Vocational Education and Training Act 1994

Vocational Education and Training Act 1994

[The long title Substituted by No. 39 of 2004, s. 4, Applied:01 Jan 2005] An Act to provide for the administration of a vocational education and training system and to oversee the provision of post-Year 10 education and training in Tasmania

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Vocational Education and Training Act 1994 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Interpretation

In this Act –[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004]

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] accreditation certificate means an accreditation certificate issued under section 32V ;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] accredited training course means a course that is registered in the national training register as an accredited course, whether that course is registered by the Qualifications Authority or an interstate course accrediting body;

[Section 3 Amended by No. 39 of 2004, s. 5, Applied:01 Jan 2005] adult and community education means the diverse range of learning activities within community and other settings that develop the social, cultural and economic potentials of individuals and the community;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] amend means –

(a) omit any matter; or

(b) insert or add any matter; or

(c) omit any matter and substitute other matter;

[Section 3 Amended by No. 87 of 1999, s. 4, Applied:15 Dec 1999]

ANTA means the Australian National Training Authority established under the Australian National Training Authority Act 1992 of the Commonwealth;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] ANTA Ministerial Council means the Australian National Training Authority Ministerial Council consisting of Ministers from each State and Territory of the Commonwealth and from the Commonwealth who have responsibility for vocational education and training;

[Section 3 Amended by No. 46 of 2002, s. 4, Applied:27 Nov 2002] Australian Qualifications Framework means the policy of that name, defining all qualifications recognised nationally in post-compulsory education and training within Australia, endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs so as to commence on 12 January 1995, as from time to time amended;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004]

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] Australian Quality Training Framework means the policy of that name, that defines the criteria and standards for the registration of training organisations and the accreditation of courses in the vocational education and training sector, endorsed by the ANTA Ministerial Council on 8 June 2001, as amended from time to time;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] compliance audit means a compliance audit conducted under section 32K or 32L ;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] corresponding law means –

(a) a law of another State or a Territory that is prescribed by the regulations as a corresponding law; or

(b) if no law of another State or a Territory is prescribed by the regulations under paragraph (a) , a law of that State or Territory that has substantially the same effect as Parts 5 and 5A ; or

(c) a provision of a law referred to in paragraph (a) or (b) ;

[Section 3 Amended by No. 87 of 1999, s. 4, Applied:15 Dec 1999]

[Section 3 Amended by No. 87 of 1999, s. 4, Applied:15 Dec 1999] dispute means a dispute relating to the terms, conditions or operation of a training agreement;

employer includes a group of employers;

[Section 3 Amended by No. 39 of 2004, s. 5, Applied:01 Jan 2005] higher education means education in relation to which a higher education award may be issued under the Australian Qualifications Framework;

[Section 3 Amended by No. 87 of 1999, s. 4, Applied:15 Dec 1999] industry training advisory body means a body declared as such under section 21 or established as such under section 21A ;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004]

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] interstate course accrediting body means a body responsible under the law of another State or a Territory for the administration of the registration of courses relating to vocational education and training as accredited courses;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] interstate registered training organisation means a person that is registered in the national training register as a registered training organisation by a registering body under a corresponding law;

[Section 3 Amended by No. 39 of 2004, s. 5, Applied:01 Jan 2005] Learning and Skills Authority means the Tasmanian Learning and Skills Authority established by section 6 ;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] legislative compliance standard means the standard included in the national training standards which requires that a registered training organisation ensures that compliance with Commonwealth, State and Territory legislation and regulatory requirements relevant to the operation of a registered training organisation is integrated into its policies and procedures and that compliance is maintained;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] local registered training organisation means a person that is registered in the national training register as a registered training organisation by the Qualifications Authority;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] national course accreditation standards means –

(a) the standards for course accreditation functions as endorsed on 8 June 2001 by the ANTA Ministerial Council under the Australian Quality Training Framework, as amended from time to time; or

(b) any standards endorsed, approved or adopted by the ANTA Ministerial Council under the Australian Quality Training Framework in substitution for the standards referred to in paragraph (a) , as amended from time to time;

[Section 3 Amended by No. 39 of 2004, s. 5, Applied:01 Jan 2005] national policy agreement means any agreement made by the Minister on behalf of Tasmania and the appropriate Ministers or other persons on behalf of the Commonwealth, the other States and the Territories that relates to nationally agreed policy for the delivery and the funding of vocational education and training;

National Strategic Plan means the plan agreed to by the Commonwealth and the States to provide national direction for the development of vocational education and training;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] national training register means –

(a) the National Training Information Service maintained by ANTA to the extent it consists of registered matters; or

(b) any service maintained in substitution for the service referred to in paragraph (a) to the extent it consists of registered matters;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] national training standards means –

(a) the standards for registered training organisations as adopted by the ANTA Ministerial Council on 8 June 2001, as amended from time to time; or

(b) any standards adopted by the ANTA Ministerial Council in substitution for the standards referred to in paragraph (a) , as amended from time to time;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] nationally endorsed training package means an integrated set of competency standards and assessment guidelines that –

(a) lead to a qualification for a particular industry, industry sector or enterprise; and

(b) have been endorsed by a committee established by ANTA's members;

[Section 3 Amended by No. 87 of 1999, s. 4, Applied:15 Dec 1999] person includes –

(a) [Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] a State school, or a registered school, as defined in the Education Act 1994 ; and

(b) [Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] a group of such State schools or registered schools, or both; and

(c) [Section 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] a department or part or division of a department as defined in the Administrative Arrangements Act 1990 ;

(d) [Section 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001]

[Section 3 Amended by No. 39 of 2004, s. 5, Applied:01 Jan 2005] post-Year 10 education and training means –

(a) senior secondary education; or

(b) vocational education and training; or

(c) higher education; or

(d) adult and community education;

[Section 3 Amended by No. 87 of 1999, s. 4, Applied:15 Dec 1999] [Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] [Section 3 Amended by No. 87 of 1999, s. 4, Applied:15 Dec 1999] [Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004]

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] qualification means formal certification in vocational education and training by a registered training organisation and under the Australian Qualifications Framework that a person has achieved all the units of competency or modules comprising learning outcomes stated for the qualification in –

(a) a nationally endorsed training package for which details of the qualification have been registered by ANTA; or

(b) an accredited training course that provides training for the qualification;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] Qualifications Authority means the Tasmanian Qualifications Authority established by section 5 of the Tasmanian Qualifications Authority Act 2003 ;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] registered, in relation to a provider of training, a training course, a nationally endorsed training package or a qualification, means registered in the national training register if the person or matter is registered in that register by –

(a) the Qualifications Authority under this Act; or

(b) a registering body, or interstate course accrediting body, under a corresponding law; or

(c) ANTA or another entity ;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] registered training organisation means a person who is registered in the national training register as a registered training organisation, whether that person is a local registered training organisation or an interstate registered training organisation;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] registering body means the Qualifications Authority or a body responsible for registering persons as registered training organisations under a corresponding law;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] registration certificate means a registration certificate issued under section 32A ;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] scope of registration consists of –

(a) the training or assessments that a registered training organisation is registered to provide; and

(b) the qualifications, statements of attainment, units of competency or modules comprising learning outcomes for an accredited training course for which the registered training organisation is registered to provide training or assessments;

Secretary means the Secretary of the Department;

[Section 3 Amended by No. 39 of 2004, s. 5, Applied:01 Jan 2005] senior secondary education means education that is normally undertaken during the final 2 years of secondary education, being the years of secondary education commonly known as years 11 and 12;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] standards for State and Territory registering and course accrediting bodies means –

(a) the standards for State and Territory registering bodies/course accrediting bodies adopted on 8 June 2001 by the ANTA Ministerial Council under the Australian Quality Training Framework, as amended from time to time; or

(b) any standards made or adopted by that Ministerial Council in substitution for the standards referred to in paragraph (a) , as amended from time to time;

[Section 3 Amended by No. 87 of 1999, s. 4, Applied:15 Dec 1999]

[Section 3 Amended by No. 87 of 1999, s. 4, Applied:15 Dec 1999] State Training Plan means a plan for the provision of vocational education and training;

State training system means a system relating to the planning, implementation and evaluation of vocational education and training in this State;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] statement of attainment means formal certification in vocational education and training by a registered training organisation under the Australian Qualifications Framework that a person has achieved in –

(a) part of a qualification; or

(b) one or more units of competency from a nationally endorsed training package; or

(c) all the units of competency or modules comprising learning outcomes for an accredited training course that does not meet the requirements for a qualification;

[Section 3 Amended by No. 46 of 2002, s. 4, Applied:27 Nov 2002]

[Section 3 Amended by No. 46 of 2002, s. 4, Applied:27 Nov 2002] [Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] trainee means an employee who, whether described as a trainee, apprentice or otherwise, is a party to a training agreement that provides for the employee to undergo training leading to a qualification under the Australian Qualifications Framework;

training agreement means an agreement or a contract between an employer and a trainee in force under Division 1 of Part 6 ;

Training Agreements Committee means the Tasmanian Training Agreements Committee continued under section 14 ;

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] Training Agreements Register means the Training Agreements Register kept under section 75 ;

[Section 3 Amended by No. 39 of 2004, s. 5, Applied:01 Jan 2005] [Section 3 Amended by No. 87 of 1999, s. 4, Applied:15 Dec 1999] [Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] [Section 3 Amended by No. 87 of 1999, s. 4, Applied:15 Dec 1999] [Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004]

[Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] unit of competency means a specification of knowledge and skill and their application to a standard of performance specified in a nationally endorsed training package;

[Section 3 Amended by No. 87 of 1999, s. 4, Applied:15 Dec 1999] [Section 3 Amended by No. 39 of 2004, s. 5, Applied:01 Jan 2005]

[Section 3 Amended by No. 39 of 2004, s. 5, Applied:01 Jan 2005] vocational education and training means the education, training and attainment of qualifications or statements of attainment under the vocational education and training provision of the Australian Qualifications Framework;

[Section 3 Amended by No. 87 of 1999, s. 4, Applied:15 Dec 1999]

[Section 3 Amended by No. 87 of 1999, s. 4, Applied:15 Dec 1999] [Section 3 Amended by No. 63 of 2003, s. 4, Applied:01 Jan 2004] vocational placement means a placement that provides paid or unpaid employment at the work place as part of training leading to a qualification for a period of less than 240 hours in a 12 month period;

vocational placement agreement means an agreement in force under Division 2 of Part 6 .

4.   Vocational education and training

(1)  Vocational education and training is to be –

(a) directed to the development of vocational competencies; and

(b) in preparation for, or directed to, the enhancement of opportunities to undertake vocational education and training; and

(c) structured to incorporate principles of equal opportunity and fairness.

(2)  Vocational education and training includes –

(a) [Section 4 Subsection (2) amended by No. 87 of 1999, s. 5, Applied:15 Dec 1999] [Section 4 Subsection (2) amended by No. 63 of 2003, s. 5, Applied:01 Jan 2004] training leading to the attainment of a qualification or statement of attainment; and

(b) [Section 4 Subsection (2) amended by No. 87 of 1999, s. 5, Applied:15 Dec 1999] [Section 4 Subsection (2) amended by No. 63 of 2003, s. 5, Applied:01 Jan 2004] training provided in the State, another State, a Territory or elsewhere by registered training organisations, whether or not under a training agreement; and

(c) [Section 4 Subsection (2) amended by No. 87 of 1999, s. 5, Applied:15 Dec 1999] [Section 4 Subsection (2) amended by No. 63 of 2003, s. 5, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

(d) [Section 4 Subsection (2) amended by No. 87 of 1999, s. 5, Applied:15 Dec 1999] [Section 4 Subsection (2) amended by No. 63 of 2003, s. 5, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

(e) [Section 4 Subsection (2) amended by No. 39 of 2004, s. 6, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

(f) literacy, language and numeracy; and

(g) basic education related to the workplace.

5.   State Training Plan

(1)  [Section 5 Subsection (1) amended by No. 39 of 2004, s. 7, Applied:01 Jan 2005] [Section 5 Subsection (1) amended by No. 87 of 1999, s. 6, Applied:15 Dec 1999] The Learning and Skills Authority is to submit to the Minister a State Training Plan at least once a year.

(2)  [Section 5 Subsection (2) amended by No. 39 of 2004, s. 7, Applied:01 Jan 2005] [Section 5 Subsection (2) amended by No. 87 of 1999, s. 6, Applied:15 Dec 1999] If the Minister approves the State Training Plan, the Learning and Skills Authority is to submit it to ANTA.

(3)  [Section 5 Subsection (3) amended by No. 39 of 2004, s. 7, Applied:01 Jan 2005] [Section 5 Subsection (3) amended by No. 87 of 1999, s. 6, Applied:15 Dec 1999] If the Minister does not approve the State Training Plan, the Minister may require the Learning and Skills Authority to amend it according to any directions the Minister determines.

(4)  [Section 5 Subsection (4) amended by No. 39 of 2004, s. 7, Applied:01 Jan 2005] [Section 5 Subsection (4) amended by No. 63 of 2003, s. 6, Applied:01 Jan 2004] [Section 5 Subsection (4) amended by No. 87 of 1999, s. 6, Applied:15 Dec 1999] The Minister is to refer any unresolved dispute between the Learning and Skills Authority and ANTA relating to a State Training Plan to the ANTA Ministerial Council.

PART 2 - Tasmanian Learning and Skills Authority

Division 1 - Establishment of Tasmanian Learning and Skills Authority

6.   Tasmanian Learning and Skills Authority

(1)  [Section 6 Subsection (1) substituted by No. 39 of 2004, s. 10, Applied:01 Jan 2005] The Tasmanian Learning and Skills Authority is established.

