2022-2023

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

National Vocational Education and Training Regulator (Data Streamlining) Amendment Bill 2023

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Skills and Training, The Hon Brendan O'Connor MP)

 

TABLE OF CONTENTS

TABLE OF CONTENTS . i

GLOSSARY .. 2

OUTLINE .. 3

1.     FINANCIAL IMPACT STATEMENT .. 5

2.     CONSULTATION .. 6

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS . 7

Overview of the Bill 7

Human rights implications . 9

Conclusion . 11

NOTES ON CLAUSES . 12

Clause 2: Commencement 12

Clause 3: Schedules . 12

Schedule 1 - Amendments . 12

National Vocational Education and Training Regulator Act 2011 . 12

National Vocational Education and Training Regulator (Transitional Provisions) Act 2011 . 20

 

 

GLOSSARY

 

Abbreviation	Definition
Act	National Vocational Education and Training Regulator Act 2011
ASQA	Australian Skills Quality Authority
Bill	National Vocational Education and Training Regulator (Data Streamlining) Amendment Bill 2023
DEWR	Department of Employment and Workplace Relations
DPRs	Data Provision Requirements
NCVER	National Centre for Vocational Education Research
NVR	National VET Regulator
RTO	Registered Training Organisation
VDS	VET Data Streamlining
NVR RTO	National Vocational Education and Training Regulator Registered Training Organisation
VET	Vocational Education and Training

National Vocational Education and Training Regulator (Data Streamlining) Amendment Bill 2023

OUTLINE

The purpose of the Bill is to better support data collection and other related measures being implemented as part of the VET Data Streamlining (VDS) reforms.

The Bill seeks to amend the National Vocational Education and Training Regulator Act 2011 (the Act) to support data collection and arrangements in relation to the use and disclosure of Vocational Education Training (VET) data and will allow skills ministers to delegate their powers to agree to all, or parts, of the National Vocational Education and Training Regulator ( Data Provision Requirements) Instrument 2020 (the DPRs) to other individuals or bodies, such as senior officials of the Commonwealth and States and Territories.

The amendments will ensure that the information collected from students and training providers, and the data systems being built to facilitate the transfer of that data into the national Vocational Education and Training (VET) data set, are flexible and responsive to the needs of governments and other users of VET data.

Amendments to the Act

The Act establishes the National VET Regulator (NVR) and a regulatory framework for Registered Training Organisations (RTOs). The Act imposes an obligation on RTOs to report data in accordance with the DPRs. The data reported is used by government policy makers, VET regulators, independent researchers, training providers, employers and students to help inform decisions surrounding their respective interests in vocational educational and training.

The DPRs is a legislative instrument made under section 187 of the Act and requires the agreement of the Ministerial Council (this body is currently known as the Skills & Workforce Ministerial Council). This requirement limits the ability to amend the DPRs quickly.

The Act also imposes limitations on the use and disclosure of information collected under the DPRs. The current limitations mean for example, that potential students may not have a ready source of information to inform their decision to study, or the courses they might undertake.

The Bill implements, amongst others, measures, to:

·          permit as an alternative, another person or body specified by the Ministerial Council to agree to the DPRs - subsection 187(1);

·          provide for the DPRs to make requirements that depend on the making of a decision of an administrative character by the NVR - subsection 187(1A);

·          enable the Secretary of the Department of Employment and Workplace Relations (DEWR) to release information (which excludes personal information, unless the personal information is the name of the RTO) to the public about VET training, subject only to ministerial agreement - subsections 210B(4) and (5);

·          specify that the Secretary may make a determination permitting the collection, use or disclosure of information for the purposes of designing, building, operating, maintaining or testing a VET data system, and limiting the circumstances in which the Secretary can make such a determination in respect of a VET data system that is not a National VET data system to the facilitation of the provision of data in accordance with the DPRs or equivalent requirements in a non-referring State - subsections 214B(1) - (5).

Decisions made under the DPRs in reliance on subsection 187(1A) will not be subject to merits review. This is because the NVR decisions of an administrative character provided for by subsection 187(1A), will relate to exemptions from data reporting requirements, to be granted by the NVR in accordance with the VET Data Provisions Exemption Policy. This is consistent with the current position in relation to decisions as to whether to grant an exemption from the requirement to report data which are made under the National VET Data Policy.

