Victorian Qualifications Authority Act 2000
i
Victorian Qualifications Authority Act 2000
Act No. 97/2000
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
PART 2—VICTORIAN QUALIFICATIONS AUTHORITY 6
4. Establishment of Authority 6
5. Objectives of the Authority 6
6. Functions of Authority 7
7. Powers of Authority 8
8. Ministerial directions 8
9. Membership of Authority 9
10. Terms and conditions of appointment 11
11. Acting members 11
12. Validity of acts or decisions of the Authority 12
13. Meetings of the Authority 12
14. Public service staff 13
15. Establishment of committees 13
16. Delegation of Authority's power 14
17. Victorian Qualifications Authority Fund 14
18. Investment powers 15
PART 3—SPECIAL FUNCTIONS OF AUTHORITY 16
Division 1—Registers 16
19. State Register of Accredited Courses and Recognised
Qualifications 16
20. Register of education and training organisations 17
Division 2—Investigation, Accreditation and Registration 17
21. Investigation of a course or part of a course by Authority 17
22. Accreditation of a course or part of a course 18
23. Registration of education and training organisations 18
Division 3—Issue of Qualifications 21
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Section Page
ii
24. Who can issue qualifications? 21
Division 4—Offences 22
25. Offences by unregistered persons 22
26. Offences in relation to accredited courses and recognised
qualifications 23
Division 5—Overseas Students 24
27. Approval of providers of courses for overseas students 24
Division 6—Enforcement 27
28. Authorised officers 27
29. Identification 27
30. Powers of authorised officers 27
31. Proceedings for offences 29
32. Offences by corporations etc. 29
33. Evidentiary 30
PART 4—GENERAL 31
34. Regulations 31
35. Borrowing and Investment Powers Act 1987 31
36. Transitional provisions for new Authority 31
37. Consequential amendments 34
PART 5—VICTORIAN LEARNING AND EMPLOYMENT
SKILLS COMMISSION 35
38. Amendment of name and functions of State Training Board 35
39. Membership 36
40. New section 99 inserted 37
99. Transitional provisions 38
41. Consequential amendments 38
__________________
SCHEDULES 39
SCHEDULE 1 39
SCHEDULE 2 41
═══════════════
ENDNOTES 43
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1
Victorian Qualifications Authority Act
2000†
[Assented to 5 December 2000]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The main purposes of this Act are to establish the
Victorian Qualifications Authority and to re-
constitute the State Training Board of Victoria as
the Victorian Learning and Employment Skills
Commission and to make consequential
amendments to other Acts to transfer certain
Victoria
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accreditation and registration functions of other
educational authorities to the new Authority.
2. Commencement
(1) Subject to sub-section (2), the provisions of this
Act (including the items in the Schedules) come
into operation on a day or days to be proclaimed.
(2) If a provision referred to in sub-section (1) does
not come into operation before 1 December 2001,
it comes into operation on that day.
3. Definitions
In this Act—
"accredited", in relation to a course, means a
course that is registered as accredited on the
State Register as being suitable for the
purposes of a qualification;
"assessment process", in relation to a course,
means the methods and criteria used or to be
used to determine whether a student has
achieved the learning outcomes or
competencies specified for that course;
"Authority" means the Victorian Qualifications
Authority established by section 4;
"authorised officer" means an officer authorised
under section 28;
"Chairperson" means the Chairperson of the
Authority;
"Commission" means the Victorian Learning and
Employment Skills Commission under the
Vocational Educational and Training Act
1990;
s. 2
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"course" means—
(a) a course normally undertaken in, or
designed to be undertaken in, year 11
or 12 of the school years; or
(b) a course leading to the issue of the
VCE; or
(c) a vocational education and training
course or a sequence of vocational
education and training; or
(d) a further education course—
and includes—
(e) a program of study or training leading
to the award or issue of a particular
qualification; and
(f) a subject or other part of a program of
study or training leading to the award
or issue of a particular qualification;
and
(g) any other study or training notified by
the Minister in the Government Gazette
to be a course for the purposes of this
Act;
"course leading to a qualification" means a
course the satisfactory completion of which
will entitle the student to be awarded or
issued with the qualification;
"Department" means the Department of
Education, Employment and Training;
"Director" means the Director employed under
section 14;
"Fund" means the Victorian Qualifications
Authority Fund established under section 17;
s. 3
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"further education" means that part of technical
and further education which is not vocational
education and training and which is not
provided or offered by a university or an
autonomous college;
"learning outcome", in relation to a course,
means a written statement of what a student
will know and be able to do as a result of
successfully undertaking the course;
"member" means member of the Authority and
includes the Chairperson;
"qualification" means the recognition, by the
award or issue of a certificate or otherwise,
that a student has achieved particular
learning outcomes or competencies;
"recognised qualification" means a qualification
that is registered on the State Register;
"Register" means the State Register of
Accredited Courses and Recognised
Qualifications maintained under section 19;
"Register of Education and Training
Organisations" means the Register of
Education and Training Organisations
maintained under section 20;
"registered education and training
organisation" means a person or body
registered under section 20 to deliver an
accredited course or issue a recognised
qualification;
"school" means a State school within the
meaning of the Education Act 1958 or a
school registered as a secondary school
under Part III of that Act;
s. 3
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"technical and further education" has the same
meaning as in the Tertiary Education Act
1993;
"VCE" means the Victorian Certificate of
Education;
"vocational education and training" means—
(a) that part of technical and further
education which is directed to the
development of skills in relation to a
trade or vocation; and
(b) apprenticeships and other forms of
training which are based in the
workplace.