(2)  [Section 6 Subsection (2) substituted by No. 39 of 2004, s. 10, Applied:01 Jan 2005] The Learning and Skills Authority consists of –

(a) the Secretary; and

(b) 2 persons selected from nominations submitted by organisations representing employers; and

(c) 2 persons selected from nominations submitted by organisations representing employees; and

(d) one person who is a representative of the Aboriginal community; and

(e) 5 persons who collectively have experience in, and knowledge of –

(i) higher education; and

(ii) senior secondary education; and

(iii) adult and community education; and

(iv) vocational education and training.

(2A)  [Section 6 Subsection (2A) inserted by No. 39 of 2004, s. 10, Applied:01 Jan 2005] The members of the Learning and Skills Authority, other than the Secretary, are appointed by the Minister.

(3)  [Section 6 Subsection (3) amended by No. 39 of 2004, s. 10, Applied:01 Jan 2005] The Minister is to advertise in daily newspapers for expressions of interest for membership of the Learning and Skills Authority.

(4)  [Section 6 Subsection (4) amended by No. 39 of 2004, s. 10, Applied:01 Jan 2005] In appointing the members of the Learning and Skills Authority, the Minister is to take into account, as far as practicable, representation from–

(a) all regions of the State; and

(b) males and females; and

(c) a wide range of industries.

(5)  [Section 6 Subsection (5) amended by No. 39 of 2004, s. 10, Applied:01 Jan 2005] The Minister is to appoint one of the members as chairperson of the Learning and Skills Authority.

(6)  If a nomination is not made as required, the Minister may appoint a suitable person without a nomination.

(7)  [Section 6 Subsection (7) amended by No. 39 of 2004, s. 10, Applied:01 Jan 2005] Schedule 1 has effect with respect to membership and meetings of the Learning and Skills Authority.

7.   Functions and powers of Learning and Skills Authority

(1)  [Section 7 Subsection (1) amended by No. 63 of 2003, s. 7, Applied:01 Jan 2004] [Section 7 Subsection (1) amended by No. 87 of 1999, s. 7, Applied:15 Dec 1999] [Section 7 Subsection (1) amended by No. 63 of 2003, s. 7, Applied:01 Jan 2004] [Section 7 Subsection (1) substituted by No. 39 of 2004, s. 11, Applied:01 Jan 2005] The Learning and Skills Authority has the following functions:

(a) to advise the Minister on the development and implementation of policy frameworks and priorities for post-Year 10 education and training in Tasmania to ensure that high-quality services and programs are provided to meet the needs of industry, government, communities and individuals;

(b) to advise the Minister on state-wide planning for post-Year 10 education and training;

(c) to advise the Minister on post-Year 10 education and training strategies to complement state and national economic and social development;

(d) to oversee the implementation of national policy agreements;

(e) to develop State Training Plans consistent with the National Strategic Plan;

(f) to monitor the outcomes of post-Year 10 education and training for the broad purposes of economic and regional development, community development, the development of individuals and social justice;

(g) to support local networks and community partnerships in delivering post-Year 10 education and training programs and services;

(h) to inquire into, undertake research on and make reports on the development of post-Year 10 education and training programs and services;

(i) to promote the provision of, and participation in, services or activities relating to post-Year 10 education and training;

(j) to establish and maintain a consultative process with governments and persons that have an interest in post-Year 10 education and training;

(k) to liaise with the Qualifications Authority on matters of mutual interest;

(l) any other function the Minister, by notice in writing, directs the Learning and Skills Authority to perform.

(2)  [Section 7 Subsection (2) amended by No. 39 of 2004, s. 11, Applied:01 Jan 2005] The Learning and Skills Authority may do anything necessary or convenient to perform its functions.

8.   Delegation by Learning and Skills Authority

(1)  [Section 8 Subsection (1) amended by No. 39 of 2004, s. 12, Applied:01 Jan 2005] The Learning and Skills Authority, with the approval of the Minister, may, in writing, delegate any of its functions or powers, other than its power of delegation, to any person or body.

(2)  The terms and conditions of a delegation are to be approved by the Minister.

9.   Assistance to Learning and Skills Authority

[Section 9 Amended by No. 39 of 2004, s. 13, Applied:01 Jan 2005] The Secretary may make arrangements for persons employed in the Department to assist the Learning and Skills Authority in its functions and powers under this Act.

Division 2 - Financial and reporting provisions

10.   

[Section 10 Repealed by No. 63 of 2003, s. 8, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

11.   Payment of funds from ANTA

[Section 11 Amended by No. 87 of 1999, s. 8, Applied:15 Dec 1999] The Minister is to ensure that any payment made by ANTA to the State in respect of State Training Plans is applied for expenditure relating to vocational education and training, including national programmes and national projects and capital works.

12.   Acceptance on behalf of Learning and Skills Authority

[Section 12 Amended by No. 39 of 2004, s. 14, Applied:01 Jan 2005] The Minister may accept anything from any source on behalf of the Learning and Skills Authority.

13.   Annual report

(1)  [Section 13 Subsection (1) amended by No. 39 of 2004, s. 15, Applied:01 Jan 2005] The Learning and Skills Authority is to submit to the Minister by 30 April in each year a report of its activities during the 12 months ending on 31 December in the previous year.

(2)  On receipt of a report, the Minister is to forward a copy of the report to ANTA.

PART 3 - Committees

Division 1 - Tasmanian Training Agreements Committee

14.   Establishment of Tasmanian Training Agreements Committee

(1)  The Tasmanian Training Agreements Committee established under the Tasmanian State Training Authority Act 1994 is continued.

(2)  The Training Agreements Committee consists of 6 members appointed by the Minister of whom –

(a) [Section 14 Subsection (2) amended by No. 39 of 2004, s. 16, Applied:01 Jan 2005] one is a person nominated by the Learning and Skills Authority; and

(b) 2 are persons selected from nominations submitted by organizations representing employers; and

(c) 2 are persons selected from nominations submitted by organizations representing employees; and

(d) one is a person selected from nominations submitted by the Secretary.

(3)  The Minister is to appoint one of the members as chairperson of the Training Agreements Committee.

(4)  The Minister may require a nomination to be provided within a specified period.

(5)  If a nomination is not made as required, the Minister may appoint a suitable person without a nomination.

(6)  If a member of the Training Agreements Committee is absent from office for any cause, the Minister, after consultation with the relevant person or body, may appoint a person to act in the office of that member during that absence.

(7)  Schedule 2 has effect with respect to membership and meetings of the Training Agreements Committee.

15.   Functions and powers of Training Agreements Committee

(1)  The Training Agreements Committee has the following functions:

(a) [Section 15 Subsection (1) amended by No. 39 of 2004, s. 17, Applied:01 Jan 2005] to advise the Learning and Skills Authority on matters relating to vocational placements and training agreements;

(b) to administer vocational placements and training agreements;

(c) to issue guidelines for the operation of vocational placements and training agreements;

(d) [Section 15 Subsection (1) amended by No. 39 of 2004, s. 17, Applied:01 Jan 2005] to establish procedures and systems in respect of its functions as required and approved by the Learning and Skills Authority;

(e) [Section 15 Subsection (1) amended by No. 39 of 2004, s. 17, Applied:01 Jan 2005] any other function the Learning and Skills Authority, with the approval of the Minister, by notice in writing directs.

(2)  The Training Agreements Committee –

(a) [Section 15 Subsection (2) amended by No. 39 of 2004, s. 17, Applied:01 Jan 2005] with the approval of the Learning and Skills Authority, may enter into reciprocal arrangements with other training bodies; and

(b) may do anything necessary or convenient to perform its functions.

16.   Delegation by Training Agreements Committee

(1)  [Section 16 Subsection (1) amended by No. 39 of 2004, s. 18, Applied:01 Jan 2005] The Training Agreements Committee, with the approval of the Learning and Skills Authority, may, in writing, delegate any of its functions or powers, other than its power of delegation, to any person or body.

(2)  [Section 16 Subsection (2) amended by No. 39 of 2004, s. 18, Applied:01 Jan 2005] The Training Agreements Committee, when required by the Learning and Skills Authority, must delegate any of its functions or powers, other than its power of delegation, to any person or body specified by the Learning and Skills Authority.

(3)  [Section 16 Subsection (3) amended by No. 39 of 2004, s. 18, Applied:01 Jan 2005] The terms and conditions of a delegation are to be approved by the Learning and Skills Authority.

16A.   

[Section 16A Inserted by No. 87 of 1999, s. 9, Applied:15 Dec 1999] [Section 16A Repealed by No. 63 of 2003, s. 9, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

17.   Training Agreements Committee subject to direction

[Section 17 Amended by No. 63 of 2003, s. 10, Applied:01 Jan 2004] [Section 17 Inserted by No. 63 of 2003, s. 9, Applied:01 Jan 2004]

(1)  [Section 17 Subsection (1) amended by No. 39 of 2004, s. 19, Applied:01 Jan 2005] The Learning and Skills Authority may give written directions to the Training Agreements Committee in relation to the performance and exercise of its functions and powers, other than discretionary functions and powers.

(2)  The Training Agreements Committee is to comply with a direction given under subsection (1) .

18.   Service of documents

[Section 18 Subsection (1) amended by No. 87 of 1999, s. 10, Applied:15 Dec 1999] [Section 18 Amended by No. 63 of 2003, s. 10, Applied:01 Jan 2004] [Section 18 Inserted by No. 63 of 2003, s. 9, Applied:01 Jan 2004]

(1)  A document may be served on or otherwise provided to the Training Agreements Committee by –

(a) leaving it at, or sending it by post to, the address of the Training Agreements Committee; or

(b) faxing it to the Training Agreements Committee's fax number; or

(c) emailing it to the Training Agreements Committee's email address; or

(d) any other means determined by the Training Agreements Committee.

(2)  The Training Agreements Committee may serve on or otherwise provide to a person a document required to be served or otherwise provided under this Act –

(a) in the case of a natural person, by –

(i) giving it to the person; or

(ii) leaving it at, or sending it by post to, the person's postal or residential address, or the place or address of business or employment, last known to the Training Agreements Committee; or

(iii) faxing it to the person's fax number; or

(iv) emailing it to the person's email address; and

(b) in the case of any other person, by –

(i) leaving it at, or sending it by post to, the person's principal office, office registered under the Corporations Act or principal place of business; or

(ii) faxing it to the person's fax number; or

(iii) emailing it to the person's email address.

Division 2 - .  .  .  .  .  .  .  .  

[Division 2 of Part 3 Repealed by No. 63 of 2003, s. 10, Applied:01 Jan 2004]

19.   

[Section 19 Repealed by No. 63 of 2003, s. 10, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

19A.   

[Section 19A Inserted by No. 87 of 1999, s. 11, Applied:15 Dec 1999] [Section 19A Repealed by No. 63 of 2003, s. 10, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

Division 3 - Advisory committees

20.   Advisory committees

(1)  [Section 20 Subsection (1) amended by No. 39 of 2004, s. 20, Applied:01 Jan 2005] The Minister, on the recommendation of the Learning and Skills Authority, may–

(a) [Section 20 Subsection (1) amended by No. 63 of 2003, s. 11, Applied:01 Jan 2004] [Section 20 Subsection (1) amended by No. 39 of 2004, s. 20, Applied:01 Jan 2005] establish an advisory committee to assist the Learning and Skills Authority or the Training Agreements Committee in the performance of any functions and exercise of any powers under this Act; or

(b) declare that a body is an advisory committee for the purpose of paragraph (a) .

(2)  The Minister may appoint persons as members of an advisory committee established under subsection (1) (a) on any terms and conditions the Minister considers appropriate.

(3)  The Minister may –

(a) abolish an advisory committee established under subsection (1) (a) ; or

(b) revoke a declaration made under subsection (1) (b) .

(4)  [Section 20 Subsection (4) inserted by No. 63 of 2003, s. 11, Applied:01 Jan 2004] The quorum at a meeting of an advisory committee established under subsection (1) (a) is a majority of the total number of members of the advisory committee.

(5)  [Section 20 Subsection (5) inserted by No. 63 of 2003, s. 11, Applied:01 Jan 2004] An advisory committee established under subsection (1) (a) is to keep accurate minutes of its meetings.

(6)  [Section 20 Subsection (6) inserted by No. 63 of 2003, s. 11, Applied:01 Jan 2004] Subject to this Act, the procedure for the calling of, and for the conduct of business at, meetings of an advisory committee established under subsection (1) (a) are as determined by the committee.

(7)  [Section 20 Subsection (7) inserted by No. 63 of 2003, s. 11, Applied:01 Jan 2004] If all members of an advisory committee established under subsection (1) (a) sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is taken to have been passed at a meeting of the committee held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last member signs the document.

(8)  [Section 20 Subsection (8) inserted by No. 63 of 2003, s. 11, Applied:01 Jan 2004] If a resolution is taken to have been passed under subsection (7) , each member of the advisory committee is to be –

(a) advised immediately of the matter; and

(b) given a copy of the terms of the resolution.

(9)  [Section 20 Subsection (9) inserted by No. 63 of 2003, s. 11, Applied:01 Jan 2004] For the purposes of subsection (7) , 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members of the advisory committee, is taken to constitute one document.

21.   Industry training advisory bodies

(1)  [Section 21 Subsection (1) amended by No. 39 of 2004, s. 21, Applied:01 Jan 2005] The Minister, on the recommendation of the Learning and Skills Authority, may declare that a body corporate is a training advisory body in respect of an industry or industries if–

(a) that body submits its constitution to the Minister; and

(b) the Minister approves its constitution.

(2)  A declaration –

(a) is to be notified in the Gazette; and

(b) takes effect on or after that notification.

21A.   Establishment of industry training advisory body

[Section 21A Inserted by No. 87 of 1999, s. 12, Applied:15 Dec 1999]

(1)  [Section 21A Subsection (1) amended by No. 39 of 2004, s. 22, Applied:01 Jan 2005] The Minister, after consultation with the Learning and Skills Authority, may establish an industry training advisory body.

