Australian Capital Territory
Training and Tertiary Education Amendment Act 2014
A2014-48
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Long title	2
	5	Preliminary
Chapter 1	2
	6	Section 3	2
	7	Dictionary
Section 4, note 1	3
	8	Chapters 2 and 3	3
	9	Work-related training and training contracts
Chapter 3A	4
	10	New section 55AA	4
	11	Training contracts for qualification or statement of attainment
Section 55D (2)	4
	12	New section 55FA	5
	13	Director-general may suspend, cancel or amend contract
Section 55H (b)	5
	14	Section 55I heading	5
	15	Section 55I (4)	5
	16	Chapters 4 and 5	5
	17	General
Chapter 6 heading	6
	18	Visits to premises
Part 6.1	6
	19	Section 99 heading	6
	20	Section 99 (1)	6
	21	Section 99 (4)	6
	22	Section 99 (5)	6
	23	New section 99 (6)	7
	24	Visits by council—higher education provider premises
Section 100	7
	25	Identity cards
Section 101 (1) and (2)	7
	26	Section 101 (4)	7
	27	Obstructing visits—council Section 103	7
	28	Section 103A	8
	29	Notification and review of decisions
Part 6.2	8
	30	Reviewable decision notices
Section 105	9
	31	Time for lodging ACAT review applications for s 55 and s 80 decisions—ACAT Act, s 11
Section 107	9
	32	Other provisions
Part 6.3	9
	33	CRICOS approval
Section 108 (2), definition of CRICOS	9
	34	Section 112	10
	35	Regulation-making power
Section 113 (2)	10
	36	Schedule 1	10
	37	Dictionary, note 2	12
	38	Dictionary, note 2	12
	39	Dictionary, definitions of accredited course and accreditation	12
	40	Dictionary, new definition of apprentice or trainee	12
	41	Dictionary	12
	42	Dictionary, new definition of Commonwealth Act	13
	43	Dictionary	13
	44	Dictionary, definition of employer	13
	45	Dictionary	13
	46	Dictionary, new definition of probationary period	14
	47	Dictionary, definition of prohibition	14
	48	Dictionary, definition of qualification	14
	49	Dictionary, definition of registered	14
	50	Dictionary, definition of registered training organisation	14
	51	Dictionary	15
	52	Dictionary, definition of RTO	15
	53	Dictionary	15
	54	Dictionary, definition of statement of attainment	15
	55	Dictionary	16
	56	Dictionary, definition of vocational education and training	16
	57	Dictionary, definition of vocational education and training course	16
	58	Act—renumbering	16
	59	Legislation repealed	17
Schedule 1	Consequential amendments	18
Part 1.1	ACT Teacher Quality Institute Regulation 2010	18
Part 1.2	Agents Regulation 2003	18
Part 1.3	Building and Construction Industry Training Levy Act 1999	19
Part 1.4	Children and Young People Act 2008	19
Part 1.5	Construction Occupations (Licensing) Act 2004	20
Part 1.6	Construction Occupations (Licensing) Regulation 2004	20
Part 1.7	Crimes (Child Sex Offenders) Act 2005	21
Part 1.8	Education Act 2004	22
Part 1.9	Electricity Feed-in (Renewable Energy Premium) Act 2008	23
Part 1.10	Food Act 2001	23
Part 1.11	Liquor Act 2010	24
Part 1.12	Long Service Leave (Portable Schemes) Act 2009	24
Part 1.13	Payroll Tax Act 2011	24
Part 1.14	Planning and Development Regulation 2008	26
Part 1.15	Road Transport (Driver Licensing) Regulation 2000	26
Part 1.16	Security Industry Act 2003	27
Part 1.17	Security Industry Regulation 2003	27

Australian Capital Territory
Training and Tertiary Education Amendment Act 2014
A2014-48

An Act to amend the Training and Tertiary Education Act 2003, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Training and Tertiary Education Amendment Act 2014.
2	Commencement
This Act commences on the 14th day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Training and Tertiary Education Act 2003.
Note 1	This Act also amends other legislation (see sch 1).
Note 2	This Act also repeals other legislation (see s 59).
4	Long title
substitute
An Act about vocational education and training, and for other purposes
5	Preliminary
Chapter 1
renumber as part 1
6	Section 3
substitute
3	Objects of Act
The objects of this Act are to—
	(a)	regulate apprenticeships and traineeships; and
	(b)	support quality assurance and best management practices for vocational education and training; and
	(c)	encourage awareness in the community of the need for, and to promote the development of, vocational education and training that is relevant to industry.
