Victorian Qualifications Authority (Amendment) Act 2003

Victorian Legislation and Parliamentary Documents i Victorian Qualifications Authority (Amendment) Act 2003 Act No. 89/2003 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Definition 2 4. Award of qualifications 2 5. Ministerial directions 2 6. Payment of members of Authority 3 7. Delegations 3 8. Register of providers 4 9. Consequential amendment 5 10. Registered providers 5 11. New section 23A inserted 7 23A. Approval of providers to be delegated powers 7 12. New section 24A inserted 8 24A. Cancellation or alteration of statements 8 13. Approval of courses for overseas students 9 14. Consequential amendments 9 15. New section 35A inserted 10 35A. Fees 10 ═══════════════ ENDNOTES 11 -- 1 of 12 -- Victorian Legislation and Parliamentary Documents 1 Victorian Qualifications Authority (Amendment) Act 2003† [Assented to 11 November 2003] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Victorian Qualifications Authority Act 2000. 2. Commencement (1) This section and sections 1 and 12 come into operation on the day after the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act come into operation on 1 January 2004. Victoria No. 89 of 2003 -- 2 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 89/2003 Victorian Qualifications Authority (Amendment) Act 2003 2 3. Definition In section 3 of the Victorian Qualifications Authority Act 2000 insert the following definition— ' "higher education award" means a higher education award within the meaning of the Tertiary Education Act 1993;'. 4. Award of qualifications In section 6(1)(d) and (e) of the Victorian Qualifications Authority Act 2000 before "issue" insert "award or". 5. Ministerial directions After section 8(3) of the Victorian Qualifications Authority Act 2000 insert— "(4) The Minister may not give the Authority a direction in relation to any particular student about the following— (a) the recognition of the completion of an accredited course or part of an accredited course; (b) the award or issue of a recognised qualification; (c) the award or issue of a qualification for an accredited course; (d) the recognition of the matters in paragraph (a), (b) or (c) by the issuing of a written statement or otherwise.". s. 3 See: Act No. 97/2000. and amending Act Nos 34/2001 and 27/2003. LawToday: www.dms. dpc.vic. gov.au -- 3 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 89/2003 Victorian Qualifications Authority (Amendment) Act 2003 3 6. Payment of members of Authority For section 10(3) of the Victorian Qualifications Authority Act 2000 substitute— "(3) An appointed member, other than a person who holds a full time government office or a full time office in the public service, teaching service or with a statutory authority and whose travelling expenses and personal expenses are paid through that office, is entitled to be paid— (a) any remuneration that is specified in the instrument of appointment or that is fixed from time to time by the Governor in Council; and (b) allowances for travelling and personal expenses at the rates and on the conditions that are applicable to officers of the public service.". 7. Delegations For section 16(3) of the Victorian Qualifications Authority Act 2000 substitute— "(3) The Authority, by instrument under its common seal, may delegate any of the following powers of the Authority to a registered education and training organisation that has been approved by the Authority for the purposes of this sub- section— (a) the power under section 21 to investigate— (i) a vocational education and training course or a sequence of vocational education and training; s. 6 -- 4 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 89/2003 Victorian Qualifications Authority (Amendment) Act 2003 4 (ii) a further education course, other than a further education course leading to the issue of a higher education award; (iii) any part of a course referred to in sub-paragraph (i) or (ii)— that the registered education and training organisation provides or proposes to provide to determine whether it should be registered as accredited or continue to be registered as accredited; (b) the power under section 23(1A) to authorise the registered education and training organisation to provide an accredited vocational education and training course or part of such a course or a further education course, other than a further education course leading to the issue of a higher education award; (c) the power under section 23(2A) to authorise the registered education and training organisation to award or issue a recognised vocational education and training qualification or a recognised further education qualification, other than a further education qualification that is a higher education award.". 8. Register of providers For section 20(2)(b) of the Victorian Qualifications Authority Act 2000 substitute— "(b) the accredited course or courses that the registered person or body is authorised to provide; and s. 8 -- 5 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 89/2003 Victorian Qualifications Authority (Amendment) Act 2003 5 (c) the recognised qualification or qualifications that the registered person or body is authorised to award or issue; and (d) any limitations or restrictions on the registration.". 9. Consequential amendment Section 21(5) of the Victorian Qualifications Authority Act 2000 is repealed. 10. Registered providers (1) After section 23(1) of the Victorian Qualifications Authority Act 2000 insert— "(1A) A registered education and training organisation that proposes to provide an accredited course in addition to any other course that the organisation is registered under section 20 to provide may apply to the Authority for authorisation to provide that course.". (2) After section 23(2) of the Victorian Qualifications Authority Act 2000 insert— "(2A) A registered education and training organisation that proposes to award or issue a recognised qualification in addition to any other recognised qualification that the organisation is registered under section 20 to award or issue may apply to the Authority for authorisation to award or issue that recognised qualification.". (3) In section 23(4) of the Victorian Qualifications Authority Act 2000— (a) after "person or body" insert "or authorise a registered education and training organisation to provide an accredited course or award or issue a recognised qualification"; s. 9 -- 6 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 89/2003 Victorian Qualifications Authority (Amendment) Act 2003 6 (b) after "person, body," insert "organisation,"; (c) in paragraph (n) for "section." substitute— "section;"; (d) after