(2)  The Minister may appoint persons as members of an industry training advisory body on any terms and conditions the Minister considers appropriate.

(3)  The Minister may remove a member of an industry training advisory body if the Minister considers it appropriate to do so.

(4)  An industry training advisory body established under this section –

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

(c) may sue and be sued in its corporate name; and

(d) is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions or exercising its powers; and

(e) is capable of doing anything that a body corporate may do that is necessary or expedient for performing its functions or exercising its powers.

(5)  The Minister may abolish an industry training advisory body established under this section.

(6)  The Minister is to cause the establishment of an industry training advisory body or the abolishment of that body to be notified in the Gazette.

(7)  The establishment or abolishment of an industry training advisory body takes effect on the date on which it is notified in the Gazette.

21B.   Constitution of industry training advisory body

[Section 21B Inserted by No. 87 of 1999, s. 12, Applied:15 Dec 1999]

(1)  An industry training advisory body established under section 21A is to submit its constitution to the Minister for approval.

(2)  The Minister may require the industry training advisory body to amend any provision of its constitution.

(3)  The Minister may approve the constitution with or without any amendments.

22.   Functions and powers of industry training advisory bodies

(1)  The functions of an industry training advisory body are –

(a) [Section 22 Subsection (1) amended by No. 39 of 2004, s. 23, Applied:01 Jan 2005] to advise the Learning and Skills Authority on issues relating to vocational education and training in respect to the industry or industries it represents; and

(b) [Section 22 Subsection (1) amended by No. 39 of 2004, s. 23, Applied:01 Jan 2005] to provide information and reports as required by the Learning and Skills Authority.

(2)  An industry training advisory body may do anything necessary or convenient to perform its functions.

23.   Notification of alterations of constitution

An industry training advisory body is to notify the Minister of any proposed alteration to its constitution.

24.   Revocation of declaration

The Minister may revoke a declaration made under section 21 if –

(a) the industry training advisory body has altered its constitution without notifying the Minister; or

(b) the Minister does not approve of any proposed alteration to its constitution; or

(c) the Minister is satisfied that it is in the best interest of vocational education and training to do so.

PART 4 - Qualifications Authority

[Part 4 Substituted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

25.   Functions and powers of Qualifications Authority under this Act

[Section 25 Subsection (1) amended by No. 87 of 1999, Sched. 2, Applied:15 Dec 1999] [Section 25 Subsection (1) amended by No. 87 of 1999, s. 13, Applied:15 Dec 1999] [Section 25 Subsection (5) amended by No. 87 of 1999, Sched. 2, Applied:15 Dec 1999] [Section 25 Substituted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  The Qualifications Authority has the following functions:

(a) to liaise with authorities and bodies in respect of accreditation and registration decisions and endorsements of nationally endorsed training packages;

(b) to register providers of accredited training courses;

(c) to accredit courses as accredited training courses;

(d) to ensure that the quality of service provided by registered training organisations is maintained;

(e) to establish and maintain procedures and systems in respect of its functions under this Act;

(f) any other function that the Minister, by written notice provided to the Qualifications Authority, directs the Qualifications Authority to perform.

(2)  The Qualifications Authority has the following powers under this Act:

(a) to enter into reciprocal arrangements with other accreditation, recognition and registration bodies;

(b) to do anything necessary or convenient to be done in connection with the performance and exercise of its functions and powers under this Act.

26.   Directions by Qualifications Authority

[Section 26 Substituted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  By written notice served on a registered training organisation, the Qualifications Authority may give directions in relation to any matter relating to qualifications, accredited training courses, training, assessments and registered training organisations.

(2)  A registered training organisation must comply with a direction given under subsection (1) .

Penalty:  Fine not exceeding 200 penalty units.

26A.   

[Section 26A Inserted by No. 87 of 1999, s. 14, Applied:15 Dec 1999] [Section 26A Repealed by No. 63 of 2003, s. 12, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

27.   Review of decisions

[Section 27 Amended by No. 87 of 1999, Sched. 2, Applied:15 Dec 1999] [Section 27 Amended by No. 87 of 1999, s. 15, Applied:15 Dec 1999] [Section 27 Substituted by No. 63 of 2003, s. 12, Applied:01 Jan 2004] Part 6 of the Tasmanian Qualifications Authority Act 2003 makes provision for the review of decisions of the Qualifications Authority made under this Act.

28.   Application of regulations and rules under Tasmanian Qualifications Authority Act 2003

[Section 28 Subsection (5) omitted by No. 87 of 1999, s. 16, Applied:15 Dec 1999] [Section 28 Substituted by No. 63 of 2003, s. 12, Applied:01 Jan 2004] The Tasmanian Qualifications Authority Act 2003 provides for the making of regulations and rules in relation to the performance and exercise of the functions and powers of the Qualifications Authority under this Act.

28A.   

[Section 28A Inserted by No. 87 of 1999, s. 17, Applied:15 Dec 1999] [Section 28A Repealed by No. 63 of 2003, s. 12, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

28B.   

[Section 28B Inserted by No. 87 of 1999, s. 17, Applied:15 Dec 1999] [Section 28B Repealed by No. 63 of 2003, s. 12, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

PART 5 - Registered Training Organisations

[Part 5 Substituted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

Division 1 - Requirement for registration

[Division 1 of Part 5 Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

29.   Offence to falsely claim to be registered training organisation

[Section 29 Subsection (1) amended by No. 87 of 1999, Sched. 1, Applied:15 Dec 1999] [Section 29 Subsection (4) amended by No. 87 of 1999, s. 19, Applied:15 Dec 1999] [Section 29 Subsection (4) amended by No. 87 of 1999, Sched. 2, Applied:15 Dec 1999] [Section 29 Substituted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  A person must not claim to be a registered training organisation unless the person is a registered training organisation.

Penalty:  Fine not exceeding 200 penalty units.

(2)  A person must not –

(a) issue, claim to be able to issue or purport to issue a qualification or statement of attainment; or

(b) provide, claim to be able to provide or purport to provide training or assessments resulting in the issue of a qualification or statement of attainment –

unless the person is a registered training organisation operating within the scope of its registration or a person acting for such a registered training organisation.

Penalty:  Fine not exceeding 200 penalty units.

(3)  A person must not claim to be able to provide training resulting in the issue of a qualification or statement of attainment by another person knowing that the other person is not lawfully able to issue the qualification or statement of attainment.

Penalty:  Fine not exceeding 200 penalty units.

(4)  For subsections (1) , (2) and (3) , a person claims to be a registered training organisation or claims to be able to do a particular thing if the person –

(a) makes that claim; or

(b) does any act likely to induce another person to believe the person is a registered training organisation or is able to do the particular thing.

(5)  This section does not apply to a registering body.

Division 2 - Registration as registered training organisation

[Division 2 of Part 5 Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

30.   Application for registration

[Section 30 Subsection (2) amended by No. 87 of 1999, s. 20, Applied:15 Dec 1999] [Section 30 Substituted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  A person who proposes to provide, in Tasmania or elsewhere, training or assessments in respect of a qualification may apply to the Qualifications Authority for registration as a registered training organisation.

(2)  An application is to be –

(a) in a form approved by the Qualifications Authority; and

(b) accompanied by any prescribed fee.

(3)  The Qualifications Authority may require the applicant to provide any further information it considers relevant to the application.

31.   Registration as registered training organisation

[Section 31 Subsection (1) amended by No. 87 of 1999, Sched. 2, Applied:15 Dec 1999] [Section 31 Substituted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  On receipt of an application under section 30 , the Qualifications Authority may –

(a) register the applicant as a registered training organisation for a period not exceeding 5 years; or

(b) refuse to so register the applicant.

(2)  In determining whether or not to register an applicant, the Qualifications Authority is to apply the national training standards.

(3)  The Qualifications Authority may not register an applicant unless –

(a) the applicant is not already registered; and

(b) the Qualifications Authority considers that the applicant's principal place of business is or will be, or all or most of its operations will be conducted, in Tasmania; and

(c) a compliance audit has been conducted and shows that the applicant complies with the national training standards, other than the legislative compliance standard.

(4)  Subsection (3)(a) and (c) does not apply to an application if –

(a) the application is made by an interstate registered training organisation; and

(b) the interstate registered training organisation has received a notice from a registering body under a corresponding law that corresponds to section 32G ; and

(c) the application does not ask for an amendment of the interstate registered training organisation's existing scope of registration or registered conditions.

(5)  The Qualifications Authority may refuse to register the applicant if the Qualifications Authority considers that the applicant is not suitable to be a registered training organisation.

(6)  In determining whether the applicant is suitable to be a registered training organisation, the Qualifications Authority may have regard to –

(a) the prior conduct of the applicant or an associate of the applicant, whether in Tasmania or elsewhere; and

(b) any other matter the Qualifications Authority considers relevant.

(7)  In subsection (6) , a person is an associate of the applicant if the person can, or will be able to, have a significant influence over or in relation to the carrying out of the operations of the applicant once registered as a registered training organisation.

(8)  Subsections (2) , (3) and (5) do not limit the grounds on which the Qualifications Authority may refuse to register the applicant.

(9)  On refusing to register an applicant, the Qualifications Authority is to notify the applicant in writing of that decision.

(10)  On deciding to register an applicant, the Qualifications Authority is to –

(a) register the applicant as a training organisation that provides, within its scope of registration –

(i) training and assessments resulting in the issue of qualifications or statements of attainment by the organisation; or

(ii) assessments resulting in the issue of qualifications or statements of attainment by the organisation; and

(b) register the scope of the registration.

(11)  The Qualifications Authority is to comply with subsection (10)  –

(a) as soon as practicable after deciding to register the applicant; or

(b) if the application is by a person who is an interstate registered training organisation in respect of whom a registering body is taking action under a corresponding law that corresponds to section 32G(3) , as soon as practicable after that registering body cancels the existing registration of the interstate registered training organisation.

32.   Registration subject to conditions

[Section 32 Repealed by No. 87 of 1999, s. 21, Applied:15 Dec 1999] [Section 32 Substituted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  On deciding under section 31 to register a person as a registered training organisation, the Qualifications Authority may impose conditions to which the registration is subject.

(2)  A condition may only be imposed under subsection (1) if it –

(a) applies to the operation of the registered training organisation in all States and Territories; and

(b) is consistent with this Act and the national training standards.

(3)  At any time, the Qualifications Authority –

(a) may amend conditions imposed on the registration of a registered training organisation under subsection (1) ; or

(b) may impose any conditions that it could have imposed under that subsection.

(4)  If the Qualifications Authority imposes or amends conditions under subsection (1) or (3) , the Qualifications Authority is to –

(a) notify the applicant or registered training organisation in writing of the condition; and

(b) register –

(i) the conditions imposed under subsection (1) when it registers the applicant as a training organisation; or

(ii) the amendment made, or the new conditions imposed, under subsection (3) as soon as practicable after determining to make the amendment or impose those new conditions.

(5)  The registration of a local registered training organisation is also subject to the following conditions:

(a) the local registered training organisation must comply with the national training standards;

(b) the local registered training organisation must notify the Qualifications Authority, in writing, of any substantial change to the registered training organisation's control, management or operations before or as soon as practicable after the change occurs;

(c) the local registered training organisation must –

(i) submit to any compliance audit; and

(ii) take all necessary steps to comply with the national training standards if a particular compliance audit shows the registered training organisation does not comply with those standards, other than the legislative compliance standard;

(d) the local registered training organisation must submit to any audit conducted by a registering body under a corresponding law that corresponds to section 32L ;

(e) the local registered training organisation must not contravene a provision of this Act or a corresponding law;

(f) the local registered training organisation must give to the Qualifications Authority any information it reasonably requires that relates to –

(i) any of the operations of the registered training organisation; or

(ii) a condition to which the registration is subject;

(g) registered conditions imposed under a corresponding law corresponding to this Part;

(h) the local registered training organisation must give to a registering body any information it reasonably requires that relates to a registered condition imposed by the registering body under a corresponding law that corresponds to section 32F(2)(b) .

(6)  A condition to which the registration of a local registered training organisation is subject applies in relation to the operation of the registered training organisation in all States and Territories, unless the contrary intention appears.

(7)  A local registered training organisation must not contravene a condition to which its registration is subject.

Penalty:  Fine not exceeding 200 penalty units.

(8)  A prescribed condition has effect in Tasmania.

(9)  In subsection (8) ,

prescribed condition means a condition that –

(a) is imposed on the registration of a registered training organisation by a registering body under a corresponding law; and

(b) is referred to in a provision of that corresponding law that corresponds to subsection (6) .

32A.   Registration certificate

[Section 32A Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  On registering a registered training organisation, the Qualifications Authority is to issue a registration certificate to the local registered training organisation.

(2)  A registration certificate is to specify –

(a) the period for which the local registered training organisation is registered; and

(b) any conditions to which the registration of the local registered training organisation is subject.

(3)  If the Qualifications Authority –

(a) amends the period for which a local registered training organisation is registered; or

(b) amends the conditions to which the registration is subject; or

(c) imposes new conditions to which the registration is subject –

the Qualifications Authority is to amend the registration certificate or issue a replacement registration certificate.

(4)  Conditions to which the registration of a local registered training organisation is subject may be specified in a registration certificate by –

(a) specifying those conditions in or on the certificate; or

(b) attaching those conditions to the certificate; or

(c) providing to the registered training organisation a written notice containing those conditions.

(5)  A local registered training organisation must comply with the written requirement of the Qualifications Authority that the registration certificate be surrendered to the Qualifications Authority for the purpose of amending it or replacing it as the Qualifications Authority determines appropriate.