The Australian Skills Quality Authority (ASQA) (the current NVR) has been consulted in relation to why decisions about the granting of an exemption from the DPRs should continue to be not subject to administrative review. ASQA has advised that the decision not to grant an exemption does not of itself have an adverse effect on the interests of a provider unlike, for example, a decision to cancel registration, not renew registration, or not change the scope of a provider’s registration.

Further, the ability for an affected party to seek merits review of the administrative decision made by the NVR would impose a significant administrative burden and delay on ASQA insofar as ASQA would be unable to access requested data while a review is on foot, thereby delaying ASQA’s regulatory activities, and potentially delaying the capacity for ASQA to levy fees and charges pursuant to an annual determination.

Finally, ASQA has advised that, consistent with paragraphs 4.56 and 4.57 of the Administrative Review Council publication “What decisions should be subject to merits review?”, conferral of a merits review function on NVR granted exemptions to data reporting requirements would involve a disproportionate cost to the significance of the decision under review and provide an increase in administration for the regulator having regard to its finite resources.

For these reasons, decisions made in reliance on subsection 187(1A) to the NVETR Act will not be subject to merits review.

The Bill also inserts a new Schedule into the National Vocational Education and Training Regulator (Transitional Provisions) Act 2011 which provides for the application of certain amendments in relation to information collected, and the saving of the DPRs that were in force immediately before the commencement of the Bill.

Together these measures will permit the DPRs to be more responsive to change and will improve the usefulness of the data collected to stakeholders and students.

1.             FINANCIAL IMPACT STATEMENT

The Bill has no financial impact on the Commonwealth or National Vocational Education and Training Regulator Registered Training Organisation (NVR RTOs).

2.             CONSULTATION

The National Centre for Vocational Education Research, the Skills Senior Officials’ Network, and the state and territory ministers responsible for skills were consulted on this Bill, fulfilling the requirements of the Intergovernmental Agreement for Regulatory Reform in Vocational Education and Training. VET regulators were also consulted on this Bill.

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

National Vocational Education and Training Regulator (Data Streamlining) Amendment Bill 2023

The National Vocational Education and Training Regulator (Data Streamlining) Amendment Bill 2023 (the Bill) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

Overview of the Bill

The purpose of the Bill is to better support data collection and other related measures being implemented as part of the VET Data Streamlining (VDS) reforms.

The Bill seeks to amend the National Vocational Education and Training Regulator Act 2011 (the Act) to support data collection and arrangements in relation to the use and disclosure of Vocational Education Training (VET) data and will allow the skills minister to delegate their powers to agree to all, or parts of the National Vocational Education and Training Regulator ( Data Provision Requirements) Instrument 2020 (the DPRs) to other individuals or bodies, such as senior officials of the Commonwealth and States and Territories.

The amendments will ensure that the information collected from students and training providers, and the data systems being built to facilitate the transfer of that data into the national Vocational Education and Training (VET) data set, are flexible and responsive to the needs of governments and other users of VET data.

Amendments to the Act

The Act establishes the National VET Regulator (NVR) and a regulatory framework for Registered Training Organisations (RTOs). The Act imposes an obligation on RTOs to report data in accordance with the DPRs. The data reported is used by government policy makers, VET regulators, independent researchers, training providers, employers and students to help inform decisions surrounding their respective interests in vocational educational and training.

The DPRs is a legislative instrument made under section 187 and requires the agreement of the Ministerial Council (this body is currently known as the Skills & Workforce Ministerial Council). This requirement limits the ability to amend the DPRs quickly.

The Act also imposes limitations on the use and disclosure of information collected under the DPRs. The current limitations mean, for example, that potential students may not have a ready source of information to inform their decision to study, or the courses they might undertake.

