) must be consistent with this Act and the
RTO standards.
(8) If the Authority decides to grant the
application, the Authority must—
(a) register the applicant as a training
organisation and the applicant's scope
of registration; and
s. 10
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(b) if the Authority imposes a condition
under sub-section (6)—
(i) give the applicant a notice of the
decision; and
(ii) register the condition for the
applicant.
(9) The Authority must comply with sub-
section (8)—
(a) immediately after granting the
application; or
(b) if the application is a transfer
application mentioned in section 23K,
immediately after the existing
registration of the training organisation
is cancelled under section 23M.
(10) If the Authority decides not to grant the
application, the Authority must immediately
give the applicant a notice of its decision.
23F. Registration conditions
(1) Registration of an RTO under section 23E is
subject to—
(a) conditions imposed under sub-
section (2); and
(b) registered conditions imposed—
(i) under section 23E(6) or 23J(2); or
(ii) by another registering body under
a provision of a corresponding law
corresponding to section
23J(2)(a).
(2) For an RTO registered under section 23E,
the following conditions are imposed for the
RTO's period of registration—
s. 10
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(a) the RTO must comply with
requirements stated to apply to an RTO
under the RTO standards;
(b) the RTO must give notice to the
Authority of the following matters as
soon as practicable after they happen—
(i) any substantial change to the
RTO's control, management or
operations;
(ii) any matter the RTO standards
state the RTO must give notice of
to the Authority;
(c) the RTO—
(i) must submit to any compliance
audit conducted by the Authority
under section 23N; and
(ii) if a particular compliance audit
shows the RTO does not comply
with the RTO standards (other
than the legislative compliance
standard), must take all necessary
steps to comply with the
standards;
(d) the RTO must submit to any
compliance audit conducted by another
registering body under a provision of a
corresponding law corresponding to
section 23O;
(e) the RTO must not contravene a
provision of this Act or a corresponding
law;
(f) the RTO must give to the Authority any
information about any of its operations
reasonably required by the Authority;
s. 10
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(g) the RTO must give to the Authority any
information reasonably required by it
relating to a registered condition
imposed by the Authority under
section 23J;
(h) the RTO must give to another
registering body any information
reasonably required by the other
registering body under a provision of a
corresponding law corresponding to
section 23J(2)(a).
(3) Conditions mentioned in sub-sections (1)
and (2) to which an RTO is subject apply in
relation to the operations of the RTO in
every jurisdiction, unless the contrary
intention appears.
(4) An RTO must not contravene a condition of
its registration.
(5) It is declared that a condition to which an
RTO registered by another registering body
is expressed to be subject in Victoria under a
provision of a corresponding law
corresponding to sub-section (3) has effect
for Victoria.
23G. Term of registration
Registration may be for a term up to 5 years
and may be renewed, if application for
renewal is made before the registration
expires.
23H. Amending registration on application by
registered training organisation
(1) The Authority may, on application by an
RTO that was registered by it, amend the
RTO's registered details.
s. 10
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(2) If the application is to amend the RTO's
scope of registration or registered
conditions—
(a) the application must be in the form
approved by the Authority and
accompanied by any fee fixed by the
Minister; and
(b) the RTO must give the Authority any
information reasonably required by it to
decide the application.
(3) For an application mentioned in sub-
section (2), section 23E applies as if it were
an application under section 23E, subject to
the following—
(a) section 23E(3)(a) is not relevant;
(b) section 23E(3)(b) applies in relation to
the scope of registration or registered
conditions amended in accordance with
the application;
(c) section 23E(3)(c) only requires a
compliance audit to the extent an audit
is relevant to the amendment.
23I. Removal of registered details on
registration expiry or on application
The Authority must remove from the
National Register the details of an RTO
registered by it—
(a) if the RTO's registration expires; or
(b) if the RTO applies to the Authority to
have its registration cancelled and the
Authority grants the application.
s. 10
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23J. Amending, suspending or cancelling
registration without application
(1) An object of this section is to ensure that, of
all registering bodies, the registering body
that registers an RTO has the primary
responsibility to take action against the RTO
if a ground mentioned in sub-section (3)
arises.