32B.   Term of registration

[Section 32B Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  The registration of a local registered training organisation has effect for the period not exceeding 5 years specified in the registration certificate unless sooner cancelled.

(2)  The registration of a local registered training organisation takes effect when that registration is entered in the national training register.

32C.   Registration fee

[Section 32C Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004] A local registered training organisation must pay any prescribed registration fee.

32D.   Amendment of registration

[Section 32D Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  On the application of a local registered training organisation, the Qualifications Authority may amend the registration of the local registered training organisation or the conditions to which the registration is subject, other than the conditions referred to in section 32(5)(a) , (b) , (c) , (d) , (e) , (f) and (h) .

(2)  If an application is to amend the scope of the registration or the registered conditions –

(a) the application is to be –

(i) in a form approved by the Qualifications Authority; and

(ii) accompanied by any prescribed fee; and

(b) the Qualifications Authority may require the applicant to provide any further information it considers relevant to the application.

(3)  Sections 31 and 32(1) , (2) and (4) apply as if the application were an application under section 31 subject to the following:

(a) section 31(3)(a) is not relevant;

(b) section 31(3)(b) applies in relation to the scope of registration or registered conditions as amended in accordance with the application;

(c) section 31(3)(c) only requires a compliance audit to the extent an audit is relevant to the amendment.

(4)  On determining to amend the registration of a registered training organisation or a condition under subsection (1) or to refuse to do so, the Qualifications Authority must notify the applicant of that determination in writing.

(5)  The amendment of the registration of a registered training organisation or a condition under subsection (1) takes effect when that amendment is entered in the national training register.

32E.   Renewal of registration

[Section 32E Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  A local registered training organisation may apply for renewal of the registration not less than 6 calendar months before the registration ceases to have effect.

(2)  This Part applies in respect of an application for renewal of registration as a registered training organisation, and that renewal, as if the application were an application for a first registration as a registered training organisation.

32F.   Cancellation, suspension or amendment of registration or conditions

[Section 32F Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  Each of the following is a ground for cancelling, suspending or amending the registration of a registered training organisation or for amending the conditions to which that registration is subject:

(a) the registered training organisation provided incorrect or misleading information to the Qualifications Authority when applying for that registration, an amendment to that registration or an amendment to the conditions to which that registration is subject;

(b) the registered training organisation has contravened a condition to which its registration is subject;

(c) the registered training organisation has contravened a direction given to it under section 26 .

(2)  If the Qualifications Authority is satisfied that any of the grounds specified in subsection (1) exist, it may, after allowing the registered training organisation an opportunity to make submissions in respect of the matter –

(a) in the case of a local registered training organisation –

(i) amend the scope of its registration or the registered conditions to which registration is subject, including by the imposition of a restriction that applies in Tasmania, another State or a Territory or in Tasmania and any or all other States and Territories; or

(ii) suspend its registration, or part of the scope of its registration, for the purposes of Tasmania, another State or a Territory, or for Tasmania and any or all other States and Territories, by imposing a prohibition applying in Tasmania, another State or a Territory while the suspension is in force; or

(iii) cancel its registration; or

(b) in the case of an interstate registered training organisation, amend the scope of its registration or the registered conditions to which its registration is subject, but only to impose a restriction that applies in Tasmania.

(3)  The Qualifications Authority may not impose a restriction under subsection (2)(b) unless –

(a) the registering body that registered the registered training organisation –

(i) fails to take any step to deal with the matter to which the grounds relate within 30 days after the matter comes to the attention of the registering body; or

(ii) fails, after taking any step to deal with the matter to which the grounds relate, to take another step within 30 days after taking that earlier step; or

(b) the Qualifications Authority has conducted a compliance audit and is imposing the restriction as a consequence of that audit.

(4)  Subsection (3)(a) does not prevent the Qualifications Authority from taking, within the relevant period referred to in that subsection, all steps necessary in preparation for the imposition of a restriction after the end of that period.

(5)  If a restriction or prohibition imposed under subsection (2) relates to a particular place, State or Territory, it may only be imposed because of a particular fact situation that has arisen in that place, State or Territory.

(6)  A restriction or prohibition imposed under subsection (2) is to be consistent with this Act and the national training standards.

(7)  In circumstances the Qualifications Authority considers exceptional, the Qualifications Authority under subsection (2)(a)(ii) may suspend the local registered training organisation from providing training or an assessment, or soliciting or accepting consideration for the provision of training or an assessment, that it would otherwise be entitled to provide, solicit or accept by reason of section 32H(3) .

(8)  Before cancelling the registration of a local registered training organisation under subsection (2) , the Qualifications Authority is to consult with the registering bodies of each State or Territory in which the registered training organisation is operating.

(9)  A failure to comply with subsection (8) does not affect a cancellation of the registration of a local registered training organisation.

32G.   Cancelling registration on change of location of operations

[Section 32G Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  On its own initiative or on the application of the local registered training organisation, the Qualifications Authority may cancel the registration of a local registered training organisation if the Qualifications Authority is satisfied that the local registered training organisation does not have its principal place of business, and does not conduct all or most of its operations, in Tasmania.

(2)  At least 30 days before cancelling the registration of a local registered training organisation, the Qualifications Authority is to notify the registered training organisation, in writing, of its intention to do so.

(3)  If before the end of the period specified in subsection (2) the local registered training organisation makes an application to a registering body in another State or a Territory for registration as a training organisation, the Qualifications Authority may not cancel the registration of the registered training organisation until that application is determined.

(4)  Subsection (3) does not apply if the Qualifications Authority is satisfied that the local registered training organisation is not acting honestly in relation to the application to be registered as a training organisation by a registering body in another State or a Territory.

32H.   Effect of suspending registration of registered training organisation

[Section 32H Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  This section applies if the registration, or part of the scope of registration, of a local registered training organisation is suspended under section 32F(2)(a)(ii) .

(2)  A person must not do anything, in Tasmania, another State or a Territory, for any of the following purposes in relation to training, or an assessment, that is the subject of a suspension under section 32F(2)(a)(ii) :

(a) recruiting or enrolling anyone;

(b) soliciting, or accepting any consideration for, the recruitment or enrolment of anyone;

(c) starting a person's training or assessment;

(d) if the provision of training or the soliciting or accepting of consideration for the provision of training has been suspended under section 32F(7) , providing the training or soliciting or accepting consideration for the provision of training.

Penalty:  Fine not exceeding 200 penalty units.

(3)  If before the suspension took effect the local registered training organisation had entered into an agreement to provide training or an assessment to a person, subsection (2)(a) , (b) or (c) does not prohibit anyone from relying on the agreement –

(a) to provide the training or assessment; or

(b) to solicit or accept consideration for the provision of the training or assessment.

32I.   Surrender of registration

[Section 32I Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  A local registered training organisation may surrender its registration with the approval of the Qualifications Authority.

(2)  If the Qualifications Authority approves the surrender of the registration of a local registered training organisation, it is to cancel that registration.

32J.   Registering amendment, suspension or cancellation of registration on national training register

[Section 32J Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004] If the Qualifications Authority under this Part –

(a) amends the scope of the registration of a registered training organisation or the registered conditions to which that registration is subject; or

(b) suspends the registration, or part of the scope of the registration, of a registered training organisation; or

(c) cancels the registration of a registered training organisation –

it is to do so by amending the national training register accordingly.

Division 3 - Compliance audits

[Division 3 of Part 5 Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

32K.   Compliance audit of local registered training organisation

[Section 32K Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  The Qualifications Authority may conduct an audit of a person who has applied under section 30 to be registered as a training organisation.

(2)  At any time, the Qualifications Authority may conduct an audit of –

(a) a local registered training organisation; or

(b) any of the operations of a local registered training organisation, whether conducted in Tasmania, another State, a Territory or elsewhere.

32L.   Compliance audit of interstate registered training organisation

[Section 32L Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004] The Qualifications Authority may conduct an audit of an interstate registered training organisation or any of its operations conducted in Tasmania if –

(a) the Qualifications Authority –

(i) suspects on reasonable grounds that the registered training organisation may have contravened the national training standards; and

(ii) has advised the registering body that registered the registered training organisation of the suspected contravention; and

(b) that registering body –

(i) within 30 days after receiving the advice, fails to take steps to deal with the suspected contravention to the satisfaction of the Qualifications Authority; or

(ii) at any time advises the Qualifications Authority that it does not propose to take any step or any further step to deal with the suspected contravention.

32M.   Conduct of compliance audit

[Section 32M Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  A compliance audit is to comply with the standards for State and Territory registering and course accrediting bodies.

(2)  A failure to comply with subsection (1) is of no effect if the failure –

(a) does not substantially affect the outcome of the compliance audit; or

(b) arises out of inconsistency between the standards for State and Territory registering and course accrediting bodies and the legislation of the State or Territory in relation to which the failure arises.

32N.   Charge for compliance audit

[Section 32N Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  The Qualifications Authority, by written notice provided to a registered training organisation, may require the registered training organisation to pay a fee in respect of a compliance audit of the registered training organisation.

(2)  A fee under subsection (1) must not exceed the reasonable costs of conducting the compliance audit.

(3)  A registered training organisation must pay any fee it is required to pay under subsection (1) .

32O.   Powers not limited by compliance audit provisions

[Section 32O Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004] The powers of the Qualifications Authority or a registering body to inquire into the activities of a registered training organisation or other person are not limited by this Division.

Division 4 - Disclosing information to registering bodies

[Division 4 of Part 5 Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

32P.   Information may be given to registering bodies

[Section 32P Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  The Qualifications Authority may disclose to a registering body information it has about, or arising from, the following:

(a) an application for registration as a registered training organisation;

(b) a registered training organisation's registration;

(c) a compliance audit conducted under this Part;

(d) action taken by the Qualifications Authority in relation to a registered training organisation;

(e) the performance or exercise of a function or power by a person at the request of the Qualifications Authority or a registering body.

(2)  In disclosing information under subsection (1) or a provision of a corresponding law that corresponds to that subsection, the Qualifications Authority does not contravene an obligation not to disclose the information, whether imposed by an Act or by another rule of law.

Division 5 - Issue of qualifications and statements of attainment

[Division 5 of Part 5 Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

32Q.   Issuing qualifications and statements of attainment

[Section 32Q Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  A registered training organisation must issue a qualification or statement of attainment to a student who –

(a) has –

(i) undertaken an accredited training course or training consistent with the vocational education and training provisions of the Australian Qualifications Framework with the registered training organisation; and

(ii) attained the skills and knowledge required for the issue of a qualification or statement of attainment; or

(b) has been recognised by the registered training organisation as having the skills and knowledge required for the issue of the qualification or statement of attainment.

Penalty:  Fine not exceeding 25 penalty units.

(2)  For the purposes of subsection (1) , the qualification or statement of attainment must be issued –

(a) within a reasonable time; or

(b) if the student has, in writing, requested the issue of the qualification or statement of attainment, within 21 days after the registered training organisation receives that request.

(3)  Despite subsections (1) and (2) , a registered training organisation may refuse to issue a qualification or statement of attainment if any fee payable to the registered training organisation in respect of the qualification or statement of attainment, or the provision of the accredited training course or training that led to the right to have the qualification or statement of attainment issued, has not been paid.

32R.   Cancellation of qualification or statement of attainment

[Section 32R Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  A registered training organisation may cancel a qualification or statement of attainment issued by it if the qualification or statement of attainment was issued –

(a) in error; or

(b) because a document or representation was false or misleading or was obtained or made in an improper way.

(2)  If the registered training organisation cancels a qualification or statement of attainment, the registered training organisation must give written notice of the cancellation to the person to whom the qualification or statement of attainment was issued.

(3)  A person receiving notice under subsection (2) must return the cancelled qualification or statement of attainment to the registered training organisation –

(a) if the person does not apply for a review of the cancellation under section 60 of the Tasmanian Qualifications Authority Act 2003 , within 21 days after receiving the notice; or

(b) if the person does apply for a review of the cancellation under that section, within 21 days after the person withdraws the application or the application is unsuccessful.

Penalty:  Fine not exceeding 25 penalty units.

PART 5A - Accredited Training Courses

[Part 5A Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

Division 1 - Requirement for accreditation

[Division 1 of Part 5A Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

32S.   Offence to falsely claim to provide accredited training course

[Section 32S Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  A person must not claim that a course provided, or to be provided, by the person is an accredited training course unless it is an accredited training course.

Penalty:  Fine not exceeding 200 penalty units.

(2)  For subsection (1) , a person claims that a course provided or to be provided by the person is an accredited training course if the person –

(a) makes that claim; or

(b) does any act likely to induce another person to believe the course is an accredited training course.

Division 2 - Accreditation of training courses

[Division 2 of Part 5A Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

32T.   Applying for accreditation

[Section 32T Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  A person may apply to the Qualifications Authority to have a course accredited.

(2)  An application is to be –

(a) in a form approved by the Qualifications Authority; and

(b) accompanied by any prescribed fee.

(3)  The Qualifications Authority may require the applicant to provide any further information it considers relevant to the application.

32U.   Accreditation as accredited training course

[Section 32U Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  On receipt of an application under section 32T , the Qualifications Authority may –

(a) accredit the training course for a period not exceeding 5 years; or

(b) refuse to so accredit the training course.

(2)  In determining whether or not to accredit a training course, the Qualifications Authority is to apply the national course accreditation standards.

(3)  Subsection (2) does not limit the grounds on which the Qualifications Authority may refuse to accredit the training course.

(4)  On refusing to accredit a training course, the Qualifications Authority is to notify the applicant in writing of that decision.

(5)  On deciding to accredit a training course, the Qualifications Authority is to –

(a) register the course as an accredited training course as soon as practicable; and

(b) notify the applicant of the accreditation of the course.

32V.   Accreditation certificate

[Section 32V Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  On accrediting a training course, the Qualifications Authority is to issue an accreditation certificate to the person who applied for the accreditation of the course.

