Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document

 Download WordDownload Word  Download PDFDownload PDF 


Bill home page
Table Of Contents
Previous Fragment    Next Fragment
National Vocational Education and Training Regulator Bill 2010 [2011]

Part 9 Administrative law matters

Division 1 Review of decisions

199   Reviewable decisions

                   For the purposes of this Act, each of the following decisions of the National VET Regulator is a reviewable decision :

 

Reviewable decisions

A decision to grant an application for registration (including renewal of registration) as an NVR registered training organisation.

 

A decision determining the period for which an NVR registered training organisation is registered.

 

A decision to impose a condition on an NVR registered training organisation’s registration.

 

A decision to reject an application for registration (including renewal of registration) as an NVR registered training organisation.

 

A decision to vary a condition on an NVR registered training organisation’s registration.

 

A decision not to determine a shorter period for making an application for renewal of registration as an NVR registered training organisation.

 

A decision to change, or refuse to change, an NVR registered training organisation’s scope of registration.

 

A decision to suspend all or part of an NVR registered training organisation’s scope of registration.

 

A decision to shorten the period of an NVR registered training organisation’s registration.

 

A decision to defer making a decision to change an NVR registered training organisation’s scope of registration until the organisation addresses issues identified by the National VET Regulator.

 

A decision not to allow an NVR registered training organisation’s registration to be withdrawn.

 

A decision to cancel an NVR registered training organisation’s registration.

 

A decision to grant an application for accreditation of a course (including renewal of accreditation) as a VET accredited course.

 

A decision to impose conditions on the accreditation of a VET accredited course.

 

A decision to vary a condition on the accreditation of a VET accredited course.

 

A decision to reject an application for accreditation of a course (including renewal of accreditation) as a VET accredited course.

 

A decision to amend a VET accredited course.

 

A decision to cancel the accreditation of a VET accredited course.

 

A decision to give a written direction to an NVR registered training organisation under paragraph 36(2)(a) or (b).

 

A decision to issue, or not issue, a VET qualification.

 

A decision to issue, or not issue, a VET statement of attainment.

 

A decision to cancel, or not cancel, a VET qualification.

 

A decision to cancel, or not cancel, a VET statement of attainment.

 

A decision to enter details on the register under subsection 216(4).

 

200   Applications for reconsideration of decisions

             (1)  This section applies to a reviewable decision if the decision is made by a person or body to whom a function or power is delegated under section 224 or 225.

             (2)  A person affected by a reviewable decision who is dissatisfied with the decision may apply to the National VET Regulator for the Regulator to reconsider the decision.

             (3)  The application must:

                     (a)  be in a form approved in writing by the National VET Regulator; and

                     (b)  set out the reasons for the application; and

                     (c)  be accompanied by the fee (if any) determined by the Minister, by legislative instrument, under section 232.

             (4)  The application must be made within:

                     (a)  30 days after the applicant is informed of the decision; or

                     (b)  if, either before or after the end of that period of 30 days, the National VET Regulator extends the period within which the application may be made—the extended period.

             (5)  An approved form of an application may provide for verification by statutory declaration of statements in applications.

201   Reconsideration by the National VET Regulator

             (1)  Upon receiving such an application, the National VET Regulator must:

                     (a)  reconsider the decision; and

                     (b)  affirm, vary or revoke the decision.

             (2)  The person who reconsiders the decision must be:

                     (a)  if a member of the staff of the Regulator made the decision under review—a Commissioner or a member of the staff of the Regulator who:

                              (i)  was not involved in making the decision; and

                             (ii)  occupies a position that is senior to that occupied by any person involved in making the decision; or

                     (b)  in any other case—a Commissioner or a member of the staff of the Regulator who was not involved in making the decision.

             (3)  The National VET Regulator’s decision on reconsideration of a decision has effect as if it had been made under the provision under which the original decision was made.

             (4)  The National VET Regulator must give to the applicant a written notice stating its decision on the reconsideration. The notice must explain that the applicant may apply to the Administrative Appeals Tribunal for review of the Regulator’s decision on the reconsideration.

             (5)  Within 30 days after making its decision on the reconsideration, the National VET Regulator must give the applicant a written statement of its reasons for its decision.

202   Deadline for reconsideration

             (1)  The National VET Regulator must make its decision on reconsideration of a decision within 90 days after receiving an application for reconsideration.