7	Dictionary
Section 4, note 1
substitute
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘registered training organisation (or RTO)—see the Commonwealth Act, section 3.’ means that the term ‘registered training organisation’ is defined in that section and the definition applies to this Act.
8	Chapters 2 and 3
substitute
Part 2	Vocational education and training
7	Functions of director-general
The director-general has the following functions:
	(a)	to inquire into, and advise the Minister on, issues about vocational education and training;
	(b)	to facilitate recognition and quality assurance in the provision of vocational education and training;
	(c)	to ensure a strong policy framework for the delivery of vocational education and training in the ACT;
	(d)	to establish a simple, streamlined system for apprenticeships and traineeships;
	(e)	any other function given to the director-general under this Act.
9	Work-related training and training contracts
Chapter 3A
renumber as part 3
10	New section 55AA
insert
55AA	Probationary period for training contract
	(1)	The director-general may determine a period of probation under a training contract (a probationary period).
Examples
1	A probationary period of 60 days may be determined for a 2-year traineeship. 
2	A probationary period of 90 days may be determined for a 4-year apprenticeship.
Note 1	Power to make a statutory instrument includes power to make different provisions in relation to different matters or different classes of matters (see Legislation Act, s 48).
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	A determination is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
11	Training contracts for qualification or statement of attainment
Section 55D (2)
omit
or the council
12	New section 55FA 
insert
55FA	Ending training contract during probationary period
	(1)	This section applies if—
	(a)	an employer and another person (an apprentice or trainee) have entered into an approved training contract; and
	(b)	a probationary period has been determined for the contract.
	(2)	The employer or the apprentice or trainee may end the contract before the end of the probationary period.
13	Director-general may suspend, cancel or amend contract
Section 55H (b)
omit
the trainee
substitute
the apprentice or trainee
14	Section 55I heading
substitute
55I	Dispute between employer and apprentice or trainee
15	Section 55I (4)
omit
16	Chapters 4 and 5
omit
17	General
Chapter 6 heading
omit
18	Visits to premises
Part 6.1
renumber as part 4
19	Section 99 heading
substitute
99	Visits by director-general—RTO premises
20	Section 99 (1)
substitute
	(1)	The director-general may give an RTO written notice that a person authorised by the director-general proposes to visit premises where the RTO is conducting, or proposing to conduct, training or assessment as part of a VET course.
Note	RTO—see the dictionary.
21	Section 99 (4)
omit
member, staff member or
22	Section 99 (5)
omit
A member, staff member or
substitute
An
23	New section 99 (6)
after the note, insert
	(6)	In this section:
VET course—see the Commonwealth Act, section 3. 
24	Visits by council—higher education provider premises
Section 100
omit
25	Identity cards
Section 101 (1) and (2)
omit
relevant authority
substitute
director-general
26	Section 101 (4)
omit
27	Obstructing visits—council
Section 103 
omit
28	Section 103A
substitute
103A	Obstructing visits—director-general
	(1)	This section applies if the director‑general is satisfied that an employer or RTO—
	(a)	without reasonable excuse, obstructs or hinders a person entering premises or observing training under section 99 (4) (a) or (b) (Visits by director-general—RTO premises) or section 99A (4) (a) or (b) (Visits by director‑general—training contract premises); or
	(b)	refuses to give information, or gives information that the employer or RTO knows is false or misleading in response to a request under section 99 (4) (c) or section 99A (4) (c); or
	(c)	refuses to produce a document, or produces a document that the employer or RTO knows contains false or misleading information, in response to a request under section 99 (4) (d) or section 99A (4) (d).
	(2)	The director‑general may suspend or cancel the approval of, or amend, an approved training contract to which the employer is a party or under which the RTO delivers work-related training.
29	Notification and review of decisions
Part 6.2
renumber as part 5
30	Reviewable decision notices
Section 105
omit
council or Minister
substitute
director-general
31	Time for lodging ACAT review applications for s 55 and s 80 decisions—ACAT Act, s 11
Section 107
omit
32	Other provisions
Part 6.3
renumber as part 6
33	CRICOS approval
Section 108 (2), definition of CRICOS
omit
section 10
substitute
section 14A
34	Section 112
substitute
112	Approved forms
	(1)	The director-general may approve forms for this Act.
