Western Australia: Vocational Education and Training Act 1996 (WA)

Western Australia Vocational Education and Training Act 1996 Western Australia Vocational Education and Training Act 1996 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Application to Crown 1 4. Objects 1 5. Terms used 1 6. Vocational education and training provided by a school or university 1 Part 2 — Coordination of the State vocational education and training system Division 1A — VET (WA) Ministerial Corporation 7A. Body corporate continued 1 7B. Status and purpose 1 7. Execution of documents 1 Division 1 — The Minister 8. Functions of the Minister 1 9. Powers of the Minister 1 10. Delegation by Minister 1 11. Minister may give directions 1 12. Directions to schools and universities providing vocational education and training 1 13. Minister may issue guidelines 1 14. Minister to have access to information 1 Division 2 — Financial matters 17. Minister may lend money 1 17A. Borrowing by the Minister 1 17B. Moneys to be credited and charged to agency special purpose account 1 17C. Guarantee by the Treasurer 1 17D. Payments under guarantee 1 Part 3 — The State Training Board 18. Establishment of Board 1 19. Constitution of the Board 1 20. Further provisions relating to the Board 1 21. Functions of the Board 1 22. Powers of the Board 1 23. Committees of the Board 1 24. Annual report of Board 1 Part 4 — The Training Accreditation Council 25. Establishment of Council 1 26. Further provisions relating to Council 1 27. Functions of the Council 1 28. Delegation by the Council 1 29. Committees of the Council 1 30. Annual report of Council 1 31. Council may provide information to others 1 Part 5 — Colleges Division 1 — Establishment and functions of colleges 35. Establishment of colleges 1 36. Constitution of colleges 1 37. Functions of a college 1 38. Vacation periods 1 Division 2 — Governing councils 39. Governing council 1 40. Further provisions relating to governing councils 1 41. Interim governing councils 1 42. Functions of a governing council 1 43. Strategic plans 1 44A. Annual business plans 1 44. By‑laws 1 45. Delegation by governing council 1 46. Managing director 1 47. College employees 1 Division 3 — Financial provisions 48. Funds of a college 1 49. Use of a college's funds 1 50. College accounts 1 51. Power to borrow 1 52. Power to invest 1 53. Minister may direct transfer of college's funds 1 54. Application of Financial Management Act 2006 and Auditor General Act 2006 1 Division 4 — Failure of governing council to operate efficiently etc. 55. Minister may take action where governing council fails to operate efficiently etc. 1 56. Order assuming functions or appointing administrator 1 Division 5 — Miscellaneous matters 57A. Closure of college, consequences of 1 Part 6 — Other vocational education and training institutions 57. Minister may establish other vocational education and training institutions 1 Part 7A — Regulation of the provision of some vocational education and training Division 1 — General matters 58A. Offences 1 58B. Council may register training providers 1 58C. Council may accredit courses 1 58D. Council may inquire into training providers and courses 1 58E. Council may cancel certain qualifications 1 58F. When Council's decisions have effect 1 Division 2 — Appeals against the Council's decisions 58G. Appeals against the Council's decisions 1 58H. Board to establish review panels 1 58I. Reference back to Council 1 58J. Determination of appeal 1 Division 3 — Miscellaneous matters 58. Regulations for this Part 1 Part 7 — Obtaining prescribed VET qualifications and approved VET qualifications Division 1 — Preliminary matters 60A. Terms used 1 60B. Inconsistency with industrial relations laws, awards etc. 1 60C. Classification of prescribed VET qualifications 1 60D. Offences 1 Division 2 — Qualifying by doing an apprenticeship 60E. Training contracts 1 60F. Registration of training contracts 1 60G. Terminating training contracts 1 60H. Consequences of training contracts ceasing to have effect 1 Division 3 — Qualifying by demonstrating competence 60I. Conferring prescribed VET qualifications to competent persons 1 Division 4 — Miscellaneous matters 60J. Delegation by chief executive 1 60. Regulations for this Part 1 Part 8A — Enforcement matters 61A. VET inspectors, appointment of 1 61B. VET inspectors' powers 1 61C. Entry warrant for a place 1 61D. Consequences of investigations 1 61. Evidentiary matters 1 Part 8 — Miscellaneous 63. Remuneration of members of Board, Council etc. 1 64. Protection from liability 1 67. Regulations 1 68. Transitional provisions (Sch. 2) 1 69. Transitional regulations 1 70. Review of Act 1 Schedule 1 — Provisions relating to the board, the council and governing councils 1. Vacation of office 1 2. Leave of absence 1 3. Meetings 1 4. Disclosure of interests 1 5. Voting by interested members 1 6. Clause 5 may be declared inapplicable 1 Schedule 2 — Transitional provisions 1. Provisions relating to repeal of Industrial Training Act 1975 1 2. Provisions relating to Vocational Education and Training Amendment Act 2024 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Vocational Education and Training Act 1996 An Act to establish a vocational education and training system for the State, to constitute the State Training Board of Western Australia and the Training Accreditation Council, to provide for the establishment of colleges and other vocational education and training institutions, to provide for the training of people, such as apprentices, under training contracts with employers, and for related purposes. [Long title amended: No. 44 of 2008 s. 4.] Part 1 — Preliminary 1. Short title This Act may be cited as the Vocational Education and Training Act 1996. 