The Bill implements, amongst others, measures, to:

·          permit as an alternative, another person or body specified by the Ministerial Council to agree to the DPRs - subsection 187(1);

·          provide for the DPRs to make requirements that depend on the making of a decision of an administrative character by the NVR - subsection 187(1A);

·          enable the Secretary of the Department of Employment and Workplace Relations (DEWR) to release information (which excludes personal information, unless the personal information is the name of the RTO) to the public about VET training, subject only to ministerial agreement - subsections 210B(4) and (5);

·          specify that the Secretary may make a determination permitting the collection, use or disclosure of information for the purposes of designing, building, operating, maintaining or testing a VET data system, and limiting the circumstances in which the Secretary can make such a determination in respect of a VET data system that is not a National VET data system to the facilitation of the provision of data in accordance with the DPRs or equivalent requirements in a non-referring State - subsections 214B(1) to (5).

Decisions made under the DPRs in reliance on subsection 187(1A) will not be subject to merits review. This is because the NVR decisions of an administrative character provided for by subsection 187(1A), will relate to exemptions from data reporting requirements, to be granted by the NVR in accordance with the VET Data Provisions Exemption Policy. This is consistent with the current position in relation to decisions as to whether to grant an exemption from the requirement to report data which are made under the National VET Data Policy.

The Australian Skills Quality Authority (ASQA) (the current NVR) has been consulted in relation to why decisions about the granting of an exemption from the DPRs should continue to be not subject to administrative review. ASQA has advised that the decision not to grant an exemption does not of itself have an adverse effect on the interests of a provider unlike, for example, a decision to cancel registration, not renew registration, or not change the scope of a provider’s registration.

Further, the ability for an affected party to seek merits review of the administrative decision made by the NVR would impose a significant administrative burden and delay on ASQA insofar as ASQA would be unable to access requested data while a review is on foot, thereby delaying ASQA’s regulatory activities, and potentially delaying the capacity for ASQA to levy fees and charges pursuant to an annual determination.

Finally, ASQA has advised that, consistent with paragraphs 4.56 and 4.57 of the Administrative Review Council publication “What decisions should be subject to merits review?”, conferral of a merits review function on NVR exemptions to data reporting requirements would involve a disproportionate cost to the significance of the decision under review and provide an increase in administration for the regulator having regard to its finite resources.

For these reasons, decisions made in reliance on subsection 187(1A) to the NVETR Act will not be subject to merits review.

The Bill also inserts a new Schedule into the National Vocational Education and Training Regulator (Transitional Provisions) Act 2011 which provides for the application of certain amendments in relation to information collected, and the saving of the DPRs that were in force immediately before the commencement of the Bill.

Together these measures will permit the DPRs to be more responsive to change and will improve the usefulness of the data collected to stakeholders and students.

Human rights implications

The Bill engages the following human rights:

• The right to education - Article 28 of the Convention on the Rights of the Child
• The right to education - Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR)
• The right to privacy - Article 17 of the International Covenant on Civil and Political Rights (ICCPR)
• The right to work - Article 6 of the ICESCR

Right to education

The Bill engages the right to education contained in article 28 of the Convention on the Rights of the Child , and through that, the right to education contained in Article 13 of the ICESCR. These articles recognise the important personal, societal, economic and intellectual benefits of education.

The Bill will promote the right to education in the following ways:

The Bill will explicitly provide authority to the Department to release information to the public about VET training making educational and vocational information and guidance available and accessible to children.

This measure means that students will be able to make a more informed choice when deciding which training course they should enrol in. The measure will also promote transparency and accountability across the sector and encourage RTOs to provide quality and value-for-money training to students, thereby enhancing the right to education.

By facilitating timely access to accurate information relating to training offerings, the take up of training, and student progression, VET regulators will also gain a greater understanding of the training that is being delivered. They will be able to intervene more rapidly to ensure students are able to continue their training in circumstances where training providers are proven to no longer be able to deliver.

Right to privacy and reputation

The Bill engages the right to privacy and reputation contained in article 17 of the International Covenant on Civil and Political Rights. Article 17 recognises the right to not be subject to arbitrary or unlawful interference with an individual’s privacy, family, home or correspondence, nor unlawful attacks on the individual’s honour and reputation.