(2) On one or more of the grounds mentioned in
sub-section (3), the Authority may on its
own initiative—
(a) amend the scope of registration or
registered conditions of an RTO that
was registered by another registering
body, but only to impose a restriction
applying in this jurisdiction; or
(b) amend the scope of registration or
registered conditions of an RTO that
was registered by it, including by
imposing a restriction applying in this
or another jurisdiction; or
(c) suspend the registration, or part of the
scope of registration, of an RTO that
was registered by it, by imposing a
prohibition applying in this or another
jurisdiction while the suspension is in
force; or
(d) cancel the registration of an RTO that
was registered by it.
(3) The grounds are as follows—
(a) the registration, or the part of the scope
of registration, was obtained because of
incorrect or misleading information;
(b) the RTO has contravened a condition of
its registration.
s. 10
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(4) The Authority may not impose a restriction
under sub-section (2)(a) unless the
registering body that registered the RTO—
(a) fails to take any step to deal with the
matter to which the grounds relate
within 30 days after the matter comes
to its attention; or
(b) fails, after taking any step to deal with
the matter to which the grounds relate,
to take another step within 30 days.
(5) Sub-section (4) does not apply if the
Authority is relying on a ground established
by a compliance audit under section 23O.
(6) Sub-section (4) does not stop the Authority,
before the end of a 30 day period mentioned
in the sub-section, taking all steps necessary
to impose a restriction at any time after the
period has ended.
(7) A restriction imposed under sub-section
(2)(a), (b) or (c) may, but need not, relate to
a particular place or jurisdiction, but if it
does so, it may only be imposed because of a
particular fact situation that has arisen in the
place or jurisdiction.
(8) A restriction imposed under sub-section
(2)(a), (b) or (c) must be consistent with this
Act and the RTO standards.
(9) In exceptional circumstances, the Authority
may exercise its powers under sub-section
(2)(c) to direct the RTO to immediately stop
conducting operations continued under
section 23L(3).
s. 10
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(10) Before cancelling the registration of an RTO
under sub-section (2)(d), the Authority must
consult the registering bodies of each of the
other jurisdictions where the RTO is
operating.
(11) Failure to comply with sub-section (10) does
not affect a cancellation of the registration of
an RTO.
23K. Cancelling registration on change of
business operations
(1) This section applies to an RTO registered by
the Authority.
(2) On the grounds that an RTO does not have
its principal place of business, and does not
conduct all or most of its operations, in
Victoria, the Authority may cancel the
RTO's registration—
(a) on application by the RTO; or
(b) on its own initiative.
(3) The Authority must give notice to the RTO
at least 6 months before cancelling the
registration.
(4) If, before the end of the period mentioned in
sub-section (3), the RTO makes an
application to another registering body for
registration as a training organisation, the
Authority must not cancel the registration of
the RTO until the transfer application is
decided.
23L. Effect of suspension of registration of
RTO
(1) This section applies if a prohibition is
imposed on an RTO under section 23J(2)(c).
s. 10
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(2) A person must not, for training or an
assessment provided or to be provided in
operations the subject of the prohibition, do
anything for any of the following purposes—
(a) recruiting or enrolling anyone;
(b) soliciting or accepting any
consideration from anyone for anyone's
recruitment or enrolment;
(c) starting anyone's training or
assessment;
(d) if the operations have been directed to
immediately stop under section
23J(9)—training or assessing anyone.
Penalty: 60 penalty units in the case of a
natural person and 300 penalty
units in the case of a body
corporate.
(3) If the RTO, before the prohibition took
effect, entered into an agreement to provide
training or an assessment to a person, sub-
section (2)(a) to (c) does not prohibit anyone
from relying on the agreement—
(a) to provide the training or assessment; or
(b) to solicit or accept consideration for the
provision of the training or assessment.
23M. Registering body to register amendment,
suspension or cancellation
If, in relation to an RTO, the Authority
decides to do anything under section 23J(2)
or section 23K(2), it must, on the National
Register—
(a) for an amendment of the scope of
registration or registered conditions—
amend the scope of registration or
s. 10
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registered conditions in accordance
with its decision; or
(b) for a suspension of the registration or
part of the scope of registration—
register the suspension; or
(c) for a cancellation of the registration—
remove the registered details of the
RTO.