paragraph (n) insert— "(o) any other matter relating to the management or operation of the person or body.". (4) After section 23(4) of the Victorian Qualifications Authority Act 2000 insert— "(4A) In determining whether to register a person or body the Authority may have regard to whether the person or body, any person involved in the management of the person or body or any person involved in the business of the provision of courses by the person or body— (a) has ever had their registration under this section suspended or cancelled; or (b) has ever had conditions imposed on their registration under this section; or (c) has ever been convicted of an indictable offence; or (d) has ever become bankrupt or taken the benefit of any law for the relief of bankrupt debtors, or compounded with their creditors or made an assignment of their property for their benefit; or (e) has ever been disqualified from managing corporations under Part 2D.6 of the Corporations Act; or s. 10 -- 7 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 89/2003 Victorian Qualifications Authority (Amendment) Act 2003 7 (f) was involved in the provision of courses by another person or body who is covered by paragraph (a) to (e) at the time of the events that gave rise to the relevant prosecution or other action.". (5) In section 23(5) of the Victorian Qualifications Authority Act 2000 after "(4)" insert "or (4A)". (6) Section 23(11) of the Victorian Qualifications Authority Act 2000 is repealed. 11. New section 23A inserted After section 23 of the Victorian Qualifications Authority Act 2000 insert— "23A. Approval of providers to be delegated powers (1) The Authority may, on the application of a registered education and training organisation investigate the organisation to determine whether it should be approved for the purpose of delegating to it the powers and functions under section 16(3). (2) The Authority must not approve an organisation unless it is satisfied that the organisation is fit and competent to carry out the powers that may be delegated to it under section 16(3). (3) The Authority must from time to time investigate an approved organisation's fitness and competence to continue to carry out the powers that have been delegated to it under section 16(3). s. 11 -- 8 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 89/2003 Victorian Qualifications Authority (Amendment) Act 2003 8 (4) The Authority may charge an organisation that applies for approval under this section fees for the investigation of the organisation to— (a) determine whether it is fit and competent to carry out the powers that may be delegated to it under section 16(3); and (b) determine whether it is fit and competent to continue to carry out the powers that have been delegated to it under section 16(3). (5) The Authority may have regard to government policy and to any relevant national standards about delegating powers under section 16(3) in determining whether a registered education and training organisation is fit and competent to carry out those powers.". 12. New section 24A inserted After section 24 of the Victorian Qualifications Authority Act 2000 insert— "24A. Cancellation or alteration of statements (1) The Authority may cancel or alter a statement or document provided under section 24(1) recognising the completion of an accredited course or part of an accredited course by a student or the award or issue of a recognised qualification to a student if the Authority is satisfied that the records of the student's assessment have been altered by the Victorian Curriculum and Assessment Authority and the alterations affect the recognition by the Authority of the completion of that accredited course or part of that accredited course by the student or s. 12 -- 9 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 89/2003 Victorian Qualifications Authority (Amendment) Act 2003 9 the award or issue of a recognised qualification to the student. (2) The Authority may issue a new statement or document in respect of a student referred to in sub-section (1) recognising the completion of an accredited course or part of an accredited course by a student or the award or issue of a recognised qualification to a student on the basis of the records of the student's assessment that have been altered by the Victorian Curriculum and Assessment Authority.". 13. Approval of courses for overseas students (1) For section 27(1) of the Victorian Qualifications Authority Act 2000 substitute— "(1) The Authority may approve a person or body to provide a specified course for overseas students.". (2) In section 27 of the Victorian Qualifications Authority Act 2000— (a) in sub-section (2) for "under sub-section (1)" substitute "to provide the specified course"; (b) after sub-section (3)(d) insert— "(da) the suitability of the course for overseas students;"; (c) in sub-section (9) for "(Registration of Providers and Financial Regulation) Act 1991" substitute "Act 2000"; (d) sub-section (10) is repealed. 14. Consequential amendments Section 34(1)(a) of the Victorian Qualifications Authority Act 2000 is repealed. s. 13 -- 10 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 89/2003 Victorian Qualifications Authority (Amendment) Act 2003 10 15. New section 35A inserted After section 35 of the Victorian Qualifications Authority Act 2000 insert— "35A. Fees (1) The Minister, after calling for and considering recommendations from the Authority, may fix fees and charges that may be imposed by the Authority for investigations, registrations, accreditations and any other services provided by the Authority under this Act. (2) In the case of any fee which the Minister is empowered to fix— (a) the Minister must fix the fee for a period of 12 months and may amend or vary the fee at the end of that period; and (b) the Minister may fix a different fee for a different case and may allow for the reduction or waiver, in whole or in part, of any fee; and (c) the Minister may authorise the Authority to collect fees in periodical instalments or other methods specified by the Minister. (3) The Authority must ensure that any fee fixed under this section is published in a newspaper circulating generally throughout Victoria and in the Government Gazette.". ═══════════════ s. 15 -- 11 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 89/2003 Victorian Qualifications Authority (Amendment) Act 2003 11 ENDNOTES † Minister's second reading speech— Legislative Assembly: 17 September 2003 Legislative Council: 15 October 2003 The long title for the Bill for this Act was "to amend the Victorian Qualifications Authority Act 2000 and for other purposes" Endnotes -- 12 of 12 --