The measures in this Bill that engage the right to privacy and reputation include:

• enabling the Secretary of the Department to release information (which excludes personal information unless the personal information is the name of the RTO) to the public about VET training, subject only to ministerial agreement - subsections 210B(4) and (5).
• specifying that the Secretary may make a determination permitting the collection, use or disclosure of information for the purposes of designing, building, operating, maintaining or testing a VET data system, and limiting the circumstances in which the Secretary can make such a determination in respect of a VET data system that is not a National VET data system to the facilitation of the provision of data in accordance with the DPRs or equivalent requirements in a non-referring State - subsections 214B(1) to (5).

These measures, as a whole, do not increase the range of personal information that may be shared under the Act, pursuant to delegated legislation. Generally, these measures increase the methods through which access may be granted to information that may already be shared (under Division 2, Subdivision B of the Act).

Subsections 210B(4) and (5) exclude the release of personal information (except for the name of an RTO) and only allow for the release of information where agreed to by the Ministerial Council, thereby in the furtherance of an intergovernmental scheme. These provisions are reasonable and proportionate as they limit the type of information that may be publicly released, and the circumstances in which it may be released. It is necessary and proportionate to achieving a legitimate legislative aim in that it will allow for the public (i.e. relevant cohorts, such as prospective VET students) to easily obtain information that will support informed decisions concerning their vocational education.

Examples of the types of information that is proposed to be released to the public under subsections 210B(4) include:

·          the number of students enrolled;

·          the number of students who have completed courses provided by RTOs;

·          course codes/names; and

·          information concerning courses including indicative costs and content.

Subsections 214B(1) to (5) reasonably and proportionately limit a determination of the Secretary (under subsection 214B(2)) to purposes relating solely to the intended outcome of designing, building, operating, maintaining or testing a VET data system. This reasonable and proportionate limitation is further constrained by subsection 214B(3) in respect of VET data systems which are not National VET data systems. These provisions, read together, are appropriate for remittal to delegated legislation as they allow for the Secretary to make timely determinations facilitating the designing, building, operating, maintaining or testing of VET data systems. This will allow for these VET data systems to be responsive to the needs of a rapidly evolving VET sector, and allow for timely maintenance and design of these systems, thereby ensuring the provision of up-to-date information to VET stakeholders and students.

The Bill is compatible with the right to privacy.

Right to work

The Bill also engages the right to work contained in article 6(1) of the International Covenant on Economic, Social and Cultural Rights. Article 6(1) recognises the right to work, which includes the right of everyone to the opportunity to earn a living by work which the individual freely chooses or accepts.

The Bill is compatible with the right to work by supporting greater transparency to VET consumers around the operation of the national VET training system, in turn supporting greater consumer choice and labour mobility.

Conclusion

The Bill is compatible with human rights because it advances the right to education and work, while taking appropriate measures to protect the right to privacy.

National Vocational Education and Training Regulator (DATA STREAMLINING) amendment Bill 2023

NOTES ON CLAUSES

 

Clause 1: Short title

1.              This clause provides for the Act to be the National Vocational Education and Training Regulator (Data Streamlining) Amendment Act 2023 .

Clause 2: Commencement

2.              The table in subclause 2(1) sets out when the Act’s provisions will commence.

 

3.              Sections 1 to 3 and any provisions not elsewhere covered by the table are to commence on the day the Act receives Royal Assent.

 

4.              Schedule 1 is to commence the day after the Act receives the Royal Assent.

Clause 3: Schedules

5.              Clause 3 provides that any legislation that is specified in a Schedule is amended or repealed as set out in the applicable items in the Schedule and that any other item in a Schedule has effect according to its terms.

Schedule 1 - Amendments

National Vocational Education and Training Regulator Act 2011

Item 1: Section 3 (Definitions)

6.              This item amends section 3 of the Act to insert the following definitions:

·          National VET data system has the meaning given by subsection 214B(5). This subsection provides that a National VET data system is a VET data system operated and maintained by either of the following, or under contracts to which either entity is a party:

o    the Commonwealth; or

o    the National Centre for Vocational Education Research (NCVER) - if a notifiable instrument made by the Secretary, and specifying NCVER is  in force in accordance with subsection 214B(6).

·          VET data system has the meaning given by subsection 214B(4). This subsection provides that a VET data system is a computer system used by one or more of the following entities to collect, store and manage information collected in accordance with the Data Provision Requirements, or any equivalent requirements in a non-referring State :

(a) the Department;

(b) VET Regulators;

(c) State or Territory authorities (other than VET Regulators) that deal with, or have responsibility for, matters relating to VET;

(d) the National Centre for Vocational Education Research; and

(e) registered training organisations.

