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National Vocational Education and Training Regulator Bill 2010 [2011]

Part 11 Strategic and annual operational plans

Division 1 Strategic plans

217   Development of strategic plan

             (1)  The National VET Regulator must develop, and prepare in written form, a strategic plan, for a 3-year period, that:

                     (a)  defines the principal objectives of the Regulator in performing its functions during that 3-year period; and

                     (b)  gives a broad outline of the strategies to be pursued by the Regulator to achieve those objectives.

             (2)  A strategic plan is to relate to:

                     (a)  for the first strategic plan—the 3-year period beginning on 1 July 2011; and

                     (b)  for later strategic plans—a period beginning on the 1 July immediately following the end of the 3-year period to which the previous plan related.

             (3)  A strategic plan prepared under subsection (1) is not a legislative instrument.

218   Approval of strategic plan

             (1)  The National VET Regulator must give a copy of a strategic plan to the Minister for approval on or before:

                     (a)  for the first strategic plan—the end of 2 months after the day this section commences; and

                     (b)  for later strategic plans—either:

                              (i)  31 January in the last year of the 3-year period to which the previous plan related; or

                             (ii)  a later day, but not later than 31 March, in the last year of the 3-year period to which the previous plan related, as allowed by the Minister.

             (2)  However, the National VET Regulator is not required to give a copy of a strategic plan to the Minister for approval in a calendar year if:

                     (a)  the first year to which the plan would relate is a year to which a previous strategic plan is in force; and

                     (b)  the Minister determines, at the request of the Regulator, that this subsection applies for the calendar year.

             (3)  A strategic plan comes into force on:

                     (a)  the day on which it is approved by the Minister; or

                     (b)  the first day of the period to which it relates;

whichever is later.

219   Variation of strategic plans

             (1)  The National VET Regulator may, at any time, review a strategic plan, whether or not it has come into force, and consider whether a variation to the plan is necessary.

Note:          See also section 221.

             (2)  The National VET Regulator may, with the approval of the Minister, vary a strategic plan.

             (3)  The Minister may, at any time, request the National VET Regulator to vary a strategic plan, whether or not it has come into force.

             (4)  If the Minister requests a variation of a strategic plan, the National VET Regulator must, with the approval of the Minister, vary the plan accordingly.

             (5)  If a variation of a strategic plan is approved by the Minister after the plan has come into force, the plan as so varied continues in force on and after the day the variation is so approved.

             (6)  Despite subsection (2), the National VET Regulator may vary a strategic plan without the approval of the Minister if the variation is of a minor nature. The plan as so varied continues in force on and after the day the variation is made.

             (7)  If the National VET Regulator makes a variation of a minor nature, the Regulator must inform the Minister of the variation as soon as practicable after making it.



 

Division 2 Annual operational plans

220   Development of annual operational plan

             (1)  The National VET Regulator must give the Minister an annual operational plan relating to the 12 month period:

                     (a)  beginning on the day this section commences and ending on 30 June 2012—before the end of 2 months after the day this section commences; and

                     (b)  beginning on 1 July in a later calendar year—before 30 April in that calendar year.

             (2)  An annual operational plan must:

                     (a)  set out particulars of the action that the National VET Regulator intends to take during the period to which the plan relates in order to give effect to, or further, the goals set out in the strategic plan applicable to the period; and

                     (b)  include such performance indicators as the Regulator considers appropriate against which the Regulator’s performance can be assessed during the period to which the plan relates.

             (3)  An annual operational plan comes into force at the beginning of the period to which the plan relates.

             (4)  For the purposes of this section, the period beginning on the day this section commences and ending on 30 June 2012 is taken to be a 12 month period.

             (5)  An annual operational plan is not a legislative instrument.

221   Variation of annual operational plan

                   When submitting to the Minister proposals for variation of a strategic plan, the National VET Regulator must also consequentially vary a relevant annual operational plan as required.



 

Division 3 Compliance with plans

222   Compliance with plans

                   When performing functions and exercising powers, the National VET Regulator and the Chief Executive Officer must take into account the strategic plan and annual operational plan that is in force.