             (2)  The National VET Regulator is taken, for the purposes of this Part, to have made a decision affirming the original decision if it has not informed the applicant of its decision on the reconsideration before the end of the period of 90 days.

203   Review by the Administrative Appeals Tribunal

             (1)  Applications may be made to the Administrative Appeals Tribunal for review of a reviewable decision if the National VET Regulator has affirmed or varied the decision under section 201.

             (2)  Applications may be made to the Administrative Appeals Tribunal for review of a reviewable decision if the decision was made by a person other than a member of the staff of the Regulator.



 

Division 2 Information management

Subdivision A Unauthorised disclosure

204   Unauthorised disclosure of VET information

                   A person commits an offence if:

                     (a)  the person discloses VET information or produces a document; and

                     (b)  the person has the VET information or document because he or she is, or was, any of the following (an entrusted person ):

                              (i)  a Commissioner;

                             (ii)  the Chief Executive Officer;

                            (iii)  a member of the staff of the Regulator;

                            (iv)  a consultant engaged under section 184; and

                     (c)  none of the following circumstances apply to the disclosure or production:

                              (i)  it is made for the purposes of this Act or otherwise in connection with the performance of the person’s duties as an entrusted person;

                             (ii)  it is required or authorised by or under a law of the Commonwealth or a State or Territory.

Penalty:  Imprisonment for 2 years.

Subdivision B Information sharing

205   Disclosure of information by National VET Regulator

             (1)  For the purpose of administering laws relating to vocational education and training, the National VET Regulator may disclose information to:

                     (a)  the Secretary; or

                     (b)  a Commonwealth authority; or

                     (c)  a State or Territory authority; or

                     (d)  a person who holds any office or appointment under a law of the Commonwealth, a State or Territory; or

                     (e)  another VET Regulator; or

                      (f)  the National Centre for Vocational Education Research (or any successor of that body).

             (2)  If the National VET Regulator discloses personal information under subsection (1) (other than to a person or body mentioned in paragraph (1)(a), (b), (c) or (e)), the Regulator must advise the person about whom the information is disclosed, by notice in writing, of:

                     (a)  the disclosure; and

                     (b)  the details of the personal information disclosed.

206   Advising State/Territory Education Ministers about concerns or proposed cancellation of registration

             (1)  The National VET Regulator may advise the Education Minister for a State or Territory if:

                     (a)  the Regulator has serious concerns about a registered training organisation that provides all or part of a VET course in the State or Territory concerned; or

                     (b)  the Regulator proposes to cancel the registration of an NVR registered training organisation that provides all or part of a VET course in the State or Territory concerned; or

                     (c)  an NVR registered training organisation has given written notice to the Regulator seeking to have its registration withdrawn.

             (2)  If the National VET Regulator advises the Education Minister for a State or Territory under subsection (1), the Regulator may also advise:

                     (a)  a person who holds any office or appointment under a law of the Commonwealth, or under a law of the State or Territory concerned; or

                     (b)  employees of the Commonwealth of the prescribed kind; or

                     (c)  employees, of the prescribed kind, of the State or Territory concerned.

207   Disclosure of information to occupational licensing bodies etc.

             (1)  If the National VET Regulator considers it appropriate to do so, the Regulator may disclose information to an occupational licensing body or other industry body (other than one covered by paragraph 205(1)(c)) that deals with, or has an interest in, matters relating to vocational education and training.

             (2)  If the National VET Regulator discloses personal information under subsection (1), the Regulator must advise the person about whom the information is disclosed, by notice in writing, of:

                     (a)  the disclosure; and

                     (b)  the details of the personal information disclosed.

208   Disclosure of information in accordance with international cooperative arrangements

                   The National VET Regulator may disclose information relating to the assessment or regulation of registered training organisations to a regulatory authority of another country if:

                     (a)  Australia has cooperative arrangements with the country that relate to the assessment or regulation of training organisations; and

                     (b)  the disclosure of the information is consistent with those arrangements.

209   Release of information to the public

             (1)   The National VET Regulator may release information to the public if the Regulator is satisfied that the release of the information:

                     (a)  would reasonably inform a person’s choice to enrol as a VET student with a registered training organisation; or

                     (b)  would encourage improvement in the quality of vocational education and training services provided; or

                     (c)  would encourage compliance with the Australian Qualifications Framework.