The purpose of these definitions is to distinguish between VET data systems used by the department and other entities (i.e. state or territory authorities) and those operated and maintained by the Commonwealth for the purposes of the new provisions proposed to be inserted by this Bill. 

Item 2: Subsection 187(1) (Endorsement by Ministerial Council)

7.          This item omits “as agreed by the Ministerial Council” from subsection 187(1) of the Act, and substitutes these words with the following:

that:

(a) have been agreed by the Ministerial Council; or

(b) if the Ministerial Council has agreed that a specified kind of requirement may be endorsed by a specified person or body by means of a specified procedure in specified circumstances (if any)—are of the specified kind and have been endorsed by the specified person or body by means of the specified procedure in the specified circumstances (if any) .

 

8.          This item amends subsection 187(1) of the Act so that the Ministerial Council need not agree to the legislative instrument made for the purposes of the DPRs. The clause does this by providing that the legislative instrument can instead be endorsed by a specified person or body by means of a specified procedure in specified circumstances agreed to by the Ministerial Council.

 

9.          Currently, any changes to the DPRs, including any decision to collect new information from VET students or their training providers, requires the endorsement of the Ministerial Council, which comprises Commonwealth, State and Territory Skills Ministers. This involves unnecessary administration and makes the data standard less responsive to the needs of individual jurisdictions. This restricts the ability of jurisdictions to collect information they need to administer their own programs. This item will permit the DPRs to be amended more readily and without Ministerial Council approval for specified circumstances that the Ministerial Council considers appropriate.

Item 3: After subsection 187(1), insert subsection 1A and 1B

10.          This item inserts subsection 187(1A) which provides:

(1A) Without limiting subsection (1), the legislative instrument may make requirements that depend on the making of a decision of an administrative character by the National VET Regulator.

11.      The purpose of this provision is to explicitly permit data provision requirements made in accordance with subsection 187(1) (and therefore set out in a legislative instrument made by the Minister) to contain requirements that are dependent upon the National VET Regulator making a decision of an administrative character. For example, the DPRs might permit the National VET Regulator to grant an exemption to an RTO from reporting specified data.

 

12.      This item also inserts subsection 187(1B) which provides:

 

(1B) To avoid doubt, the reference to person in paragraph (1)(b) includes a person from time to time holding, occupying, or performing the duties of, a specified office or position, even if the office or position does not come into existence until after the Ministerial Council’s agreement is given.

 

13.      The purpose of this provision is to confirm that a specified person responsible for endorsement under subsection 187(1)(b) may be a person who is the holder of a particular office or position at the time of the endorsement, regardless of whether:

 

·          the office or position exists at the time the Ministerial Council’s agreement is given; or

·          the person holds the relevant position or office at the time the Ministerial Council’s agreement is given.

 

14.      This will allow for endorsement arrangements to be in place in advance with some degree of flexibility, given that the arrangements need only generically refer to holders of offices or positions, rather than needing to specify office or position holders by name. It will also allow for a person who is acting in the specified office or position at the relevant time to make the endorsement.

Item 4: Section 191 (Agreement of Ministerial Council)

15.          After “of this Act”, this item inserts “or an instrument made under this Act” into section 191 of the Act, so that it reads:

The Ministerial Council is to give its agreement, for the purposes of a provision of this Act [ or an instrument made under this Act ] by resolution of the Council passed in accordance with the procedures determined by the Council.

16.      The purpose of this item is to widen the scope of current section 191 to confirm that where an instrument made under the Act specifies that certain matters be agreed to by the Ministerial Council, Ministerial Council agreement is to be given by resolution of the Council passed in accordance with procedures determined by the Council.