_______________
s. 3
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PART 2—VICTORIAN QUALIFICATIONS AUTHORITY
4. Establishment of Authority
(1) There is established a Victorian Qualifications
Authority.
(2) The Authority—
(a) is a body corporate with perpetual
succession;
(b) has a common seal;
(c) may sue and be sued in its corporate name;
(d) may acquire, hold and dispose of real and
personal property;
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
(3) The common seal must be kept as directed by the
Authority and must only be used as authorised by
the Authority.
(4) All courts must take judicial notice of the imprint
of the common seal on a document and, until the
contrary is proved, must presume that the
document was properly sealed.
5. Objectives of the Authority
The objectives of the Authority are to—
(a) develop and monitor standards for education
and training normally undertaken in, or
designed to be undertaken in the years after
year 10;
(b) ensure and support appropriate linkages
between qualifications;
(c) facilitate procedures which make it easier for
people to re-enter education and training and
acquire qualifications throughout their lives.
s. 4
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6. Functions of Authority
(1) The functions of the Authority are to—
(a) develop policies, criteria and standards for
the accreditation of courses, the recognition
of qualifications, the quality assurance for
qualifications issued in accordance with this
Act and the registration of courses,
qualifications and education and training
organisations;
(b) accredit courses and register accredited
courses;
(c) recognise qualifications (including
qualifications developed outside Victoria and
Australia) and provide for the registration of
recognised qualifications;
(d) approve providers of accredited courses and
persons who can issue recognised
qualifications and to register those providers
and persons;
(e) issue recognised qualifications and
qualifications for accredited courses;
(f) enter into arrangements with other agencies
for those agencies to develop and modify
courses;
(g) promote and develop linkages between
accredited courses and recognised
qualifications and support articulation
between those courses and courses in other
sectors of education;
(h) monitor—
(i) patterns of participation by students in
accredited courses or other education or
s. 6
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training that leads to the issue of a
recognised qualification; and
(ii) the outcomes of those courses,
recognised qualifications and education
and training;
(i) perform any other function conferred on the
Authority by this or any other Act.
(2) The Authority must consider advice from—
(a) the Victorian Curriculum and Assessment
Authority about courses in schools normally
undertaken in years 11 and 12 and
qualifications issued to students in those
years of school; and
(b) the Adult, Community and Further
Education Board about courses and
qualifications in further education; and
(c) the Commission about courses and
qualifications in vocational education and
training.
(3) The Authority must consult with the relevant
Authority, Board or Commission referred to in
sub-section (2), and may consult any other
relevant person or body, about linkages between
qualifications or parts of qualifications.
7. Powers of Authority
(1) For the purpose of performing its functions, the
Authority has power to do all things necessary or
convenient to be done for or in connection with,
or as incidental to, the performance of its
functions.
(2) This section does not limit any other power given
to the Authority by any other provision of this
Act.
8. Ministerial directions
s. 7
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(1) The Minister may give to the Authority written
directions in relation to the exercise of its powers
or the performance of its functions, including
discretionary powers and functions.
(2) The Authority must comply with any directions
given under sub-section (1).
(3) The Authority must include in its annual report a
copy of each direction given to it under sub-
section (1) in the period to which the report
relates.
9. Membership of Authority
(1) The Authority consists of not less than 10 and not
more than 15 members of whom—
(a) one is to be appointed by the Governor in
Council as the Chairperson on the
nomination of the Minister as a person who,
in the Minister's opinion, is highly regarded
in the area of post compulsory education;
(b) one is to be the Secretary to the Department
or the nominee of the Secretary;
(c) one is to be the Chairperson or the nominee
of the Chairperson of the Victorian
Curriculum and Assessment Authority;
(d) one is to be the Chairperson or the nominee
of the Chairperson of the Commission;
(e) one is to be the Chairperson or the nominee
of the Chairperson of the Adult, Community
and Further Education Board;
(f) the remaining members are to be appointed
by the Governor in Council on the
nomination of the Minister in accordance
with sub-section (2).
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(2) In nominating persons to the Governor in Council
for appointment to the Authority under sub-
section (1)(f) the Minister must have regard to
ensuring that—
(a) the members of the Authority include—
(i) at least 4 persons who are engaged in
providing post compulsory education;
(ii) at least 4 persons with knowledge of or
experience in industry;
(iii) at least 1 person who is engaged in
providing higher education;
(b) the composition of the Authority—
(i) is a fair and balanced reflection of the
diversity of the community; and
(ii) reflects both metropolitan and country
interests;
(c) there is sufficient financial and management
expertise amongst the members of the
Authority.
(3) An appointed member may resign from office by
delivering to the Governor in Council a signed
letter of resignation.
(4) The Governor in Council may at any time remove
an appointed member from office.
(5) The office of an appointed member becomes
vacant if—
(a) the member becomes bankrupt; or
(b) the member is found guilty of an offence
which is, or which would if committed in
Victoria be, an indictable offence; or
(c) the member is absent from 3 consecutive
meetings of the Authority without the leave
s. 9
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of the Chairperson, or in the case of the
Chairperson without the Minister's leave.