	(2)	If the director-general approves a form for a particular purpose, the form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
35	Regulation-making power
Section 113 (2)
omit
36	Schedule 1
substitute
Schedule 1	Reviewable decisions
(see pt 6.2) 

column 1
item	column 2
section	column 3
decision	column 4
entity	
1	55B (1) 
(Approval of training contract)	refusing to approve a training contract	applicant for approval	
2	55B (3) 
	approving a training contract subject to conditions	applicant for approval	
3	55G (2) (a) (Party may ask for amendment)	approving an amendment of an approved training contract	each party to the contract	
4	55G (2) (b)  	refusing to approve an amendment of an approved training contract	each party to the contract	
5	55H (Director-general may suspend, cancel or amend contract)	suspending or cancelling approval of a training contract	each party to the contract	
6	55H 	amending an approved training contract	each party to the contract	
7	55I (5) (a) (Dispute between employer and apprentice or trainee)	making a finding of fact about a matter in relation to a training contract	each party to the contract	
8	55I (5) (b)	amending an approved training contract	each party to the contract	
9	55I (5) (c)	giving directions to a party to an approved training contract	each party to the contract	
10	103A (2)
(Obstructing visits—
director-general)	suspending or cancelling approval of an approved training contract	each party to the contract	
11	103A (2)	amending an approved training contract	each party to the contract	
37	Dictionary, note 2
omit
·	bankrupt or personally insolvent
·	corporation
38	Dictionary, note 2
omit
·	person
substitute
·	person (see s 160)
39	Dictionary, definitions of accredited course and accreditation
omit 
40	Dictionary, new definition of apprentice or trainee
insert
apprentice or trainee means a person who undertakes an apprenticeship or traineeship under an approved training contract.
41	Dictionary
omit the definitions of
AQF
AQTF
committee
42	Dictionary, new definition of Commonwealth Act
insert
Commonwealth Act means the National Vocational Education and Training Regulator Act 2011 (Cwlth).
43	Dictionary
omit the definitions of
compliance audit
corresponding law
council
course accrediting body
44	Dictionary, definition of employer
substitute
employer, for an apprentice or trainee, means the person who is obliged under a training contract to employ the apprentice or trainee. 
45	Dictionary
omit the definitions of
foreign university
franchise arrangement
higher education award
higher education course
higher education provider
higher education standards
jurisdiction
legislative compliance standard
ministerial council
nationally endorsed
national protocols
national register
national training framework
46	Dictionary, new definition of probationary period
insert
probationary period—see section 55AA.
47	Dictionary, definition of prohibition
omit
48	Dictionary, definition of qualification
substitute
qualification means a VET qualification under the Commonwealth Act. 
49	Dictionary, definition of registered
omit
50	Dictionary, definition of registered training organisation
substitute
registered training organisation (or RTO)—see the Commonwealth Act, section 3.
51	Dictionary
omit the definitions of
registering body
registration
restriction
52	Dictionary, definition of RTO
substitute
RTO—see registered training organisation.
53	Dictionary
omit the definitions of
RTO standards
scope of registration
standards for accreditation of courses
standards for registered training organisations
standards for State and Territory registering and course accrediting bodies 
54	Dictionary, definition of statement of attainment
substitute
statement of attainment means a VET statement of attainment under the Commonwealth Act. 
55	Dictionary
omit the definitions of
trades and labour council
trainee
training package
unit of competency
university
university advisory panel
56	Dictionary, definition of vocational education and training
substitute
vocational education and training means the education and training and qualifications and statements of attainment under the vocational education and training provisions of the AQF, being the Australian Qualifications Framework under the Commonwealth Act, section 3.
57	Dictionary, definition of vocational education and training course 
omit
58	Act—renumbering
renumber provisions when Act next republished under Legislation Act
59	Legislation repealed
The following legislation is repealed:
·	Training and Tertiary Education Regulation 2004 (SL2004‑22)
·	Training and Tertiary Education (Fees) Determination 2014 (DI2014-196)
·	Tertiary Accreditation and Registration Council Direction 2004 (No 1) (NI2004-470)
·	Training and Tertiary Education (Accreditation and Registration Council) Direction 2008 (No 1) (NI2008-59).

Schedule 1	Consequential amendments
Part 1.1	ACT Teacher Quality Institute Regulation 2010
[1.1]	Section 7 (1) (c) (i)
substitute
	(i)	provided by a registered higher education provider; and
[1.2]	Section 7 (2)
substitute
	(2)	In this section:
registered higher education provider—see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth), section 5.
Part 1.2	Agents Regulation 2003
[1.3]	Section 3, note 1
substitute
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.
For example, the signpost definition ‘agent, for schedule 8 (Rules of conduct)—see schedule 8, section 8.1.’ means that the term ‘agent’ is defined in that section for schedule 8.
[1.4]	Dictionary, definition of registered training organisation
substitute
registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.
[1.5]	Dictionary, definition of statement of attainment
substitute
statement of attainment means the VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth).