Item 5: Subsection 210A(1)

17.      After “that body”, this item inserts “or (in the case of the Department) of section 210B” into subsection 210A(1) of the Act, so that it reads:

The National Centre for Vocational Education Research may disclose information collected in accordance with the Data Provision Requirements, or any equivalent requirements in a non-referring State, to any of the following bodies for the purposes of that body [ or (in the case of the Department) of section 210B ]…

18.      The purpose of this item is to ensure that in addition to the existing authority for NCVER to disclose information to the Department under paragraph 210A(1)(a) for the purposes of the Department, NCVER will also be able to disclose information to the Department for the purposes of the Department disclosing or releasing that information under section 210B. The purposes for which the Department may disclose and release information under section 210B will extend beyond the purposes of the Department itself given the proposed broader scope of section 210B. Refer to the commentary for items 7 and 8 below for details of this broader scope.

 

19.      The purpose of subsection 210A(1) remains unchanged insofar as it allows for NCVER to disclose information collected under the DPRs (or any equivalent requirements in non-referring States) where the disclosure is for a purpose of a body listed in paragraphs  210A(1)(a) to (d)

Item 6: Section 210B (heading)

20.      This item inserts “and release”, after “Disclosure” into the heading of section 210B, so that it reads: “Disclosure [ and release ] of information by the Department etc.”

21.      This makes clear that section 210B will also provide authority for the release of information by the Department, as set out in section 210B, specifically for the purposes of the release of information to the public in specified circumstances.

Item 7: Subsection 210B(2)

22.      This item omits “purposes of the Department” from subsection 210B(2) of the Act, and substitutes “purposes of this Act, of the Department, or (in the case of disclosure to a Commonwealth authority) of that authority”, so that it reads:

The Secretary may disclose the information to either of the following for the [ purposes of this Act, of the Department, or (in the case of disclosure to a Commonwealth authority) of that authority ]…

23.      The purpose of this item is to allow for the Secretary to disclose information for the purposes of the Act, the Department or a Commonwealth authority, where that information has been disclosed to the Department by NCVER in accordance with paragraph 210A(1)(a). This item expands the purposes for which such information can be disclosed by the Secretary.

Item 8: End of section 210B (Disclosure of information by the Department etc.)

24.      This item adds the following subsections to the end of section 210B:

Release of information to the public

 

(4) The Secretary may release the information to the public to the extent that the information is of a kind the release of which:

(a) has been agreed to by the Ministerial Council; or

(b) if the Ministerial Council has agreed that a specified person or body may endorse the release of kinds of information by means of a specified procedure in specified circumstances (if any)—has been endorsed by the specified person or body by means of the specified procedure in the specified circumstances (if any).

(5) Subsection (4) does not authorise the release of personal information, unless the personal information is the name of a registered training organisation.

25.          The purpose of new subsection 210B(4) is to allow for the Secretary to release information (disclosed to the Department under paragraph 210A(1)(a)) to the public where the Ministerial Council or a specified person/body has agreed to that kind (i.e. general or confined data categories) of information being released to the public. This might for instance mean that the Secretary can, where the appropriate agreement has been provided, release information to the public that might inform a potential student’s decision to study, or the course they wish to undertake.

26.          New subsection 210B(5) prohibits the release of any personal information under subsection 210B(4), except where the release of personal information is the name of a registered training organisation.

Item 9: At the end of Division 2 of Part 9 (i.e. Information management)

27.          This item adds the following provision to the end of Division 2, Part 9 of the Act:

Subdivision E—VET data systems

214B  Collection, use or disclosure of information

(1)  The collection, use or disclosure of information for the purposes of designing, building, operating, maintaining or testing a VET data system in circumstances specified in a legislative instrument under subsection (2) is authorised by this Act.

(2)  For the purposes of subsection (1), the Secretary may, by legislative instrument, make a determination specifying circumstances as the Secretary considers appropriate.

(3)  The determination can only specify circumstances in respect of a VET data system that is not a National VET data system if the Secretary considers that specifying the circumstances is for the purpose of facilitating the provision of data in accordance with the Data Provision Requirements, or any equivalent requirements in a non-referring State.

(4)  A VET data system is a computer system used by one or more of the following to collect, store and manage information collected in accordance with the Data Provision Requirements, or any equivalent requirements in a non-referring State:

(a) the Department;

(b) VET Regulators;

(c) State or Territory authorities (other than VET Regulators) that deal with, or have responsibility for, matters relating to VET;

(d) the National Centre for Vocational Education Research;

(e) registered training organisations.