10. Terms and conditions of appointment
(1) An appointment as member is for the term, not
exceeding 3 years, specified in the instrument of
appointment but a member is eligible for re-
appointment.
(2) A member holds office on a part-time basis.
(3) A 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, is entitled to the remuneration and
travelling and personal expenses that are specified
in the instrument of the person's appointment.
(4) A member must in the exercise of his or her
functions—
(a) act honestly; and
(b) exercise reasonable care and diligence; and
(c) not make improper use of any information
acquired as a member of the Authority; and
(d) disclose to the Authority any conflict of
interest or duties except those arising
directly out of the person's qualification for
membership of the Authority.
(5) A member is appointed subject to any other terms
and conditions that are specified in the instrument
of appointment and that are not inconsistent with
this Act.
11. Acting members
(1) If a member is unable to perform his or her duties
or is absent from duty or there is a vacancy in the
office of a member, the Minister may appoint a
person whom the Minister considers suitable to
s. 10
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act in the place of that member during that
inability, absence or until the vacancy is filled or
for any other period specified in the instrument of
appointment.
(2) A person so appointed, while acting in the place
of the member or during the vacancy in the office
of a member—
(a) has all the powers and may perform all the
functions of the member; and
(b) if the person does not hold a full-time
government office or a full-time office in the
public service, the teaching service or with a
statutory authority, is entitled to be paid any
remuneration and travelling or other
allowances that the member would have
been entitled to under section 10(3).
(3) An acting member may resign his or her office in
writing delivered to the Governor in Council.
(4) The Governor in Council may remove or suspend
an acting member from office
12. Validity of acts or decisions of the Authority
An act or decision of the Authority is not invalid
only because—
(a) of a vacancy in the office of a member; or
(b) of a defect or irregularity in or in connection
with the appointment of a member; or
(c) in the case of a presiding or acting member,
the occasion for that person so presiding or
acting had not arisen or had ceased.
13. Meetings of the Authority
(1) The Chairperson must preside at any meeting of
the Authority at which he or she is present.
s. 13
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(2) If the Chairperson is absent, a member elected by
the members present at an Authority meeting must
preside.
(3) A majority of members in office at the time
constitutes a quorum.
(4) A question arising at an Authority meeting is
determined by a majority of votes and, if the votes
are equal, the person presiding has a casting vote.
(5) Meetings of the Authority (of which there must be
at least 6 in each year) shall be held at the times
and places determined by the Authority or
directed by the chairperson.
(6) The Authority may permit members to participate
in a particular meeting, or all meetings, by
telephone, closed circuit television or other means
of communication.
(7) The Authority must keep a record of the decisions
and full and accurate minutes of its meetings.
(8) Subject to this Act, the Authority may regulate its
own proceedings.
14. Public service staff
(1) A Director and any other employees that are
necessary for the purposes of this Act may be
employed under Part 3 of the Public Sector
Management and Employment Act 1998.
(2) The Director is responsible for implementing any
policy or decision of the Minister or the Authority
made in accordance with this Act.
15. Establishment of committees
(1) The Authority may, to facilitate its functioning,
establish any committee and appoint members to
it including any person who is not a member of
the Authority.
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(2) A committee may exercise any power or perform
any function delegated to it by the Authority.
16. Delegation of Authority's power
(1) The Authority may, by instrument under its
common seal, delegate any function or power of
the Authority, other than this power of delegation
to any of the following—
(a) a member of the Authority;
(b) a member or the members of a committee
established under section 15;
(c) the Director or any other person employed
under section 14;
(d) the Secretary or any other person employed
in the Department;
(e) the Commission;
(f) the Adult Community and Further Education
Board;
(g) the Victorian Curriculum and Assessment
Authority.
(2) The Authority may, by instrument under its
common seal, delegate any power of the Authority
to award or issue qualifications to any of the
persons or bodies referred to in sub-section (1) or
a registered education and training organisation.
17. Victorian Qualifications Authority Fund
(1) The Authority must establish and maintain a Fund
to be known as the Victorian Qualifications
Authority Fund.
(2) There must be paid into the Fund—
(a) any investment income received by the
Authority; and
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(b) the proceeds of the sale of any investment
made by the Authority; and
(c) any other money received by the Authority.
(3) There must be paid out of the Fund any payment
that is authorised by the Authority to be made out
of the Fund for or towards the costs and expenses
of the exercise of powers or performance of
functions by the Authority.
(4) The Authority may invest money in the Fund—
(a) in any manner in which a trustee may invest
trust funds under the Trustee Act 1958; or
(b) in any other manner approved by the
Minister.
18. Investment powers
The Authority has the investment powers
conferred on it by the Borrowing and
Investment Powers Act 1987.
—————————
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PART 3—SPECIAL FUNCTIONS OF AUTHORITY
Division 1—Registers
19. State Register of Accredited Courses and Recognised
Qualifications
(1) The Authority must maintain a State Register of
Accredited Courses and Recognised
Qualifications.
(2) If the Authority determines that a course or part of
a course should be registered as accredited on the
Register the Authority must register the course or
part of the course as accredited on the Register.