(2)  An accreditation certificate is to specify –

(a) the person to whom it is issued; and

(b) the accredited training course to which it applies; and

(c) the period for which the training course is accredited.

32W.   Term of accreditation

[Section 32W Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  The accreditation of a training course has effect for the period not exceeding 5 years as determined by the Qualifications Authority under section 32U(1)(a) .

(2)  The accreditation of a training course takes effect on the day the course is registered.

32X.   Renewal of accreditation

[Section 32X Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  A person may apply to the Qualifications Authority for the renewal of the accreditation of an accredited training course not less than 6 calendar months before the accreditation ceases to have effect.

(2)  This Part applies in respect of an application for renewal of the accreditation of an accredited training course, and that renewal, as if the application were an application for a first accreditation as an accredited training course.

32Y.   Cancellation of accreditation

[Section 32Y Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004]

(1)  Each of the following is a ground for cancelling the accreditation of an accredited training course:

(a) the course does not meet the national course accreditation standards;

(b) the person named in an accreditation certificate has surrendered the accreditation with the approval of the Qualifications Authority.

(2)  If the Qualifications Authority is satisfied that the ground specified in subsection (1)(a) exists, it may cancel the accreditation of the accredited training course after allowing the person named in the accreditation certificate an opportunity to make submissions in respect of the matter.

(3)  As soon as practicable after determining to cancel the accreditation of an accredited training course on a ground referred to in subsection (1)(a) or approving the surrender of that accreditation, the Qualifications Authority is to notify the person named in the accreditation certificate, in writing, of that determination or approval.

32Z.   Updating national training register

[Section 32Z Inserted by No. 63 of 2003, s. 12, Applied:01 Jan 2004] If the Qualifications Authority does any of the following, it is to amend the national training register accordingly:

(a) renew the accreditation of an accredited training course under section 32X ;

(b) cancel the accreditation of an accredited training course under section 32Y .

PART 6 - Training Agreements and Vocational Placement Agreements

Division 1 - Training agreements

33.   Offence to undertake to train a person without training agreement

[Section 33 Substituted by No. 87 of 1999, s. 23, Applied:15 Dec 1999] [Section 33 Substituted by No. 63 of 2003, s. 14, Applied:01 Jan 2004] An employer must not undertake to train a person as if that person were a trainee without entering into a training agreement with that person under section 34 .

Penalty:  Fine not exceeding 100 penalty units.

34.   Employer may enter into training agreements

[Section 34 Substituted by No. 87 of 1999, s. 23, Applied:15 Dec 1999] [Section 34 Substituted by No. 63 of 2003, s. 14, Applied:01 Jan 2004]

(1)  Subject to section 35 , an employer may enter into a training agreement with another person to provide training to that other person under the agreement that results in a qualification being issued to that other person.

(2)  Within 21 days after entering into a training agreement, an employer is to forward the training agreement to the Training Agreements Committee for its approval under section 36 .

35.   Limits on entering into training agreement

[Section 35 Subsection (1) amended by No. 87 of 1999, s. 24, Applied:15 Dec 1999] [Section 35 Substituted by No. 63 of 2003, s. 14, Applied:01 Jan 2004]

(1)  An employer may not enter into a training agreement under section 34 in relation to a particular qualification if the Training Agreements Committee has determined under subsection (4)(a) that a training agreement may not be entered into in relation to that qualification.

(2)  An employer may not enter into a training agreement under section 34 in relation to a particular qualification if the training agreement would contravene, or would require the parties to the training agreement to contravene, any conditions determined under subsection (4)(b) or section 43 by the Training Agreements Committee in relation to that qualification.

(3)  An employer may not enter into a training agreement if that agreement is not in a form determined by the Training Agreements Committee under subsection (4)(c) .

(4)  The Training Agreements Committee may determine –

(a) that training agreements may not be entered into in relation to a particular qualification; and

(b) the conditions with which a training agreement, or the parties to a training agreement, in relation to a particular qualification must comply; and

(c) the form with which training agreements are to comply.

(5)  In determining under subsection (4)(c) the form with which training agreements are to comply, the Training Agreements Committee is to have regard to the form and contents of the training contract agreed by the ANTA Ministerial Council.

36.   Approval of training agreement

(1)  The Training Agreements Committee may –

(a) approve a training agreement with or without changes and conditions; or

(b) refuse to approve the agreement.

(2)  A training agreement is of no effect unless it is approved by the Training Agreements Committee.

(3)  The Training Agreements Committee may only approve a training agreement if satisfied that –

(a) [Section 36 Subsection (3) amended by No. 63 of 2003, s. 15, Applied:01 Jan 2004] the agreement does not relate to a qualification determined by the Training Agreements Committee under section 35(4)(a) to be a qualification in relation to which training agreements may not be entered into; and

(ab) [Section 36 Subsection (3) amended by No. 63 of 2003, s. 15, Applied:01 Jan 2004] the agreement is in the form determined by the Training Agreements Committee under section 35(4)(c) ; and

(ac) [Section 36 Subsection (3) amended by No. 63 of 2003, s. 15, Applied:01 Jan 2004] the employer is a fit and proper person within the meaning of section 54 ; and

(b) the place of work meets the requirements specified in any other Act; and

(c) [Section 36 Subsection (3) amended by No. 63 of 2003, s. 15, Applied:01 Jan 2004] the number of trainees employed by the employer does not exceed any maximum number as determined by the Training Agreements Committee.

37.   Transfer of training agreement

(1)  [Section 37 Subsection (1) amended by No. 87 of 1999, s. 25, Applied:15 Dec 1999] Any party, with the approval of, and subject to any conditions determined by, the Training Agreements Committee, may transfer a training agreement to another employer in the qualification or set of qualifications to which theagreement relates.

(2)  [Section 37 Subsection (2) amended by No. 87 of 1999, s. 25, Applied:15 Dec 1999] If the employer sells the business or any part of the business, a training agreement in respect of any qualification or set of qualifications which forms part of the business sold is transferred to the purchaser.

(3)  If a partner in the business dies, resigns or is removed from office, a training agreement is transferred to all the surviving, continuing or new partners in the business.

(4)  A transfer is for –

(a) the period specified by the parties to the agreement; or

(b) if the parties do not specify the period, the remainder of the term of the agreement.

38.   Compliance with training agreement

(1)  The parties to a training agreement must comply with the terms of the agreement.

Penalty:  [Section 38 Subsection (1) amended by No. 63 of 2003, s. 16, Applied:01 Jan 2004] Fine not exceeding 100 penalty units.

(2)  A training agreement that is transferred under section 37 is binding on the person to whom it is transferred.

39.   Temporary release

(1)  A party to a training agreement may apply to the Training Agreements Committee for approval to be released for a specified period from the obligations of a training agreement.

(2)  The Training Agreements Committee may –

(a) approve a temporary release from the obligations of a training agreement subject to any conditions it considers appropriate; or

(b) refuse to approve the temporary release.

(3)  The period during which a trainee is released from the obligations of a training agreement is part of the term of that agreement.

(4)  [Section 39 Subsection (4) inserted by No. 87 of 1999, s. 26, Applied:15 Dec 1999] A training agreement is extended by any period of temporary release unless the Training Agreements Committee determines otherwise.

40.   Amendment of training agreement

(1)  A training agreement may be amended –

(a) by parties to the agreement with the approval of the Training Agreements Committee; or

(b) by the Training Agreements Committee if it is satisfied that it is desirable to do so.

(2)  The Training Agreements Committee, by notice in writing, must notify each party to a training agreement of its intention to amend the agreement.

41.   Suspension of training agreement

(1)  A training agreement may be suspended –

(a) by the parties to the agreement with the approval of the Training Agreements Committee; or

(b) by the Training Agreements Committee if it is satisfied that it is desirable to do so.

(2)  The parties to a training agreement which is suspended are not bound by the terms of the agreement during that suspension except –

(a) as may be agreed between them; or

(b) if the Training Agreements Committee otherwise determines.

(3)  A training agreement which is suspended is extended by the period of suspension unless the Training Agreements Committee determines otherwise.

(4)  The Training Agreements Committee, by notice in writing, must notify each party to a training agreement of its intention to suspend the agreement.

42.   Cancellation of training agreement

(1)  A training agreement may be cancelled –

(a) by the parties to the agreement with the approval of the Training Agreements Committee; or

(b) by the Training Agreements Committee if it is satisfied that –

(i) it is desirable to do so; or

(ii) the agreement does not comply with this Act.

(2)  The Training Agreements Committee, by notice in writing, must notify each party to a training agreement of its intention to cancel the agreement.

43.   Training subject to conditions

[Section 43 Substituted by No. 87 of 1999, s. 27, Applied:15 Dec 1999] [Section 43 Substituted by No. 63 of 2003, s. 17, Applied:01 Jan 2004]

(1)  The Training Agreements Committee may determine conditions in respect of the training, or the provision of training, under a training agreement leading to a particular qualification, a class of qualification or all qualifications.

(2)  The employer and trainee under a training agreement are to comply with any relevant conditions determined under subsection (1) .

44.   Directions by Training Agreements Committee

[Section 44 Substituted by No. 87 of 1999, s. 27, Applied:15 Dec 1999] [Section 44 Substituted by No. 63 of 2003, s. 17, Applied:01 Jan 2004]

(1)  The Training Agreements Committee may direct a party to a training agreement to take any action the Training Agreements Committee considers appropriate or refrain from doing any act if the Training Agreements Committee is of the opinion that –

(a) the party has contravened the agreement; or

(b) the party has contravened this Act; or

(c) it is otherwise appropriate to give the direction.

(2)  A direction is to be in writing provided to the party to the training agreement.

(3)  A party to the training agreement must comply with a direction provided to him, her or it under this section.

Penalty:  Fine not exceeding 100 penalty units.

Division 2 - Vocational placements

45.   Vocational placement agreement

[Section 45 Substituted by No. 87 of 1999, s. 28, Applied:15 Dec 1999] [Section 45 Substituted by No. 63 of 2003, s. 18, Applied:01 Jan 2004]

(1)  A vocational placement agreement is a written agreement between an employer and a registered training organisation –

(a) under which the employer may provide vocational placements for persons undertaking training required for a qualification; and

(b) which sets out the obligations and rights of –

(i) the employer; and

(ii) the registered training organisation; and

(iii) the persons referred to in paragraph (a) who are provided with vocational placements with or by the employer.

(2)  A vocational placement agreement –

(a) must contain the provisions, or provisions of a type, determined by the Training Agreements Committee that are relevant to the vocational placements being provided; and

(b) may contain other appropriate provisions.

46.   Vocational placement of no effect unless under vocational placement agreement

[Section 46 Substituted by No. 87 of 1999, s. 28, Applied:15 Dec 1999] [Section 46 Substituted by No. 63 of 2003, s. 18, Applied:01 Jan 2004] An employer must not provide a vocational placement –

(a) without entering into a vocational placement agreement with the registered training organisation; and

(b) without the approval of any relevant trade union.

Penalty:  Fine not exceeding 50 penalty units.

47.   Offence to contravene vocational placement agreement

[Section 47 Subsection (1) amended by No. 87 of 1999, Sched. 2, Applied:15 Dec 1999] [Section 47 Subsection (2) substituted by No. 87 of 1999, s. 29, Applied:15 Dec 1999] [Section 47 Substituted by No. 63 of 2003, s. 18, Applied:01 Jan 2004] A party to a vocational placement agreement must not contravene the agreement.

Penalty:  Fine not exceeding 50 penalty units.

48.   

[Section 48 Repealed by No. 87 of 1999, s. 30, Applied:15 Dec 1999] .  .  .  .  .  .  .  .  

49.   

[Section 49 Repealed by No. 87 of 1999, s. 30, Applied:15 Dec 1999] .  .  .  .  .  .  .  .  

50.   

[Section 50 Repealed by No. 87 of 1999, s. 30, Applied:15 Dec 1999] .  .  .  .  .  .  .  .  

51.   Workers compensation

[Section 51 Amended by No. 42 of 1996, s. 3 and Sched. 1 ]An employer must provide any person who is undergoing paid training under a vocational placement agreement with workers compensation under the Workers Rehabilitation and Compensation Act 1988 .

52.   Indemnity insurance

(1)  [Section 52 Subsection (1) amended by No. 63 of 2003, s. 19, Applied:01 Jan 2004] A registered training organisation must obtain indemnity insurance to cover–

(a) [Section 52 Subsection (1) amended by No. 63 of 2003, s. 19, Applied:01 Jan 2004] the registered training organisation against–

(i) proceedings for damages for injury to the trainee or loss of, or damage to, the trainee's property arising out of unpaid training under a vocational placement; and

(ii) loss or damage to the employer's property caused by the trainee during unpaid training under a vocational placement; and

(b) the trainee against proceedings for damages for injury to a person, or loss or damage to property, arising out of training under a vocational placement.

(2)  [Section 52 Subsection (2) amended by No. 63 of 2003, s. 19, Applied:01 Jan 2004] The maximum amount payable in respect of a single claim or action is $10 000 000.

53.   Directions by Training Agreements Committee

[Section 53 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998] [Section 53 Inserted by No. 63 of 2003, s. 20, Applied:01 Jan 2004]

(1)  The Training Agreements Committee may direct a party to a vocational placement to take any action the Training Agreements Committee considers appropriate or refrain from doing any act if the Training Agreements Committee is of the opinion that –

(a) the party has contravened the vocational placement agreement; or

(b) the party has contravened this Act; or

(c) it is otherwise appropriate to give the direction.

(2)  A direction is to be in writing provided to the party to the vocational placement.

(3)  A party to the vocational placement must comply with a direction provided to him, her or it under this section.

Penalty:  Fine not exceeding 50 penalty units.