(5)    A National VET data system is a VET data system operated and maintained by either of the following, or under contracts to which either of the following is a party:

(a) the Commonwealth;

(b) if a notifiable instrument is in force under subsection (6)—the National Centre for Vocational Education Research.

(6) The Secretary may, by notifiable instrument, specify the National Centre for Vocational Education Research for the purposes of paragraph (5)(b).

28.      The purpose of this item is to allow for information collection, use and disclosure so as to inform the development, design, testing and operation of VET data systems by those entities specified in subsections 214B(4) and (5).

 

29.      Proposed subsection 214B(1) allows for the making of a legislative instrument specifying the collection, use, or disclosure of information for the purposes of designing, building, operating, maintaining or testing a VET data system.

 

30.      Proposed subsection 214B(2) grants the Secretary the power to make a determination for the purpose of subsection (1) specifying circumstances in which the collection, use or disclosure of information for the purposes designing, building, operating, maintaining or testing a VET data system is authorised under the Act. For example, the Secretary might specify circumstances covering systems used by state training authorities, and RTOs, including via student management system providers, to collect and transfer data provided by RTOs to meet their obligations under the DPRs.

31.      Proposed subsection 214B(3) places limitations on what circumstances may be specified by the Secretary for the purposes of a determination under subsection 214B(2), if that determination is made in respect of a VET data system that is not a National VET data system (refer to definitions of ‘VET data system’ and ‘National VET data system’ at proposed subsections (4) and (5) respectively). In specifying the relevant circumstances, the Secretary must be satisfied they are for the purpose of facilitating the provision of data in accordance with the DPRs or any equivalent requirements in a non-referring State. This ensures that any authorisation of the collection, use and disclosure of information may only be given where there is a clear connection with facilitating the provision of data in accordance with the DPRs, or equivalent requirements in a non-referring state.

 

32.      The limitation in proposed subsection 214B(3) does not apply to ‘National VET data systems’. This recognises that there may be broader Commonwealth-specific purposes for which the Secretary considers it appropriate to make a determination under subsection 214B(2). For example, a National VET data system may need to be upgraded in the future so that it can be utilised for other VET related purposes. It might be necessary for the ICT contractors to be able to collect, use or disclose information while working on that upgrade.

 

33.      Subsection 214B(5) defines ‘National VET data system’ as a VET data system operated and maintained by the Commonwealth, or operated and maintained under a contract to which the Commonwealth is a party. The purpose of this provision is to specify the Commonwealth as the relevant entity that operates and maintains a ‘National VET data system’, or that such a system is operated and maintained under a contract to which the Commonwealth is a party.

 

34.      Paragraph 214B(5)(b) further provides that if a notifiable instrument is in force under subsection 214B(6), the relevant entity, or party to the contract can be NCVER. Subsection 214B(6) permits the Secretary to specify NCVER for the purposes of subsection 214B(5). The purpose of these provisions is to permit the Secretary to specify that NCVER can be the relevant entity that operates and maintains a ‘National VET data system’, or that such a system is operated and maintained under a contract to which NCVER is a party.

 

35.      It is intended that the Secretary’s powers conferred under this item are able to be delegated in accordance with section 226A of the Act.

 

National Vocational Education and Training Regulator (Transitional Provisions) Act 2011



Item 10: In the appropriate position

36.      This Item inserts ‘Schedule 6—Transitional provisions relating to the National Vocational Education and Training Regulator (Data Streamlining) Amendment Act 2023’ into the National Vocational Education and Training Regulator (Transitional Provisions) Act 2011 and inserts the following items.

Item 1: Definitions

37.      This item inserts definitions for the purpose of the transitional provisions.

Item 2: Application of amendments

38.      The purpose of this item is to provide that amendments made for the purposes of sections 210A and 210B will apply in relation to specified information, even where that information was collected before, on or after the time Schedule 1 commences. This is to allow for information collected prior to the commencement of Schedule 1 to be used, disclosed or released in accordance with the amended provisions of the Act.

Item 3: Saving of Data Provision Requirements

39.      This item also provides that the DPRs, made in accordance with subsection 187(1), remain in force as if they have been made under that subsection as amended by this Bill.