(3) The Authority must, on the request of the
Minister—
(a) record on the Register a qualification that the
Minister is satisfied should be registered as a
recognised qualification; and
(b) strike off the Register a qualification that the
Minister is satisfied should be struck off the
Register.
(4) The Authority may record on the Register any
other qualification that the Authority is satisfied
should be registered as a recognised qualification.
(5) If the Authority determines that a course should
be struck off the Register, the Authority must
strike the course off the Register.
(6) The Authority may do any of the things referred to
in sub-section (2) or (5) in relation to a course
whether or not the course has been investigated
under this Part.
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(7) The Authority must not record on the Register any
qualification that is a higher education award
within the meaning of the Tertiary Education
Act 1993.
20. Register of education and training organisations
(1) The Authority must establish and maintain a
register of persons or bodies who—
(a) are authorised by the Authority under
section 23 to provide accredited courses; and
(b) are authorised by the Authority under
section 23 to award or issue recognised
qualifications.
(2) The Register must specify—
(a) the name of the registered person or body;
and
(b) any limitations or restrictions on the
registration.
Division 2—Investigation, Accreditation and Registration
21. Investigation of a course or part of a course by
Authority
(1) The Authority may investigate any course or part
of a course to determine whether it should be
registered as accredited.
(2) The Authority may, on the application of a person
or body that has applied for registration or is
registered under section 20, investigate a course or
part of a course to determine whether it should be
registered as accredited.
(3) The Authority may investigate a course or part of
a course which is registered as accredited to
determine whether it should continue to be
registered as accredited.
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(4) If the Authority investigates a course or part of a
course under sub-section (1), (2) or (3) it must
prepare a written report on the content and
educational standard of the course.
(5) The Authority may charge the prescribed fee (if
any) for an investigation under sub-section (1) or
(2).
22. Accreditation of a course or part of a course
A course or part of a course may be accredited
if—
(a) the following matters are appropriate to the
qualification (if any) to which the course
leads—
(i) the aims and learning outcomes of the
course or part of a course;
(ii) the scope of the studies of the course or
part of a course;
(iii) the assessment processes for the course
or part of the course to be used to
determine whether a student has
achieved the learning outcomes of the
course or part of the course; and
(b) the course or part of a course and the
methods adopted in delivering it are likely to
achieve the specified purposes of the course
or part of a course; and
(c) the contents and standards of the course or
part of a course and the methods adopted in
delivering it are consistent with any relevant
national standards about the principles,
processes or other matters to be applied in
accrediting the course or part of a course.
23. Registration of education and training organisations
s. 22
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(1) Any person or body that provides or proposes to
provide an accredited course may apply to the
Authority for registration of that person or body
with respect to that course under section 20.
(2) Any person or body that proposes to award, confer
or issue a recognised qualification may apply to
the Authority for registration of that person or
body with respect to that qualification under
section 20.
(3) A registration may be limited or restricted by
reference to—
(a) the course or class of courses determined by
the Authority; or
(b) the qualification or class of qualifications
determined by the Authority; or
(c) any other circumstances determined by the
Authority.
(4) In determining whether to register a person or
body the Authority may have regard to
government policies and priorities, any
recommendation of any relevant industry training
board, any national standard relating to the
recognition of providers and to all or any of the
following matters in relation to the person, body,
course or qualification—
(a) financial standards;
(b) marketing and promotion;
(c) recruitment and selection of students;
(d) class sizes;
(e) delivery and assessment of training;
(f) premises, equipment, materials and
resources;
(g) issuing of qualifications;
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(h) qualifications and experience of staff;
(i) contracts with respect to students;
(j) student grievance procedures;
(k) recording and reporting requirements;
(l) previous experience in providing courses or
issuing qualifications;
(m) the cost of services to be provided;
(n) the ability of the person or body to comply
with and the person or body's record of
compliance with any guidelines issued by the
Authority about any of the matters
mentioned in this section.
(5) The Authority may from time to time issue
guidelines about the matters referred to in sub-
section (4).
(6) A registration remains in force for a period
specified by the Authority not exceeding 5 years
unless sooner suspended or cancelled.
(7) The Authority may suspend or cancel a
registration.
(8) In determining whether to suspend or cancel a
registration the Authority may have regard to all
or any of the matters mentioned in sub-section (4).
(9) A person whose interests are affected by a
decision of the Authority under this section—
(a) not to register a person or body; or
(b) to suspend or cancel a registration—
may apply to the Victorian Civil and
Administrative Tribunal for review of the
decision.
(10) An application for review must be made within
28 days after the later of—
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(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for
the decision, the day on which the statement
of reasons is given to the person or the
person is informed under section 46(5) of
that Act that a statement of reasons will not
be given.
(11) The Authority may charge the fee prescribed (if
any) for an application under sub-section (1).
(12) This section—
(a) does not apply to or in relation to a school
providing a course or part of a course
normally undertaken in, or designed to be
undertaken in year 11 or 12 of the school
years including a course leading to the issue
of the VCE; and
(b) does apply to or in relation to a school
providing an accredited vocational education
and training course or an accredited further
education course or part of such a course
whether or not that course or part of a course
will be given credit towards or contribute to
the VCE.
Division 3—Issue of Qualifications
24. Who can issue qualifications?
(1) The Authority may recognise the completion of an
accredited course or part of an accredited course
or the award or issue of a recognised qualification
by the issue of a written statement or otherwise.