23N. Audit of RTO registered by the Authority
(1) This section applies in relation to—
(a) an RTO registered by the Authority;
and
(b) any of the RTO's operations.
(2) The Authority may at any time conduct a
compliance audit of the RTO.
23O. Audit of RTO registered by another
registering body
(1) This section applies in relation to—
(a) an RTO registered by a registering
body other than the Authority (the
"other registering body"); and
(b) any of the RTO's operations in Victoria.
(2) Sub-section (3) applies if—
(a) the Authority—
(i) suspects on reasonable grounds
that the RTO may have
contravened the RTO standards;
and
(ii) has advised the other registering
body of the suspected
contravention; and
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(b) the other registering body—
(i) within 30 days after receiving the
advice, fails to take steps to deal
with the suspected contravention
to the satisfaction of the
Authority; or
(ii) at any time advises the Authority
that it does not propose to take
any step or further step to deal
with the suspected contravention.
(3) The Authority may conduct a compliance
audit of the RTO.
23P. Conduct of audit
(1) A compliance audit mentioned in this
Division must comply with the standards for
State and Territory registering and course
accrediting bodies adopted on 8 June 2001
by the ministerial council.
(2) A failure to comply with sub-section (1) is of
no effect if the failure—
(a) does not substantially affect the
outcome of the audit; or
(b) arises out of inconsistency between the
standards mentioned in the sub-section
and legislation of the particular
jurisdiction in relation to which the
failure arises.
23Q. Powers not limited by compliance audit
provisions
A provision of this Act that makes provision
for a compliance audit does not limit the
power of any registering body to inquire into
the activities of an RTO or training
organisation.
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23R. Function or power may be used to support
national scheme
(1) This section applies to a person who, apart
from this section, may exercise a power or
perform a function under this Part in relation
to a registered education or training
organisation or an RTO or an applicant for
registration under section 23 or 23E.
(2) The person may also perform the same kind
of function or exercise the same kind of
power in this jurisdiction—
(a) at the request of the Authority, for
inquiries into whether an RTO
registered by another registering body
is complying with this Part or a
corresponding law; or
(b) at the request of another registering
body, for a compliance audit that is
being conducted under a corresponding
law in relation to—
(i) an RTO registered by the other
registering body; or
(ii) an applicant for registration by the
other registering body under a
provision of a corresponding law
corresponding to section 23E.
(3) Sub-section (2) does not limit the person's
functions or powers.'.
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11. New section 33A inserted
After section 33 of the Victorian Qualifications
Authority Act 2000 insert—
"33A. Information may be made available to
other registering bodies
(1) The Authority may disclose to another
registering body information it has about, or
arising from—
(a) an application by anyone for
registration or approval under this Act;
(b) the registration or approval of a person
or body under this Act;
(c) a compliance audit conducted under
this Part;
(d) action taken by the Authority in relation
to a person or body approved or
registered under this Act;
(e) the performance of a function or the
exercise of a power by a person under
this Act at the request of another
registering body.
(2) A person disclosing information under sub-
section (1) or under a provision of a
corresponding law corresponding to sub-
section (1) does not contravene an obligation
not to disclose the information, whether
imposed by an Act or by another rule of
law.".
12. Offences relating to State registration
(1) In section 25(1) and (2) of the Victorian
Qualifications Authority Act 2000 after "under
section 20" (where second occurring) insert "to
do so".
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(2) For section 25(3)(b) of the Victorian
Qualifications Authority Act 2000 substitute—
"(b) does not apply to a vocational education and
training course or a further education
course.".
(3) In sections 26(1) and 26(2) of the Victorian
Qualifications Authority Act 2000 after "under
section 20" insert "to do so".
(4) Section 26(3)(b) of the Victorian Qualifications
Authority Act 2000 is repealed.
(5) After section 26(3) of the Victorian
Qualifications Authority Act 2000 insert—
"(4) This section does not apply to vocational
education and training or further education.".
13. New sections 26A and 26B inserted
After section 26 of the Victorian Qualifications
Authority Act 2000 insert—
"26A. Offence to falsely claim to be an RTO
(1) A person who is not an RTO must not claim
to be an RTO.