Division 3 - Restrictions on entering into training agreements or vocational placement agreements

[Division 3 of Part 6 Inserted by No. 63 of 2003, s. 21, Applied:01 Jan 2004]

54.   Persons who may not enter into training agreements or vocational placement agreements

[Section 54 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998] [Section 54 Inserted by No. 63 of 2003, s. 21, Applied:01 Jan 2004]

(1)  After allowing an employer an opportunity to make submissions in respect of the matter, the Training Agreements Committee may determine that the employer is not a fit and proper person for the purposes of entering into training agreements or vocational placement agreements.

(2)  In determining whether an employer is not a fit and proper person, the Training Agreements Committee may take into account –

(a) whether or not the employer has contravened this Act; and

(b) the previous behaviour of the employer in Tasmania in relation to the fulfilment of training agreements and vocational placement agreements; and

(c) the previous behaviour of the employer in any place other than Tasmania in relation to the fulfilment of agreements made in that place which are similar in effect to training agreements and vocational placement agreements; and

(d) whether or not the employer has failed to comply with any directions given by the Training Agreements Committee; and

(e) any other matter the Committee considers relevant.

(3)  If the Training Agreements Committee determines that an employer is not a fit and proper person, it –

(a) is to notify the employer, in writing, of that determination and that the employer is not entitled to enter into training agreements or vocational placement agreements; and

(b) may notify a body in another State or a Territory that has functions that correspond to those of the Training Agreements Committee of that determination; and

(c) may notify a department, or agency, of the Commonwealth that has responsibility for matters relating to vocational education and training of that determination.

(4)  A notice under subsection (3) has effect until revoked.

55.   Offence to enter into training agreement or vocational placement agreement

[Section 55 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998] [Section 55 Inserted by No. 63 of 2003, s. 21, Applied:01 Jan 2004] An employer who has received a notice under section 54(3) must not enter into a training agreement or a vocational placement agreement while that notice has effect.

Penalty:  In the case of –

(a) a training agreement, a fine not exceeding 100 penalty units; or

(b) a vocational placement agreement, a fine not exceeding 50 penalty units.

56.   Revocation of notice

[Section 56 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998] [Section 56 Inserted by No. 63 of 2003, s. 21, Applied:01 Jan 2004]

(1)  The Training Agreements Committee may revoke a notice issued under section 54(3)  –

(a) on the application of the employer; or

(b) at its own discretion.

(2)  An employer may not make an application within 12 months after –

(a) receiving the notice issued under section 54(3) ; or

(b) the determination of the last such application.

(3)  An application is to be in writing and accompanied by any prescribed fee.

(4)  On determining to revoke a notice issued under section 54(3) or refuse to revoke that notice, the Training Agreements Committee is to notify the employer of that determination, in writing.

PART 7 - .  .  .  .  .  .  .  .  

[Part 7 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998]

Division 1 - .  .  .  .  .  .  .  .  

[Division 1 of Part 7 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998]

Division 2 - .  .  .  .  .  .  .  .  

[Division 2 of Part 7 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998]

57.   

[Section 57 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

58.   

[Section 58 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

59.   

[Section 59 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

60.   

[Section 60 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

61.   

[Section 61 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

Division 3 - .  .  .  .  .  .  .  .  

[Division 3 of Part 7 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998]

62.   

[Section 62 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

63.   

[Section 63 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

64.   

[Section 64 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

65.   

[Section 65 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

66.   

[Section 66 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

PART 8 - Inquiries, Inspections and Disputes

67.   Inquiries

(1)  [Section 67 Subsection (1) amended by No. 39 of 2004, s. 24, Applied:01 Jan 2005] Any person may apply to the Learning and Skills Authority to carry out an inquiry into–

(a) [Section 67 Subsection (1) amended by No. 87 of 1999, Sched. 1, Applied:15 Dec 1999] [Section 67 Subsection (1) amended by No. 63 of 2003, s. 22, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

(b) the decision of the Training Agreements Committee in relation to–

(i) the approval of a training agreement or vocational placement agreement; or

(ii) the amendment, transfer, suspension or cancellation of a training agreement; or

(iii) the temporary release from the obligations of a training agreement; or

(iv) the amendment or cancellation of a vocational placement agreement; or

(v) [Section 67 Subsection (1) amended by No. 63 of 2003, s. 22, Applied:01 Jan 2004] entering or not entering into any reciprocal agreement in relation to training agreements; or

(vi) [Section 67 Subsection (1) amended by No. 63 of 2003, s. 22, Applied:01 Jan 2004] whether or not an employer is a fit and proper person for the purposes of entering into training agreements or vocational placement agreements.

(2)  An application is to be –

(a) in writing; and

(b) [Section 67 Subsection (2) amended by No. 39 of 2004, s. 24, Applied:01 Jan 2005] lodged with the Learning and Skills Authority within 14 days after the decision is notified or made known to the person; and

(c) [Section 67 Subsection (2) amended by No. 63 of 2003, s. 22, Applied:01 Jan 2004] accompanied by any prescribed fee.

(3)  [Section 67 Subsection (3) amended by No. 39 of 2004, s. 24, Applied:01 Jan 2005] The Learning and Skills Authority, on its own motion, may carry out an inquiry into–

(a) any matter referred to in subsection (1) ; or

(b) any contravention or failure to comply with–

(i) any provisions of this Act; or

(ii) any provisions of a training agreement or vocational placement agreement.

(4)  [Section 67 Subsection (4) amended by No. 39 of 2004, s. 24, Applied:01 Jan 2005] The Learning and Skills Authority is to carry out an inquiry within 2 months after an application under this section is lodged.

(5)  [Section 67 Subsection (5) amended by No. 39 of 2004, s. 24, Applied:01 Jan 2005] [Section 67 Subsection (5) substituted by No. 71 of 1995, s. 3 and Sched. 1 ]In carrying out an inquiry, the Learning and Skills Authority has and may exercise the same powers as are conferred by Part 3 of the Commissions of Inquiry Act 1995 on Commissions established under section 4 of that Act in respect of inquiries under that Act.

(6)  [Section 67 Subsection (6) amended by No. 39 of 2004, s. 24, Applied:01 Jan 2005] After carrying out an inquiry, the Learning and Skills Authority may make any decision it considers appropriate.

68.   Disputes relating to training and vocational placement agreements

(1)  [Section 68 Subsection (1) amended by No. 87 of 1999, s. 31, Applied:15 Dec 1999] A party to a training agreement or vocational placement agreement may apply to the Training Agreements Committee to hear and determine any dispute.

(2)  An application is to state –

(a) full details of the dispute; and

(b) details of any action taken by any party to resolve the dispute; and

(c) any other matter the Training Agreements Committee may require.

(3)  In hearing and determining a dispute, the Training Agreements Committee, by notice in writing, may require any person to attend a conference.

(4)  A notice is to –

(a) state the date on which, and the place and time at which, the conference is to be held; and

(b) state the matter to be discussed at the conference; and

(c) be served on the person at least 7 days before the date of the conference.

(5)  A person must attend a conference.

Penalty:  [Section 68 Subsection (5) amended by No. 63 of 2003, s. 23, Applied:01 Jan 2004] Fine not exceeding 50 penalty units.

(6)  [Section 68 Subsection (6) amended by No. 87 of 1999, s. 31, Applied:15 Dec 1999] After hearing a dispute, the Training Agreements Committee may decide to–

(a) amend the training agreement or vocational placement agreement; or

(b) transfer the training agreement; or

(c) suspend the training agreement; or

(d) [Section 68 Subsection (6) amended by No. 87 of 1999, s. 31, Applied:15 Dec 1999] cancel the training agreement or vocational placement agreement; or

(e) [Section 68 Subsection (6) amended by No. 87 of 1999, s. 31, Applied:15 Dec 1999] give any directions to either party or both parties to the training agreement or vocational placement agreement.

(7)  [Section 68 Subsection (7) inserted by No. 87 of 1999, s. 31, Applied:15 Dec 1999] The Training Agreements Committee, in hearing and determining a dispute, is to be constituted by at least 3 members.

69.   Inspections

(1)  [Section 69 Subsection (1) amended by No. 39 of 2004, s. 25, Applied:01 Jan 2005] The Learning and Skills Authority, by certificate of authority, may authorize a person at any reasonable time–

(a) [Section 69 Subsection (1) amended by No. 87 of 1999, Sched. 2, Applied:15 Dec 1999] [Section 69 Subsection (1) amended by No. 63 of 2003, s. 24, Applied:01 Jan 2004] to require any person to produce any records or documents relating to –

(i) a training agreement or training or assessments to which a training agreement relates; or

(ii) a vocational placement agreement or training or assessments provided under a vocational placement agreement; and

(b) to make copies of, or take extracts from, any such records or documents; and

(c) to seize any such records or documents; and

(d) to require any person to answer any question or provide any information with respect to such records or documents; and

(e) to require any person to give any assistance reasonably necessary to carry out any of the powers referred to in this subsection.

(1A)  [Section 69 Subsection (1A) inserted by No. 63 of 2003, s. 24, Applied:01 Jan 2004] Subsection (1) does not authorise an inspection in respect of any matter for which the Qualifications Authority has responsibility under this Act including, but not limited to, records and documents relating to the provision of training or an assessment, other than the provision of training or an assessment that is the subject of a training agreement or in respect of which a vocational placement is provided.

(1B)  [Section 69 Subsection (1B) inserted by No. 63 of 2003, s. 24, Applied:01 Jan 2004] Part 5 of the Tasmanian Qualifications Authority Act 2003 makes provision for investigations and inspections in respect of matters for which the Qualifications Authority has responsibility under this Act.

(2)  A person authorized under subsection (1) may only exercise a power on the production of the certificate of authority.

(3)  A requirement to produce records or documents includes a requirement to –

(a) produce, in a written form, records or documents which are recorded or stored by any mechanical, electronic or other means; or

(b) provide a document containing a clear reproduction in writing of the matters in the records or documents.

(4)  A person must not –

(a) delay, hinder, prevent or obstruct a person from lawfully exercising any powers in this section; or

(b) without reasonable excuse, fail to comply with a requirement made under this section.

Penalty:  [Section 69 Subsection (4) amended by No. 63 of 2003, s. 24, Applied:01 Jan 2004] Fine not exceeding 50 penalty units.

70.   Search warrants

(1)  [Section 70 Subsection (1) amended by No. 39 of 2004, s. 26, Applied:01 Jan 2005] A person authorized under section 69 , with the consent of the Learning and Skills Authority, may apply to a justice for the issue of a search warrant if the person believes on reasonable grounds that the provisions of this Act are being contravened.

(2)  The grounds of an application for a warrant must be verified by affidavit.

(3)  [Section 70 Subsection (3) amended by No. 63 of 2003, s. 25, Applied:01 Jan 2004] [Section 70 Subsection (3) amended by No. 87 of 1999, s. 32, Applied:15 Dec 1999] The justice, if satisfied that there are reasonable grounds, may issue a search warrant authorizing the person named in the warrant and any assistants to enter the premises specified in the warrant for the purpose of searching for any records or documents relating to the provision of training or assessments leading to a qualification.

(4)  A person who executes a warrant must, as soon as practicable after the execution of the warrant –

(a) prepare a notice containing –

(i) [Section 70 Subsection (4) amended by No. 39 of 2004, s. 26, Applied:01 Jan 2005] his or her name and a statement that he or she is authorized by the Learning and Skills Authority under section 69 ; and

(ii) the name of the justice who issued the warrant and the date and time of its issue; and

(iii) a description of the premises to which the warrant relates and of the authority conferred by the warrant; and

(b) give the notice to the occupier or person apparently in charge of the premises in respect of which the warrant was issued or leave it in a prominent position on the premises.

(5)  A warrant expires if it has not been executed by the end of one month after the day on which it was issued.

PART 9 - Miscellaneous

71.   Declaration of interest

[Section 71 Subsection (3) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] [Section 71 Substituted by No. 63 of 2003, s. 26, Applied:01 Jan 2004]

(1)  In this section –

committee means –

(a) the Training Agreements Committee; and

(b) any advisory committee established under section 20 ;

member of a person's family means –

(a) spouse, partner, parent, step-parent, grandparent, child, stepchild or grandchild; or

(b) brother, sister, half-brother or half-sister;

partner means the person with whom a person is in a personal relationship, within the meaning of the Relationships Act 2003 .

(2)  [Section 71 Subsection (2) amended by No. 39 of 2004, s. 27, Applied:01 Jan 2005] If a member of the Learning and Skills Authority or any committee has any direct or indirect pecuniary or other interest in any matter being, or about to be, considered by the Learning and Skills Authority or that committee, the member must, as soon as practicable after the relevant facts come to the member's knowledge, disclose the nature of the interest to the Learning and Skills Authority or committee.

Penalty:  Fine not exceeding 50 penalty units.

(3)  Without limiting what constitutes an interest in a matter, a member has an interest in a matter if the person or a member of that person's family would receive, or would have a reasonable expectation of receiving, a direct or indirect pecuniary or other benefit or detriment if the matter were decided in a particular manner.

(4)  [Section 71 Subsection (4) amended by No. 39 of 2004, s. 27, Applied:01 Jan 2005] Unless the Learning and Skills Authority or committee otherwise determines, a member who has made a disclosure under subsection (2) in relation to a matter must not –

(a) [Section 71 Subsection (4) amended by No. 39 of 2004, s. 27, Applied:01 Jan 2005] be present during any deliberation of the Learning and Skills Authority or committee in relation to the matter; or

(b) [Section 71 Subsection (4) amended by No. 39 of 2004, s. 27, Applied:01 Jan 2005] take part in any decision of the Learning and Skills Authority or committee in relation to the matter.