(2) A person or body that is registered under
section 20 may recognise—
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(a) the completion of an accredited course or
part of an accredited course that it is
registered to provide; or
(b) the award or issue of a recognised
qualification that it is registered to award or
issue—
by the issue of a written statement or otherwise.
Division 4—Offences
25. Offences by unregistered persons
(1) A person or body must not use the name or title of
"registered provider" or any other name, title,
letters or description implying or that may
reasonably be understood to imply that the person
or body is registered under section 20 to provide a
course or part of a course unless the person or
body is registered under section 20.
Penalty: For a natural person—60 penalty units.
For a body corporate—300 penalty
units.
(2) A person or body must not use any name, title,
letters or description implying that the person or
body is registered to provide a course or part of a
course under section 20 in particular
circumstances unless the person or body is
registered under section 20 in relation to those
circumstances.
Penalty: For a natural person—60 penalty units.
For a body corporate—300 penalty
units.
(3) This section—
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(a) does not apply to or in relation to a school
providing a course or part of a course
normally undertaken in, or designed to be
undertaken in year 11 or 12 of the school
years including a course leading to the issue
of the VCE; and
(b) does apply to or in relation to a school
providing an accredited vocational education
and training course or an accredited further
education course or part of such a course
whether or not that course or part of a course
will be given credit towards or contribute to
the VCE.
26. Offences in relation to accredited courses and
recognised qualifications
(1) A person or body must not in relation to a course
or part of a course provided by the person or body
use the name or title of "government accredited"
or any other name, title, letters or description
implying or that may reasonably be understood to
imply that the course or part of a course is
registered as accredited under section 19 unless
the person or body is registered under section 20.
Penalty: For a natural person—60 penalty units.
For a body corporate—300 penalty
units.
(2) A person or body must not in relation to a
qualification awarded or issued by that person or
body use the term "government recognised" or
any other term, title, letters or description
implying or that may reasonably be understood to
imply that the qualification is a recognised
qualification unless the person or body is
registered under section 20.
s. 26
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24
Penalty: For a natural person—60 penalty units.
For a body corporate—300 penalty
units.
(3) Sub-section (1)—
(a) does not apply to or in relation to a school
providing a course or part of a course
normally undertaken in, or designed to be
undertaken in year 11 or 12 of the school
years including a course leading to the issue
of the VCE; and
(b) does apply to or in relation to a school
providing an accredited vocational education
and training course or an accredited further
education course or part of such a course
whether or not that course or part of a course
will be given credit towards or contribute to
the VCE.
Division 5—Overseas Students
27. Approval of providers of courses for overseas students
(1) The Authority may approve a person or body to
provide any course to students from overseas.
(2) The person or body referred to in sub-section (1)
may apply in writing to the Authority for approval
of that person or body under sub-section (1).
(3) In deciding whether to approve a person or body
the Authority may have regard to all or any of the
following matters in relation to the person, body
or course—
(a) financial standards;
(b) marketing and promotion;
(c) recruitment and selection of students;
(d) class sizes;
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25
(e) delivery and assessment of training;
(f) premises, equipment, materials and
resources;
(g) issuing of qualifications;
(h) qualifications and experience of staff;
(i) contracts with respect to students;
(j) student grievance procedures;
(k) recording and reporting requirements;
(l) previous experience in providing courses;
(m) the ability of the person or body to comply
with and the person's or body's record of
compliance with any Act of the
Commonwealth or a State or Territory of the
Commonwealth relating to education
services for overseas students;
(n) student housing and accommodation;
(o) welfare services for students;
(p) the ability of the person or body to comply
with and the person or body's record of
compliance with any guidelines issued by the
Authority about any of the matters
mentioned in this section;
(q) any other matter relating to the management
or operation of the person or body.
(4) The Authority may from time to time issue
guidelines dealing with all or any of the matters
referred to in sub-section (3).
(5) An approval under this section remains in force
for 5 years from the date of approval unless
sooner suspended or cancelled.
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(6) If the Authority is satisfied that a person or body
approved under sub-section (1) is no longer
suitable to be approved the Authority may
suspend or cancel the approval.
(7) A person whose interests are affected by a
decision of the Authority under this section—
(a) not to approve a person or body; or
(b) to suspend or cancel the approval of a person
or body—
may apply to the Victorian Civil and
Administrative Tribunal for review of the
decision.
(8) An application for review must be made within
28 days after the later of—
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for
the decision, the day on which the statement
of reasons is given to the person or the
person is informed under section 46(5) of
that Act that a statement of reasons will not
be given.
(9) The Authority must notify the Secretary referred
to in the Education Services for Overseas Students
(Registration of Providers and Financial
Regulation) Act 1991 of the Commonwealth as
soon as practicable of an approval under sub-
section (1) or a cancellation or suspension of an
approval under sub-section (6) or a decision of the
Victorian Civil and Administrative Tribunal
pursuant to an application under sub-section (7).
(10) The Authority may charge the prescribed fee (if
any) for an application under sub-section (2).
s. 27
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(11) In this section—
"course" does not include any course—
(a) provided by a school endorsed under
section 65(1) of the Education Act
1958; or
(b) endorsed under section 6 of the
Tertiary Education Act 1993.