Penalty: 60 penalty units in the case of a
natural person and 300 penalty
units in the case of a body
corporate.
(2) A person who is not, or not acting for, an
RTO operating within the scope of
registration of the RTO must not—
(a) issue, or claim to be able to issue, a
qualification or statement of attainment;
or
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(b) claim to be able to provide training or
assessments resulting in the issue of a
qualification or statement of attainment.
Penalty: 60 penalty units in the case of a
natural person and 300 penalty
units in the case of a body
corporate.
(3) A person must not claim to be able to
provide training resulting in the issue of a
qualification or statement of attainment by
another person knowing that the other person
is not authorised in accordance with this Act
to issue the qualification or statement of
attainment.
Penalty: 60 penalty units in the case of a
natural person and 300 penalty
units in the case of a body
corporate.
(4) For the purposes of sub-sections (1) to (3),
the person claims to be an RTO or claims to
be able to do a particular thing if the
person—
(a) makes that claim; or
(b) purports to be an RTO or to be able to
do the particular thing; or
(c) does any act likely to induce someone
else to believe the person is an RTO or
is able to do the particular thing.
(5) This section does not apply to a registering
body.
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26B. Offence to falsely claim to provide an
accredited course
(1) A person must not claim to provide a course
that is registered as accredited on the State
Register or the National Register unless the
course is so registered.
Penalty: 60 penalty units in the case of a
natural person and 300 penalty
units in the case of a body
corporate.
(2) For the purposes of sub-section (1), the
person claims to provide a course that is
registered as accredited if the person—
(a) makes that claim; or
(b) claims to provide a course that purports
to be registered as accredited; or
(c) does any act likely to induce someone
else to believe a course the person is
providing is registered as accredited.".
14. New Part 6 inserted
After Part 5 of the Victorian Qualifications
Authority Act 2000 insert—
"PART 6—TRANSITIONAL PROVISIONS
41. Transitional provisions—National
Register
(1) The followings details that were recorded on
the National Register immediately before the
date of commencement of section 5 of the
Victorian Qualifications Authority
(National Registration) Act 2004 are
deemed to have been recorded on the
National Register in accordance with this
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Act by the Authority or the registering body
that recorded the detail—
(a) a training organisation's registration;
(b) a training organisation's scope of
registration and term of registration;
(c) registered conditions of an RTO;
(d) registration of an accredited course;
(e) an accredited course's term of
registration;
(f) a qualification or statement of
attainment registered for a training
package that has been endorsed by a
committee established by ANTA.
(2) On the date of commencement of section 5
of the Victorian Qualifications Authority
(National Registration) Act 2004 a
condition of registration of an RTO that is
taken to be recorded under sub-section (1)(c)
is to be taken to be a condition imposed
under Division 2A of Part 3 or the
corresponding provision of a corresponding
law under which a similar condition may be
imposed in similar circumstances to those
applying when the recorded condition was
imposed.".
15. Vocational Education and Training Act 1990
(1) In section 3 of the Vocational Education and
Training Act 1990—
(a) the definition of "Board" is repealed;
(b) in the definition of "registered training
organisation", for "under section 20 of"
substitute "in accordance with".
See:
Act No.
45/1990.
Reprint No. 5
as at
30 June 2003.
LawToday:
www.dms.
dpc.vic.
gov.au
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(2) After section 56(1) of the Vocational Education
and Training Act 1990 insert—
"(1A) The Commission may approve a training
agreement for an apprenticeship or
traineeship only if the agreement is
substantially in the same form and has the
same content as the agreement approved by
the Council of Ministers from each State and
the Commonwealth responsible for
vocational education and training operating
under the ANTA agreement referred to in the
Commonwealth Australian National Training
Authority Act 1992.".
16. Statute law revision
Section 41 of, and Schedules 1 and 2 to, the
Victorian Qualifications Authority Act 2000 are
repealed.
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 21 April 2004
Legislative Council: 11 May 2004
The long title for the Bill for this Act was "to amend the Victorian
Qualifications Authority Act 2000 to provide for a national scheme of
registration of training organisations and vocational education and
training and further education courses and qualifications and to make
consequential amendments and for other purposes."
Endnotes
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