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National Vocational Education and Training Regulator Bill 2010 [2011]

Part 10 Reporting requirements

   

215   Annual report

Annual report to be given to Minister

             (1)  The National VET Regulator must, as soon as practicable after 30 June in each financial year, prepare and give to the Minister, for presentation to the Parliament, a report (an annual report ) relating to the performance of the Regulator’s functions during the year.

Note:          See also section 34C of the Acts Interpretation Act 1901 , which contains provisions about annual reports.

             (2)  For the purposes of subsection (1), the period beginning on the day this section commences and ending on 30 June 2012 is taken to be a financial year.

Contents of annual report

             (3)  The National VET Regulator must include the following in the annual report relating to a financial year:

                     (a)  an assessment of the extent to which the Regulator’s operations during the year have contributed:

                              (i)  to the objectives set out in the strategic plan applicable for the year; and

                             (ii)  to the objectives set out in the annual operational plan for the year;

                     (b)  particulars of variations (if any) of the strategic plan and the annual operational plan taking effect during the year;

                     (c)  an evaluation of the Regulator’s performance during the year against the key performance indicators agreed by the Minister;

                     (d)  an evaluation of the Regulator’s overall performance during the year against the other performance indicators set out in the annual operational plan for the year;

                     (e)  a statement about the Regulator’s compliance, during the year, with the Standards for VET Regulators;

                      (f)  a report on whether the service standards have been met by the Regulator during the year, including reasons in any case where the service standards have not been met;

                     (g)  details of the number of directions given to the Regulator by the Minister during the year;

                     (h)  details of the number and types of matters relating to vocational education and training which the Commonwealth, State and Territory Education Ministers referred to the Regulator during the year;

                      (i)  details of the number and types of matters relating to vocational education and training which the Ministerial Council referred to the Regulator during the year;

                      (j)  a general description of the Regulator’s response to the matters mentioned in paragraphs (h) and (i);

                     (k)  the financial statements required by section 49 of the Financial Management and Accountability Act 1997 ;

                      (l)  an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997 .

             (4)  The Minister must give a copy of the report to the relevant Minister for each of the parties to the Ministerial Council (other than the Commonwealth) at the same time as the report is presented to the Parliament.

216   National Register

             (1)  The National VET Regulator must ensure that the following are included on the National Register:

                     (a)  the following details for each NVR registered training organisation:

                              (i)  the organisation’s business name and business address;

                             (ii)  the names of the organisation’s executive officers and high managerial agents;

                            (iii)  the organisation’s scope of registration;

                            (iv)  the period for which the organisation is registered;

                             (v)  any conditions imposed on the organisation’s registration under subsection 29(1);

                            (vi)  any VET qualifications or VET statements of attainment issued by the organisation that have been cancelled;

                     (b)  if all or part of an NVR registered training organisation’s scope of registration has been suspended—the following:

                              (i)  the period and extent of the suspension;

                             (ii)  the reason for the suspension;

                            (iii)  the names of the organisation’s executive officers and high managerial agents;

                     (c)  if an NVR registered training organisation’s registration has been cancelled—the following:

                              (i)  the day from which cancellation takes effect;

                             (ii)  the reason for the cancellation;

                            (iii)  if applicable, the VET qualifications or VET statements of attainment that have been cancelled;

                            (iv)  the names of the organisation’s executive officers and high managerial agents;

                     (d)  the following details for each VET accredited course:

                              (i)  the person in respect of whom the course is accredited;

                             (ii)  the person’s name and address, or business name and business address, as applicable;

                            (iii)  the period for which the course is accredited;

                            (iv)  any conditions imposed on the accreditation of the course under subsection 48(1);

                     (e)  if a VET accredited course is cancelled—the following:

                              (i)  the person in respect of whom the course is accredited;

                             (ii)  the person’s name and address, or business name and business address, as applicable;

                            (iii)  the day from which cancellation takes effect;

                            (iv)  the reason for the cancellation.

             (2)  The National VET Regulator may ensure that details are removed from the National Register.

Example:    The National VET Regulator may ensure that details about an NVR registered training organisation whose registration has been withdrawn are removed from the National Register.

             (3)  The regulations may set out matters that the National VET Regulator must ensure are entered on the National Register.

             (4)  Subsection (3) does not prevent the National VET Regulator from ensuring that other matters are entered on the National Register.

             (5)  The National Register is to be made available for inspection on the internet.