Division 6—Enforcement
28. Authorised officers
The Director may appoint a person employed
under section 14 as an authorised officer for the
purposes of this Act.
29. Identification
(1) The Director must furnish an authorised officer
with an identification card bearing a recent
photograph of the officer.
(2) An authorised officer must produce his or her
identity card for inspection—
(a) before exercising a power under this Part;
and
(b) at any time during the exercise of a power
under this Part, if asked to do so.
Penalty: 10 penalty units.
30. Powers of authorised officers
(1) An authorised officer with any necessary help,
may enter, at any time during ordinary working
hours on any day, any premises—
(a) where a person or body registered under
section 20 is providing a course or part of a
course or where the officer has reasonable
s. 28
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28
cause to believe that a person or body
registered under section 20 is providing a
course or part of a course; and
(b) where a person or body approved under
section 27 is providing a course or part of a
course to overseas students or where the
officer has reasonable cause to believe that a
person or body approved under section 27 is
providing a course or part of a course to
overseas students; and
(c) in the case of a place referred to in paragraph
(a), may make any inquiries or inspect and
examine any documents relating to the
matters referred to in section 23(4) and take
copies or extracts from those documents; and
(d) in the case of a place referred to in
paragraph (b), may make any inquiries or
inspect and examine any documents relating
to the matters referred to in section 27(3) and
take copies or extracts from those
documents.
(2) An authorised officer may not exercise any power
under sub-section (1)—
(a) in relation to premises if the occupier of the
premises has required the officer to produce
his or her identification card for inspection
by the occupier and the officer fails to
comply with the requirement; or
(b) in relation to premises used as or mainly as
residential premises, except with the consent
of the occupier.
(3) A person must not obstruct delay or intimidate an
authorised officer when the officer is exercising or
attempting to exercise his or her functions as an
authorised officer.
s. 30
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Penalty: 60 penalty units.
31. Proceedings for offences
(1) Proceedings for an offence against this Act may
only be taken by a person employed under
section 14 who is authorised by the Director either
generally or in a particular case to take those
proceedings.
(2) All courts must take judicial notice of the fact that
an employee under sub-section (1) has valid
authority to take proceedings referred to in sub-
section (1).
32. Offences by corporations etc.
(1) If a corporation contravenes any provision of this
Act, the person who is the principal executive
officer (however described) of the corporation is
deemed to have contravened the same provision if
that person knowingly authorised or permitted the
contravention.
(2) A person may be proceeded against and convicted
under a provision pursuant to sub-section (1)
whether or not the corporation has been proceeded
against or convicted under that provision.
(3) Nothing in this section affects any liability
imposed on a corporation for an offence
committed by the corporation against this Act.
(4) If a provision of this Act is contravened in respect
of an unincorporated body of persons—
(a) the person who is the principal executive
officer (however described) of the body at
the time of the contravention is deemed to
have contravened the same provision at that
time; and
(b) if there was a governing body of the
unincorporated body at the time of the
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contravention, each person who is a member
of the governing body of that unincorporated
body at that time is also deemed to have
contravened the provision at that time.
33. Evidentiary
(1) In any proceedings for an offence under this Act a
certificate signed by or on behalf of the Director
and stating that on any specified date a person or
body is or is not or was or was not registered or
registered with specific limitations or restrictions
under section 20 is admissible in evidence in the
proceedings and, in the absence of evidence to the
contrary, is proof of the matters stated in the
certificate.
(2) A certificate signed by or on behalf of the
Director purporting to record a determination,
resolution or decision of the Authority is evidence
of the making of that determination, resolution or
decision by the Authority.
_______________
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PART 4—GENERAL
34. Regulations
(1) The Governor in Council may make regulations
for or with respect to—
(a) fixing fees to be charged by the Authority for
any services provided by it; or
(b) any other matter or thing required or
permitted to be prescribed or necessary to be
prescribed to give effect to this Act.
(2) The regulations—
(a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstance.
35. Borrowing and Investment Powers Act 1987
At the end of Schedule 1 to the Borrowing and
Investment Powers Act 1987 insert—
"41 Victorian Qualifications Authority 20, 20A
and 21".
36. Transitional provisions for new Authority
(1) The State Register of Accredited Courses and
Recognised Qualifications under section 78A of
the Vocational Education and Training Act
1990 as in force immediately before the
commencement of section 19 is deemed to be the
State Register of Accredited Courses and
Recognised Qualifications under section 19.
(2) A course that was, immediately before the
commencement of section 19, registered as
accredited on the State Register of Accredited
Courses and Recognised Qualifications under
section 78A of the Vocational Education and
Training Act 1990 as in force immediately before
s. 34
Act No.
13/1987.
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the commencement of section 19 is deemed to be
registered on the State Register of Accredited
Courses and Recognised Qualifications under
section 19.
(3) A qualification that was, immediately before the
commencement of section 19, registered as a
recognised qualification on the State Register of
Accredited Courses and Recognised
Qualifications under section 78A of the
Vocational Education and Training Act 1990 as
in force immediately before that commencement
is deemed to be registered as a recognised
qualification on the State Register of Accredited
Courses and Recognised Qualifications under
section 19.
(4) A course that was accredited as part of the VCE
under the Board of Studies Act 1993,
immediately before the commencement of
section 19, is deemed to be an accredited course
for the purposes of this Act and registered on the
State Register.