Part 1.3	Building and Construction Industry Training Levy Act 1999
[1.6]	Section 28 (4), definition of registered training organisation
substitute
registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.
Part 1.4	Children and Young People Act 2008
[1.7]	Section 25 (3), definition of ACT education provider, paragraphs (c) to (e)
substitute
	(c)	a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3;
	(d)	a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth).
Part 1.5	Construction Occupations (Licensing) Act 2004
[1.8]	Section 55A (6), definition of registered training organisation
substitute
registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.
Part 1.6	Construction Occupations (Licensing) Regulation 2004
[1.9]	Section 14 (6), definition of registered training organisation
substitute
registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.
[1.10]	Section 35 (3) (c) (iii) and (v)
omit
accredited course
substitute
VET course
[1.11]	Section 35 (4), definition of accredited course
omit
[1.12]	Section 35 (4), definition of relevant person
omit
accredited course
substitute
VET course
[1.13]	Section 35 (4), definition of trainee, paragraph (b)
omit
an accredited course
substitute
a VET course
[1.14]	Section 35 (4), new definition of VET course
insert
VET course—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.
Part 1.7	Crimes (Child Sex Offenders) Act 2005
[1.15]	Section 124 (1) (s)
omit
work-related training contracts
substitute
approved training contracts
[1.16]	Section 124 (2), definition of educational institutions for children, paragraph (b)
substitute
	(b)	a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3;
	(c)	a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth).
Part 1.8	Education Act 2004
[1.17]	Table 9A, items 3 to 7
substitute
3	a course of study leading to the completion of year 10 or year 12	a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), s 3 	
4	a VET course under the National Vocational Education and Training Regulator Act 2011 (Cwlth), s 3	a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), s 3 	
5	an accredited course under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth)	a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth)	
Part 1.9	Electricity Feed-in (Renewable Energy Premium) Act 2008
[1.18]	Section 5F (3), definition of educational institution
substitute
educational institution means—
	(a)	a government school or school-related institution established under the Education Act 2004, section 20; or
	(b)	a registered higher education provider under the National Vocational Education and Training Regulator Act 2011 (Cwlth).
[1.19]	Section 5F (3), definition of higher education provider
omit
Part 1.10	Food Act 2001
[1.20]	Section 116, definition of registered training organisation  
substitute
registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.
[1.21]	Section 116, definition of statement of attainment
before
training organisation
insert
registered
Part 1.11	Liquor Act 2010
[1.22]	Section 188, definition of registered training organisation
substitute
registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.
Part 1.12	Long Service Leave (Portable Schemes) Act 2009
[1.23]	Schedule 1, section 1.1 (2) (e)
omit
under the Training and Tertiary Education Act 2003
substitute
under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3
Part 1.13	Payroll Tax Act 2011
[1.24]	Schedule 2, section 2.16 heading
substitute
2.16	Exemption from tax—apprentices or trainees under approved training contracts
[1.25]	Schedule 2, section 2.16 (1)
omit
a trainee
substitute
an apprentice or trainee
[1.26]	Schedule 2, section 2.16 (1) and (2)
omit
the trainee
substitute
the apprentice or trainee
[1.27]	Schedule 2, section 2.16 (3) (b) and (c)
omit
trainees
substitute
apprentices or trainees
[1.28]	Schedule 2, section 2.16 (4), new definition of apprentice or trainee
insert
apprentice or trainee—see the Training and Tertiary Education Act 2003, dictionary. 
Note	Apprentice or trainee is defined as a person who undertakes an apprenticeship or traineeship under an approved training contract.
[1.29]	Schedule 2, section 2.16 (4), definition of trainee and note
omit
Part 1.14	Planning and Development Regulation 2008
[1.30]	Section 108 (1) (a) (iii) and (iv) and note
substitute
	(iii)	a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3; or
	(iv)	a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth); and
[1.31]	Section 108 (5), definitions of authorised and university
omit
Part 1.15	Road Transport (Driver Licensing) Regulation 2000
[1.32]	Section 62 (5), definition of registered training organisation
substitute
registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.
Part 1.16	Security Industry Act 2003
[1.33]	Section 26 (5)
substitute
	(5)	In this section:
trainee means a person undertaking training under an approved training contract under the Training and Tertiary Education Act 2003.
Part 1.17	Security Industry Regulation 2003
[1.34]	Section 15
omit 
under the Training and Tertiary Education Act 2003
substitute
under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 25 September 2014.
2	Notification
	Notified under the Legislation Act on 6 November 2014.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Training and Tertiary Education Amendment Bill 2014, which was passed by the Legislative Assembly on 23 October 2014. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2014