(5)  For the purpose of making a determination under subsection (4) , the member to whom the determination relates must not –

(a) [Section 71 Subsection (5) amended by No. 39 of 2004, s. 27, Applied:01 Jan 2005] be present during the deliberation of the Learning and Skills Authority or committee for the purpose of making the determination; or

(b) take part in making the determination.

(6)  Subsection (2) does not apply –

(a) [Section 71 Subsection (6) amended by No. 39 of 2004, s. 27, Applied:01 Jan 2005] in respect of a contract for goods or services supplied by the Learning and Skills Authority or committee if those goods or services are ordinarily supplied by the Learning and Skills Authority or committee and are supplied on the same terms as they are ordinarily supplied to other persons in the same situation; or

(b) in respect of an interest that arises only because the member is also a State Service officer or a State Service employee.

72.   Powers of Minister

For the purposes of this Act, the Minister may –

(a) make grants or payments; and

(b) enter into any agreement.

73.   Fees and charges

The Secretary, with the approval of the Minister, may impose any fees and charges the Secretary considers appropriate in respect of any goods or services provided in relation to the operation of this Act.

74.   Exemptions from payment of fees

The Secretary, with the approval of the Minister, may exempt any person from the payment of all or part of any fee or charge if satisfied that it is equitable or appropriate to do so in the circumstances.

75.   Training Agreements Register

[Section 75 Amended by No. 63 of 2003, s. 27, Applied:01 Jan 2004] The Training Agreements Committee is to keep the Training Agreements Register specifying–

(a) [Section 75 Amended by No. 87 of 1999, s. 33, Applied:15 Dec 1999] the names and addresses of each party to a training agreement; and

(b) [Section 75 Amended by No. 87 of 1999, s. 33, Applied:15 Dec 1999] the starting and finishing date of each training agreement; and

(c) any other prescribed matter.

76.   Collection of records, statistics and information

(1)  [Section 76 Subsection (1) amended by No. 63 of 2003, s. 28, Applied:01 Jan 2004] The Secretary may require a registered training organisation, an employer or trainee to–

(a) collect and keep records, statistics and information in relation to vocational education and training; and

(b) make available those records, statistics and information.

(2)  The Secretary may give directions as to the manner in which records, statistics and information are to be collected, kept and made available.

77.   Records

[Section 77 Amended by No. 63 of 2003, s. 29, Applied:01 Jan 2004] The Training Agreements Committee, the Qualifications Authority and advisory committees are to–

(a) keep full and accurate records of their activities; and

(b) [Section 77 Amended by No. 39 of 2004, s. 28, Applied:01 Jan 2005] provide the Learning and Skills Authority by 31 January in each year with a report of their activities during the 12 months ending on 31 December in the previous year.

78.   Scholarships, bursaries and prizes

[Section 78 Amended by No. 39 of 2004, s. 29, Applied:01 Jan 2005] The Learning and Skills Authority may award scholarships, bursaries and prizes.

79.   

[Section 79 Amended by No. 87 of 1999, s. 34, Applied:15 Dec 1999] [Section 79 Repealed by No. 63 of 2003, s. 30, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

80.   Evidence

(1)  [Section 80 Subsection (1) amended by No. 63 of 2003, s. 31, Applied:01 Jan 2004] The production of the Training Agreements Register or a copy of the register or an extract or copy of an extract from an entry in the register certified by the chairperson of the Training Agreements Committee is evidence of the facts contained in the register or the extract.

(2)  [Section 80 Subsection (2) substituted by No. 63 of 2003, s. 31, Applied:01 Jan 2004] In any proceedings under this Act, a certificate signed or purporting to be signed by the chairperson of the Training Agreements Committee stating that any person at any date specified in the certificate was, or was not, registered is evidence of that fact.

(3)  [Section 80 Subsection (3) inserted by No. 63 of 2003, s. 31, Applied:01 Jan 2004] In any proceedings under this Act or the Tasmanian Qualifications Authority Act 2003 , a certificate signed or purporting to be signed by the chief executive officer of the Qualifications Authority and relating to one or more of the following matters is evidence of the matters specified in it:

(a) whether or not a person was a registered training organisation;

(b) whether or not a condition was a condition to which the registration of a person as a registered training organisation was subject;

(c) whether or not a course was an accredited training course.

81.   

[Section 81 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

82.   False and misleading statements

A person, in giving any information under this Act, must not –

(a) make a statement knowing it to be false or misleading; or

(b) omit any matter from a statement knowing that without that matter the statement is misleading.

Penalty:  Fine not exceeding 50 penalty units.

83.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(1A)  [Section 83 Subsection (1A) inserted by No. 63 of 2003, s. 32, Applied:01 Jan 2004] Without limiting the generality of subsection (1) , the regulations may provide for the registration of details on the national training register not otherwise expressly provided for under Part 5 or 5A .

(2)  The regulations may –

(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and

(b) [Section 83 Subsection (2) amended by No. 63 of 2003, s. 32, Applied:01 Jan 2004] in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

(3)  Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.

(4)  [Section 83 Subsection (4) amended by No. 39 of 2004, s. 30, Applied:01 Jan 2005] [Section 83 Subsection (4) inserted by No. 63 of 2003, s. 32, Applied:01 Jan 2004] The regulations may authorise any matter to be from time to time determined, applied or regulated by the Learning and Skills Authority, the Qualifications Authority, the Training Agreements Committee or any other person specified in the regulations.

(5)  [Section 83 Subsection (5) inserted by No. 63 of 2003, s. 32, Applied:01 Jan 2004] The regulations may adopt, either wholly or in part and with or without modification, and either specifically or by reference, any regulations made under the Tasmanian Qualifications Authority Act 2003 .

(6)  [Section 83 Subsection (6) amended by No. 39 of 2004, s. 30, Applied:01 Jan 2005] [Section 83 Subsection (6) inserted by No. 63 of 2003, s. 32, Applied:01 Jan 2004] The regulations may contain provisions of a savings or transitional nature consequent on the commencement of the Vocational Education and Training Amendment Act 2003 or the Vocational Education and Training Amendment (Tasmanian Learning and Skills Authority) Act 2004 .

(7)  [Section 83 Subsection (7) amended by No. 39 of 2004, s. 30, Applied:01 Jan 2005] [Section 83 Subsection (7) inserted by No. 63 of 2003, s. 32, Applied:01 Jan 2004] A provision referred to in subsection (6) may take effect on and from the day on which the Vocational Education and Training Amendment Act 2003 or the Vocational Education and Training Amendment (Tasmanian Learning and Skills Authority) Act 2004 , as the case requires, commences or a later day.

84.   Expenses of Act

(1)  The expenses incurred in the administration of this Act are to be paid out of money to be provided by Parliament for that purpose.

(2)  All fees and penalties received under this Act are to be paid into the Consolidated Fund.

85.   Savings and transitional provisions

Schedule 4 has effect in respect of savings and transitional provisions.

85A.   Savings and transitional provisions consequent on Vocational Education and Training Amendment Act 2003

[Section 85A Inserted by No. 63 of 2003, s. 33, Applied:01 Jan 2004] Schedule 5 has effect in respect of savings and transitional provisions consequent on the commencement of the Vocational Education and Training Amendment Act 2003 .

85B.   Savings and transitional provisions consequent on Vocational Education and Training Amendment (Tasmanian Learning and Skills Authority) Act 2004

[Section 85B Inserted by No. 39 of 2004, s. 31, Applied:01 Jan 2005] Schedule 6 has effect in respect of savings and transitional provisions consequent on the commencement of the Vocational Education and Training Amendment (Tasmanian Learning and Skills Authority) Act 2004 .

86.   Repeal

The following Acts are repealed:

(a) Industrial and Commercial Training Act 1985 ;

(b) Industrial and Commercial Training Amendment Act 1988 ;

(c) Industrial and Commercial Training Amendment Act 1994 ;

(d) Tasmanian State Training Authority Act 1994 .

87.   

[Section 87 Repealed by No. 63 of 2003, s. 34, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

SCHEDULE 1 - Membership and Meetings of Learning and Skills Authority

Section 6 (7)

1.   Interpretation

[Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] In this Schedule, member means a member of the Learning and Skills Authority.

2.   Term of office

A member, other than the Secretary, is to be appointed for the period, not exceeding 3 years, specified in the member's instrument of appointment.

3.   Holding other office

The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –

(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

4.   Remuneration of members

A member is entitled to be paid any remuneration (including travelling and subsistence allowances) the Minister determines.

5.   Vacation of office

(1) A member, other than the Secretary, vacates office if the member –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (2) or (3) .

(2) The Minister may remove a member from office if the member –

(a) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] is absent from 3 consecutive meetings of the Learning and Skills Authority without the permission of the Authority; or

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of any remuneration or estate for their benefit; or

(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer.

(3) The Minister may remove a member from office if satisfied that the member is unable to perform adequately or competently the duties of office.

6.   Filling of vacancies

(1) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] If the office of a member referred to in paragraph (b) or (c) of section 6(2) becomes vacant, the Minister may appoint a person selected from nominations received under that paragraph to the vacant office for the remainder of that member's term of office.

(2) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] If the office of a member referred to in paragraph (d) or (e) of section 6(2) becomes vacant, the Minister may appoint a suitable person who meets the qualifications specified in that paragraph to the vacant office for the remainder of that member's term of office.

7.   Convening of meetings

[Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] The chairperson of the Learning and Skills Authority–

(a) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] may convene a meeting of the Authority at any time; and

(b) if requested in writing by 4 other members or directed by the Minister, must convene a meeting within 14 days of the request.

8.   Procedure at meetings

(1) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] The quorum at any duly convened meeting of the Learning and Skills Authority is 5 members.

(2) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] Any duly convened meeting of the Learning and Skills Authority at which a quorum is present is competent to transact any business of the Authority.

(3) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] A question arising at a meeting of the Learning and Skills Authority is to be determined by a majority of votes of the members present and voting.

(4) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] A telephone or video conference between members is a meeting of the Learning and Skills Authority at which the members participating in the conference are present.

8A.   Resolutions without meetings

[Schedule 1 Amended by No. 63 of 2003, s. 35, Applied:01 Jan 2004]

(1) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] If all members appointed sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is taken to have been passed at a meeting of the Learning and Skills Authority held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last member signs the document.

(2) If a resolution is taken to have been passed under subclause (1) , each member is to be –

(a) advised immediately of the matter; and

(b) given a copy of the terms of the resolution.

(3) For the purposes of subclause (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, is taken to constitute one document.

9.   Chairperson

(1) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] The chairperson of the Learning and Skills Authority is to preside at all meetings of the Authority.

(2) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] If the chairperson of the Learning and Skills Authority is not present at a meeting of the Authority a member elected by the members present is to preside at that meeting.

10.   Minutes

[Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] The Learning and Skills Authority is to cause full and accurate minutes to be kept of its proceedings at meetings.

11.   General procedure

[Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] Subject to this Schedule, the procedure for the calling of, and for the conduct of business at, meetings of the Learning and Skills Authority is as determined by the Authority.

12.   Validity of proceedings

(1) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] An act or proceeding of the Learning and Skills Authority or of a person acting under the direction of the Authority is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Authority.

(2) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] An act or proceeding of the Learning and Skills Authority or of a person acting under the direction of the Authority is valid even if–

(a) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] the appointment of a member of the Authority was defective; or

(b) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] a person appointed as a member of the Authority was disqualified from acting as, or incapable of being, such a member.

13.   Presumptions

[Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] In any proceedings by or against the Learning and Skills Authority, unless evidence is given to the contrary, proof is not required of–

(a) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] the constitution of the Authority; or

(b) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] any resolution of the Authority; or

(c) the appointment of any member; or

(d) [Schedule 1 Amended by No. 39 of 2004, s. 32, Applied:01 Jan 2005] the presence of a quorum at any meeting of the Authority.

SCHEDULE 2 - Membership and Meetings of Training Agreements Committee

Sections 14 (7) and 17 (6)

1.   Interpretation

[Schedule 2 Amended by No. 63 of 2003, s. 36, Applied:01 Jan 2004] In this Schedule,

member means a member of the Training Agreements Committee.

2.   Term of office

A member is to be appointed for the period, not exceeding 3 years, specified in the member's instrument of appointment.

3.   Holding other office

The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –

(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

4.   Remuneration of members

A member is entitled to be paid any remuneration (including travelling and subsistence allowances) the Minister determines.

5.   Vacation of office

(1) A member vacates office if the member –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (2) or (3) .

(2) The Minister may remove a member from office if the member –

(a) [Schedule 2 Amended by No. 63 of 2003, Sched. 1, Applied:01 Jan 2004] is absent from 3 consecutive meetings of the Training Agreements Committee without the permission of that Committee; or

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of any remuneration or estate for their benefit; or

(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer.

(3) The Minister may remove a member from office if satisfied that the member is unable to perform adequately or competently the duties of office.

6.   Filling of vacancies

(1) [Schedule 2 Amended by No. 63 of 2003, s. 36, Applied:01 Jan 2004] If the office of a member referred to in paragraph (b) , (c) or (d) of section 14 (2) becomes vacant, the Minister may appoint a person selected from nominations received under that paragraph to the vacant office for the remainder of that member's term of office.

(2) [Schedule 2 Amended by No. 63 of 2003, s. 36, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

7.   Convening of meetings

[Schedule 2 Amended by No. 63 of 2003, Sched. 1, Applied:01 Jan 2004] The chairperson of the Training Agreements Committee–

(a) may convene a meeting of that Committee at any time; and

(b) must convene a meeting if–

(i) directed by the Minister; or

(ii) [Schedule 2 Amended by No. 63 of 2003, s. 36, Applied:01 Jan 2004] requested in writing by 2 members of that Committee.

8.   Procedure at meetings

(1) [Schedule 2 Amended by No. 63 of 2003, s. 36, Applied:01 Jan 2004] The quorum at any duly convened meeting of the Training Agreements Committee is 4 members.