(5) The qualification known as the VCE that was
issued by the Board of Studies, immediately
before the commencement of section 19, is
deemed to be a recognised qualification for the
purposes of this Act and registered on the State
Register.
(6) A person or body that was, immediately before the
commencement of section 20, registered under
section 81 of the Vocational Education and
Training Act 1990 or section 13F of the Adult,
Community and Further Education Act 1991,
as in force immediately before that
commencement, is deemed to be registered as an
education and training organisation under
section 20.
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(7) A person or body that was, immediately before the
commencement of section 27, providing a course
that was endorsed under section 85 of the
Vocational Education and Training Act 1990, is
deemed to be a person or body that is approved
under section 27 to provide that course to students
from overseas.
(8) If a person or body is deemed to be registered
under this section, and the registration of that
person or body under the Vocational Education
and Training Act 1990, immediately before the
commencement of section 20, was subject to
conditions, limitations or restrictions, the
registration of that person or body under this Act
is deemed to be subject to the same conditions,
limitations or restrictions as those to which the
registration under the Vocational Education and
Training Act 1990 was subject.
(9) If a person or body is deemed to be registered
under this section, and the registration of that
person or body under the Vocational Education
and Training Act 1990, immediately before the
commencement of section 20, was suspended the
registration of that person or body under this Act
is deemed to be suspended for the remainder of
the period for which that person or body's
registration would have been suspended under the
Vocational Education and Training Act 1990.
(10) If—
(a) a person or body was, immediately before
the commencement of section 27, providing
a course that was endorsed under section 85
of the Vocational Education and Training
Act 1990; and
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(b) that person or body is deemed by this section
to be a person or body that is approved under
section 27 to provide that course to students
from overseas; and
(c) immediately before the commencement of
section 27 the endorsement of that course
was suspended—
the approval of that person or body is deemed to
be suspended for the remainder of the period for
which the endorsement would have been
suspended under the Vocational Education and
Training Act 1990.
(11) If a guideline was issued by the State Training
Board under Part 6 of the Vocational Education
and Training Act 1990, as in force immediately
before the commencement of section 20, the
guideline is deemed to be a guideline issued by
the Authority for the purposes of Part 3 of this
Act.
(12) If a fee was fixed by the State Training Board
under Part 6 of the Vocational Education and
Training Act 1990, as in force immediately
before the commencement of section 20, the
Authority can continue to charge the fee for the
corresponding services provided by the Authority
under this Act until 9 months after that date of
commencement.
37. Consequential amendments
On the coming into operation of an item in
Schedule 1, the Act specified in the heading to
that item is amended as set out in that item.
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PART 5—VICTORIAN LEARNING AND EMPLOYMENT
SKILLS COMMISSION
38. Amendment of name and functions of State Training
Board
(1) For section 8(1) of the Vocational Education and
Training Act 1990 substitute—
"(1) There is established a Commission to be
called the Victorian Learning and
Employment Skills Commission.".
(2) In section 9(1) of the Vocational Education and
Training Act 1990—
(a) for paragraph (a) substitute—
"(a) to advise the Minister about the
development and implementation of
policy frameworks for post compulsory
education and training and employment
in Victoria that will ensure high quality
services and programs are provided to
meet the needs of industry, government
and individuals;
(ab) to advise the Minister about state wide
planning for post compulsory education
and training and employment;
(ac) to advise the Minister about emerging
post compulsory education and training
requirements of government, industry,
the community and individuals;
(ad) to advise on the planning for the
integration of post compulsory
education and training and labour
market programs;";
(b) for paragraph (d) substitute—
Act No.
45/1990.
s. 38
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"(d) to provide for the delivery of post
compulsory education and training in
Victoria by education and training
organisations registered under the
Victorian Qualifications Authority
Act 2000;
(da) to monitor the outcomes of post
compulsory education and training for
the broad purposes of economic and
regional development, community and
individual development and social
justice;
(db) to support local learning and
employment networks of providers and
stakeholders in post compulsory
education and training programs and
services;".
39. Membership
For section 13(1) of the Vocational Education
and Training Act 1990 substitute—
"(1) The Commission consists of—
(a) a person appointed by the Governor in
Council on the nomination of the
Minister as Chairperson;
(b) the Chairperson of the Victorian
Qualifications Authority established by
the Victorian Qualifications
Authority Act 2000 or his or her
nominee;
(c) the Chairperson of the Adult,
Community and Further Education
Board established by the Adult,
Community and Further Education
Act 1991 or his or her nominee;
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(d) the Secretary of the Department or his
or her nominee;
(e) not more than five other members
appointed by the Governor in Council
on the nomination of the Minister.
(1A) The Minister must nominate a person to be
Chairperson who, in the Minister's opinion,
is experienced in industry or government.
(1B) In nominating other members, the Minister
must have regard to—
(a) ensuring that the membership of the
Commission includes at least 5 persons
with knowledge of or experience in
industry;
(b) ensuring that the membership of the
Commission includes persons who have
backgrounds in vocational education
and training and community
development;
(c) ensuring that the composition of the
Commission is a fair and balanced
reflection of the diversity of the
community;
(d) ensuring that the composition of the
Commission reflects both metropolitan
and country interests;
(e) ensuring that there is sufficient
financial and management expertise on
the Commission.".