             (2)  The National VET Regulator may provide for the release of information under subsection (1) by authorising a person or body mentioned in paragraph 205(1)(b), (c) or (d) to release the information.

210   Disclosure of information to the National VET Regulator

             (1)  The National VET Regulator may, by notice in writing, request:

                     (a)  a Commonwealth authority; or

                     (b)  a State or Territory authority; or

                     (c)  a person who holds any office or appointment under a law of the Commonwealth, a State or Territory; or

                     (d)  another VET Regulator; or

                     (e)  an occupational licensing body or other industry body (other than one covered by paragraph (b)) that deals with, or has an interest in, matters relating to vocational education and training;

to disclose to the National VET Regulator information specified in the request.

             (2)  For the purposes of:

                     (a)  paragraph 1(d) of Information Privacy Principle 11 in section 14 of the Privacy Act 1988 ; and

                     (b)  paragraph 2.1(g) of National Privacy Principle 2 in Schedule 3 to the Privacy Act 1988 ; and

                     (c)  a provision of a law of a State or Territory that provides that information that is personal may be disclosed if the disclosure is authorised by law;

the disclosure of personal information by a person in response to a request under this section is taken to be a disclosure that is authorised by law.

             (3)  A person or body mentioned in paragraph (1)(b), (c) or (d) must disclose information requested under this section even if, despite subsection (2), disclosure would otherwise be prevented by a law of a State or Territory.

Subdivision C VET student records

211   VET student records to be provided to National VET Regulator—executive officers etc.

             (1)  A person who possesses or controls VET student records relating to a training organisation or former registered training organisation must provide a copy of those records to the National VET Regulator if:

                     (a)  the person is, or was, an executive officer or high managerial agent of the organisation; and

                     (b)  either:

                              (i)  the organisation’s registration has been cancelled and arrangements have not been made for the transfer of some or all of the records under section 213; or

                             (ii)  the organisation has effectively ceased to operate (even though the organisation remains an NVR registered training organisation).

             (2)  A person must provide a copy of VET student records to the National VET Regulator within:

                     (a)  if an organisation’s registration has been cancelled—30 days of the day from which cancellation takes effect; and

                     (b)  if an organisation has effectively ceased to operate—30 days of the day from which operations effectively ceased.

             (3)  A person commits an offence if the person fails to comply with subsection (2).

Penalty:  150 penalty units.

             (4)  A person contravenes this subsection if the person fails to comply with subsection (2).

Civil penalty:          300 penalty units.

212   National VET Regulator may request VET student records to be provided to Regulator

             (1)  This section applies if the National VET Regulator considers that a person (other than someone mentioned in subsection 211(1)) may hold VET student records relating to a training organisation or former registered training organisation.

             (2)  The National VET Regulator may request, by notice in writing, that the person provide a copy of those records to the Regulator within a period specified in the notice.

213   Transfer of VET student records to another registered training organisation

             (1)  If a VET student transfers from one registered training organisation (the first registered training organisation ) to an NVR registered training organisation (the second registered training organisation ):

                     (a)  the VET student may request the first registered training organisation to transfer the VET student records relating to the VET student to the second registered training organisation; or

                     (b)  the second registered training organisation may request, in writing, the first registered training organisation to transfer the VET student records relating to the VET student because he or she has enrolled at the organisation.

             (2)  The second registered training organisation must advise, by notice in writing, the National VET Regulator of the transfer of any VET student records.

214   National VET Regulator’s management of VET student records

             (1)  The National VET Regulator may provide a VET student record to a registered training organisation if:

                     (a)  the person to whom the record relates enrols at the organisation and requests, in writing, the Regulator to transfer it to the organisation; or

                     (b)  the organisation requests, in writing, the Regulator to transfer it to the organisation because the person to whom the record relates has enrolled at the organisation.

             (2)  If the National VET Regulator considers it appropriate to do so, the Regulator may provide a VET student record to a registered training organisation on its own initiative.

             (3)  If the National VET Regulator discloses personal information under subsection (2), the Regulator must advise the person to whom the VET student record relates, by notice in writing, of:

                     (a)  the disclosure; and

                     (b)  the details of the personal information disclosed.