(2) [Schedule 2 Amended by No. 63 of 2003, Sched. 1, Applied:01 Jan 2004] Any duly convened meeting of the Training Agreements Committee at which a quorum is present is competent to transact any business of the Committee.

(3) [Schedule 2 Amended by No. 63 of 2003, Sched. 1, Applied:01 Jan 2004] A question arising at a meeting of the Training Agreements Committee is to be determined by a majority of votes of the members present and voting.

(4) [Schedule 2 Amended by No. 63 of 2003, Sched. 1, Applied:01 Jan 2004] A telephone or video conference between members is a meeting of the Training Agreements Committee at which members participating in the conference are present.

8A.   Resolutions without meetings

[Schedule 2 Amended by No. 63 of 2003, s. 36, Applied:01 Jan 2004]

(1) If all members appointed sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is taken to have been passed at a meeting of the Training Agreements Committee held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last member signs the document.

(2) If a resolution is taken to have been passed under subclause (1) , each member is to be –

(a) advised immediately of the matter; and

(b) given a copy of the terms of the resolution.

(3) For the purposes of subclause (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, is taken to constitute one document.

9.   Chairperson

(1) [Schedule 2 Amended by No. 63 of 2003, Sched. 1, Applied:01 Jan 2004] The chairperson of the Training Agreements Committee is to preside at all meetings of that Committee.

(2) [Schedule 2 Amended by No. 63 of 2003, Sched. 1, Applied:01 Jan 2004] If the chairperson of the Training Agreements Committee is not present at a meeting of that Committee a member elected by the members present is to preside at that meeting.

10.   Minutes

[Schedule 2 Amended by No. 63 of 2003, s. 36, Applied:01 Jan 2004] The Training Agreements Committee is to cause full and accurate minutes to be kept of its proceedings at meetings.

11.   General procedure

[Schedule 2 Amended by No. 63 of 2003, Sched. 1, Applied:01 Jan 2004] Subject to this Schedule, the procedure for the calling of, and for the conduct of business at, meetings of the Training Agreements Committee is as determined by that Committee.

12.   Validity of proceedings

(1) [Schedule 2 Amended by No. 63 of 2003, Sched. 1, Applied:01 Jan 2004] An act or proceeding of the Training Agreements Committee or of a person acting under the direction of the Training Agreements Committee is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Committee.

(2) [Schedule 2 Amended by No. 63 of 2003, Sched. 1, Applied:01 Jan 2004] An act or proceeding of the Training Agreements Committee or of a person acting under the direction of the Training Agreements Committee is valid even if–

(a) the appointment of a member of that Committee was defective; or

(b) a person appointed as a member of that Committee was disqualified from acting as, or incapable of being, such a member.

13.   Presumptions

[Schedule 2 Amended by No. 63 of 2003, Sched. 1, Applied:01 Jan 2004] In any proceedings by or against the Training Agreements Committee, unless evidence is given to the contrary, proof is not required of–

(a) the constitution of the Committee; or

(b) any resolution of the Committee; or

(c) the appointment of any member; or

(d) the presence of a quorum at any meeting of the Committee.

SCHEDULE 3

[Schedule 3 Repealed by No. 50 of 1997, s. 43, Applied:01 Jan 1998]

SCHEDULE 4 - Savings and Transitional Provisions

Section 85

1.   Interpretation

In this Schedule –

commencement day means the day on which this Act commences;

former Act means the Tasmanian State Training Authority Act 1994 ;

repealed Act means the Industrial and Commercial Training Act 1985 .

2.   Advisory committees

Any advisory committee established under section 21 of the former Act and in existence immediately before the commencement day is, on that day, an advisory committee established under section 20 of this Act.

3.   Occupations

Any occupation declared as a trade or vocation by a proclamation in force under the repealed Act immediately before the commencement day is, on that day, a vocation declared under section 33 of this Act.

4.   Contracts of training

Any contract of training made under section 16 of the repealed Act and in force immediately before the commencement day is, on that day, a training agreement under this Act.

5.   Releases from contracts of training

Any release from a contract of training arranged under section 21 of the repealed Act and in force immediately before the commencement day continues, on that day, as if it were a release under section 39 of this Act.

6.   Suspensions of contracts of training

Any suspension of a contract of training under section 22 of the repealed Act and in force immediately before the commencement day continues, on that day, as if it were a suspension under section 41 of this Act.

7.   Questions or differences about contracts of training

Any question or difference in respect of a contract of training not heard or determined under section 23 of the repealed Act before the commencement day is, on or after that day, to be heard and determined by the Training Agreements Committee under section 68 of this Act.

8.   Training agreements for schemes of training

Any training agreement issued under section 30 of the repealed Act in respect of a scheme of training and in force immediately before the commencement day is, on that day, a training agreement under this Act.

9.   Accredited courses

(1) Any application made under section 26 ofthe former Act and not granted or refused before the commencement day for the accreditation of a course is, on that day, an application under section 29 of this Act.

(2) Any course accredited under the former Act before the commencement day is, on that day, an accredited course under this Act.

10.   Registered training providers

(1) Any application made under section 22 of the former Act for registration as a training provider and not granted or refused before the commencement day is, on that day, an application under section 25 of this Act.

(2) Any person or body registered as a training provider under the former Act whose registration was not revoked before the commencement day is, on that day, a registered training provider under this Act.

11.   Inquiries

(1) Any application made under section 30 of the former Act to carry out an inquiry and not granted or refused before the commencement day is, on that day, an application to carry out an inquiry under this Act.

(2) Any inquiry under the former Act not completed before the commencement day is, on that day, to be completed under this Act.

SCHEDULE 5 - Savings and transitional provisions consequent on Vocational Education and Training Amendment Act 2003

[Schedule 5 Inserted by No. 63 of 2003, s. 37, Applied:01 Jan 2004]

Section 85A

PART 1 - Preliminary

1.   Interpretation

In this Schedule –

Accreditation Committee means the Tasmanian Accreditation and Recognition Committee continued under section 17 of the former Act;

ANTA service means the National Training Information Service maintained by ANTA;

commencement day means the day on which the Vocational Education and Training Amendment Act 2003 commences;

former Act means this Act as in force immediately before the commencement day;

recorded condition means a condition of a registered training organisation that is taken to be registered by reason of clause 5(3) .

PART 2 - Savings and transitional provisions

2.   Abolition of Accreditation Committee

(1) The Accreditation Committee is abolished on 1 February 2004 or the commencement day, whichever occurs later.

(2) The appointment of each member of the Accreditation Committee is revoked on 1 February 2004 or the commencement day, whichever occurs later.

3.   Section 77 report

For the purposes of the report due to be provided by 31 January 2004 under section 77(b) , that section continues to apply to the Accreditation Committee as if that section had not been amended by the Vocational Education and Training Amendment Act 2003 .

4.   Directions by Accreditation Committee

A direction given by the Accreditation Committee under section 19A of the former Act and not complied with before the commencement day is taken to be a direction given by the Qualifications Authority under section 26 of this Act.

5.   Details on ANTA service

(1) A person who immediately before the commencement day is noted in the ANTA service as a registered training provider is taken to have been registered as a registered training organisation under Part 5 or a corresponding law that corresponds to that Part by the Qualifications Authority or a registering body, as appropriate.

(2) The scope of registration and term of registration of a registered training provider noted in the ANTA service immediately before the commencement day are taken to have been registered as the scope of registration and term of registration of a registered training organisation under Part 5 or a corresponding law that corresponds to that Part by the Qualifications Authority or a registering body, as appropriate.

(3) The registered conditions of a registered training provider noted in the ANTA service immediately before the commencement day are taken to have been registered as the registered conditions of a registered training organisation under Part 5 or a corresponding law that corresponds to that Part by the Qualifications Authority or a registering body, as appropriate.

(4) The registration of a course noted in the ANTA service immediately before the commencement day is taken to have been registered as an accredited training course under Part 5A or a corresponding law that corresponds to that Part by the Qualifications Authority or a registering body, as appropriate.

(5) The term of registration of a course noted in the ANTA service immediately before the commencement day is taken to have been registered as the term of registration of an accredited training course under Part 5A or a corresponding law that corresponds to that Part by the Qualifications Authority or a registering body, as appropriate.

6.   Recorded conditions

On the commencement day, a recorded condition is taken to be a condition imposed under section 32 , 32D or 32F , or a corresponding law that corresponds to any of those sections, if a similar condition may be imposed under that section or corresponding law in similar circumstances to those applying when the recorded condition was imposed.

7.   Application to be registered training provider

(1) An application for registration as a registered training provider made to the Accreditation Committee, and accompanied by the fee required, under section 25 of the former Act and not determined before the commencement day is taken to be an application for registration as a registered training organisation made to the Qualifications Authority under section 30 of this Act and to have been accompanied by the appropriate prescribed fee.

(2) Any thing done by the Accreditation Committee in relation to an application referred to in subclause (1) is taken to have been done by the Qualifications Authority.

8.   Certificate of registration

A certificate of registration issued under section 26 of the former Act is taken to be a registration certificate issued under section 32A of this Act.

9.   Application for accreditation of training program

(1) An application for accreditation of a training program made to the Accreditation Committee, and accompanied by the fee required, under section 29 of the former Act and not determined before the commencement day is taken to be an application for the accreditation of a course made to the Qualifications Authority under section 32T of this Act and to have been accompanied by the appropriate prescribed fee.

(2) Any thing done by the Accreditation Committee in relation to an application referred to in subclause (1) is taken to have been done by the Qualifications Authority.

10.   Certificate of accreditation

A certificate of accreditation issued under section 30 of the former Act is taken to be an accreditation certificate issued under section 32V of this Act.

11.   Other applications

(1) In this clause,

application means an application made under the former Act, other than an application for registration as a registered training provider or for the accreditation of a training program.

(2) If an application has been made to the Accreditation Committee and not determined before the commencement day –

(a) that application is taken to have been made to the Qualifications Authority under this Act; and

(b) anything done by the Accreditation Committee in relation to that application is taken to have been done by the Qualifications Authority.

12.   Documents

(1) If appropriate, a certificate or other document issued or made by the Accreditation Committee under the former Act is taken to have been issued or made by the Qualifications Authority under this Act.

(2) If appropriate, a reference to the Accreditation Committee in any Act, certificate or other document, is taken to be, or to include, a reference to the Qualifications Authority.

(3) If appropriate, a document served on or by, or otherwise provided to or by, the Accreditation Committee is taken to be served on or by, or provided to or by, the Qualifications Authority.

13.   Inquiries

If, under section 67 of the former Act, an application has been made to the Training Authority for the carrying out of an inquiry into a decision of the Accreditation Committee, or the Training Authority has commenced such an inquiry on its own motion, but the inquiry has not been completed before the commencement day –

(a) that application is taken to have been made, or the inquiry is taken to have been commenced, under section 67 of this Act in respect of a decision of the Qualifications Authority and that decision is taken to be one for which an inquiry may be undertaken under that section; and

(b) the inquiry may be continued in accordance with section 67 of this Act.

SCHEDULE 6 - Savings and Transitional Provisions Consequent on Vocational Education and Training Amendment (Tasmanian Learning and Skills Authority) Act 2004

[Schedule 6 Inserted by No. 39 of 2004, s. 33, Applied:01 Jan 2005]

Section 85B

1.   Interpretation

In this Schedule –

Amendment Act means the Vocational Education and Training Amendment (Tasmanian Learning and Skills Authority) Act 2004 ;

commencement day means the day on which the Amendment Act commences;

former Act means this Act as in force immediately before the commencement day;

Tasmanian State Training Authority means the Tasmanian State Training Authority continued under section 6 of the former Act.

2.   Abolition of Tasmanian State Training Authority

The Tasmanian State Training Authority is abolished.

3.   Annual report for 2004

(1) The Learning and Skills Authority is to submit to the Minister by 30 April 2005 an annual report in respect of the activities of the Tasmanian State Training Authority during the 12 months ending on 31 December 2004.

(2) On receipt of the report, the Minister is to forward a copy of it to ANTA.

(3) Section 13 does not apply in respect of the 12 months ending on 31 December 2004.

4.   Delegations

A delegation of any function or power made by the Tasmanian State Training Authority under section 8 of the former Act and in effect immediately before the commencement day continues and is taken to have been made by the Learning and Skills Authority.

5.   Directions

A direction given by the Tasmanian State Training Authority to the Training Agreements Committee under section 17 of the former Act and in effect immediately before the commencement day continues and is taken to have been given by the Learning and Skills Authority.

6.   Advisory committees

An advisory committee established under section 20(1)(a) of the former Act to assist the Tasmanian State Training Authority is taken to have been established to assist the Learning and Skills Authority and is not otherwise affected by the commencement of the Amendment Act.

7.   Inquiries

(1) If a person has applied under section 67 of the former Act to the Tasmanian State Training Authority for it to carry out an inquiry and, immediately before the commencement day, that inquiry has not been completed, that application is taken to have been made to the Learning and Skills Authority under section 67 of this Act.

(2) If the Tasmanian State Training Authority has commenced an inquiry under section 67 of the former Act and, immediately before the commencement day, that inquiry has not been completed –

(a) that inquiry is to be completed by the Learning and Skills Authority; and

(b) anything done by or in relation to the Tasmanian State Training Authority for the purposes of, or in the course of, that inquiry is taken to have been done by or in relation to the Learning and Skills Authority.

8.   Certificates of authority

A certificate of authority issued by the Tasmanian State Training Authority under section 69 of the former Act and in force immediately before the commencement day continues and is taken to have been issued by the Learning and Skills Authority under section 69 of this Act.

9.   Documents

A reference in an Act or any other document to the Tasmanian State Training Authority is taken to be or include a reference to the Learning and Skills Authority if the context requires it.