40. New section 99 inserted
s. 39 s. 40
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After section 98 of the Vocational Education
and Training Act 1990 insert—
"99. Transitional provisions
(1) The Victorian Learning and Employment
Skills Commission is deemed to be the same
body as the State Training Board of Victoria
despite the changes to the name and structure
of the Board by sections 38 and 39 of the
Victorian Qualifications Authority Act
2000, and no act matter or thing is to be
affected because of those changes of name
and structure.
(2) On and after the commencement of
section 38 of the Victorian Qualifications
Authority Act 2000, a reference to the State
Training Board of Victoria in an Act,
subordinate instrument within the meaning
of the Interpretation of Legislation Act
1984 or any document whatever, unless
inconsistent with the context or subject
matter, is deemed to be a reference to the
Victorian Learning and Employment Skills
Commission.
(3) The members of the State Training Board of
Victoria who held office immediately before
the commencement of section 39 of the
Victorian Qualifications Authority Act
2000, go out of office on that
commencement.".
41. Consequential amendments
On the coming into operation of an item in the
Schedule 2, the Act specified in the heading to
that item is amended as set out in that item.
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SCHEDULES
SCHEDULE 1
Section 37
1. Adult, Community and Further Education Act 1991
1.1 Sections 13A, 13B, 13C, 13D and 13F are repealed.
1.2 Sections 27(k) and 27A are repealed.
2. Education Act 1958
In section 64LC(1) for "the Board of Studies or the State
Training Board" substitute "the Victorian Qualifications
Authority".
3. Vocational Education and Training Act 1990
3.1 In section 1, paragraph (e) is repealed.
3.2 In section 3, the definitions of "accredited course",
"recognised qualification", and "State Register of
Accredited Courses and Recognised Qualifications" are
repealed.
3.3 In section 4, paragraphs (e), (ea) and (h) are repealed.
3.4 In section 20B(1), for ", 59(2), 74, 81 and 85" substitute
"and 59(2)".
3.5 Part 6 is repealed.
3.6 In section 91D(1)(a), sub-paragraphs (ii) and (iii) are
repealed.
3.7 In section 91D(1), paragraphs (c) and (d) are repealed.
3.8 In section 93(1), paragraph (b) is repealed.
3.9 In section 94B(1), for ", 59(2), 74, 81 or 85" substitute
"or 59(2)".
3.10 In section 98, sub-sections (3) and (4) are repealed.
Sch. 1
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4. Tertiary Education Act 1993
In section 9, in the definition of "higher education award"
for "section 78A of the Vocational Education and
Training Act 1990" substitute "section 19 of the Victorian
Qualifications Authority Act 2000".
—————————
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SCHEDULE 2
Section 41
1. Accident Compensation Act 1985
In section 5(1), in the definition of "remuneration" for "State
Training Board" substitute "Victorian Learning and
Employment Skills Commission".
2. Adult, Community and Further Education Act 1991
2.1 In section 3, the definition of "State Training Board" is
repealed.
2.2 In section 3, insert the following definition—
' "Commission" means the Victorian Learning and
Employment Skills Commission;'.
2.3 In sections 6(2), 12 and 13, for "State Training Board"
(wherever occurring) substitute "Commission".
2.4 In section 6(2)(b) for "two Boards" substitute "Board and
the Commission".
2.5 In section 27, for paragraph (g) substitute—
"(g) the Commission or the Director of that Commission;
or".
2.6 In section 28(1), for paragraph (g) substitute—
"(g) the Commission or the Director of that Commission;
or".
2.7 In section 29, for paragraph (e) substitute—
"(e) the Commission or the Director of that Commission;
or".
3. Pay-roll Tax Act 1971
In section 10(1) (k) for "State Training Board" substitute
"Victorian Learning and Employment Skills Commission".
4. Swinburne University of Technology Act 1992
In section 34 (c) for "State Training Board" substitute
"Victorian Learning and Employment Skills Commission".
Sch. 2
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5. Vocational Education and Training Act 1990
5.1 In section 1(a) for "State Training Board" substitute
"Victorian Learning and Employment Skills Commission".
5.2 In section 3, insert the following definition—
' "Commission" means the Victorian Learning and
Employment Skills Commission;'.
5.3 In sections 4(d), 5(1), 6(1), 8(2) and (3), 9(1) and (2), 9A,
9B, 9C, 10(1), (3), (4), (5) and (7), 11, 12 (1) and (2), 14(2)
and (3), 16, 18, 19, 20, 20AA, 20B, 21, 22, 22C, 23, 24, 29,
38, 50, 51, 53, 56, 57, 58, 59, 60, 63, 64, 87(2)(c), 88, 90,
93, 93AA, 94A and 94B, for "the Board" (wherever
occurring) substitute "the Commission".
5.4 In Schedule 3, in items 2(3), 5(2)(b) and (3) and 6(2), for
"the Board" (wherever occurring) substitute "the
Commission".
═══════════════
Sch. 2
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43
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 2 November 2000
Legislative Council: 23 November 2000
The long title for the Bill for this Act was "to establish the Victorian
Qualifications Authority and to reconstitute the State Training Board of
Victoria as the Victorian Learning and Employment Skills Commission
and to make consequential amendments to other Acts and for other
purposes."
Endnotes
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