2. Commencement The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation. 3. Application to Crown This Act binds the Crown in right of the State. 4. Objects The main objects of this Act are as follows — (a) to establish a State training system for the effective and efficient provision of vocational education and training to meet the immediate and future needs of industry and the community; (b) to provide for the registration of some providers of vocational education and training and the accreditation of some vocational education and training courses; (c) to provide a means by which the State is able to meet its obligations under national arrangements relating to vocational education and training; (d) to promote equality of opportunity to undertake vocational education and training; (e) to provide for research and development for the purposes of vocational education and training; (f) to allow for the operation of an open and competitive training market in this State; (g) to provide for people, such as apprentices, to be trained for some occupations under training contracts with employers. [Section 4 amended: No. 44 of 2008 s. 5.] 5. Terms used (1) In this Act, unless the contrary intention appears — account, of a college, means the college's account established under section 50; approved VET course means a VET course that — (a) is accredited by the Council under Part 7A; or (b) is accredited under a corresponding law; or (c) is prescribed by the regulations; approved VET qualification means a document, other than a prescribed VET qualification, that certifies that a person has successfully completed an approved VET course or a part of an approved VET course; Board means the State Training Board established by section 18; chief executive means the chief executive officer of the department of the Public Service principally assisting the Minister to administer the provision in which the term chief executive is used; college means a college established under section 35; corresponding law means a law of another State or a Territory that relates to vocational education and training and that is prescribed to be a corresponding law; Council means the Training Accreditation Council established by section 25(1); educational institution means an institution providing education of any kind and includes a training provider; governing council means a governing council provided for by section 39(1); industry training advisory body means an association, whether incorporated or not, which is conversant with, and capable of giving advice in relation to, the vocational education and training requirements of a particular industry; interim governing council means an interim governing council appointed under section 41(3); member means a member of the Board, the Council, a governing council or an interim governing council as the context requires and includes, where appropriate, the chairperson or deputy chairperson of any of those bodies; other vocational education and training institution means a vocational education and training institution established under section 57(2); prescribed VET qualification means a document that certifies that a person has a qualification of a prescribed type; private training provider means a training provider who or which is not a public training provider; public training provider means — (a) a college or other vocational education and training institution; or (b) a school or university that provides a VET course under an approval given under section 6; registered training provider means a training provider registered — (a) by the Council under Part 7A; or (b) under a corresponding law; school has the meaning given to that term in the School Education Act 1999 section 4; State Training Plan means a plan, approved by the Minister, that sets out for a period — (a) the training needs of the State's various industries in the period; and (b) how those needs should be met in the period by registered training providers, using funds provided under this Act; and (c) any other matters required in the plan by any direction given under section 11; State training system means the vocational education and training system operating under this Act; training provider means a person who or which provides vocational education and training; university means a university established under a written law; VET course means a course of study or training or both study and training in which vocational education and training is provided; VET inspector means a person appointed under section 61A(2); vocational education and training means education, instruction, training or experience that encompasses the development of skills, knowledge and attitudes in any vocation, or in any academic or practical discipline relevant to a particular occupation, business, employment or trade, but, subject to section 6, does not include education, instruction, training or experience provided by a school or a university. (2) A reference in this Act to the training market is a reference to the market in which the vocational education and training required by a State Training Plan may be purchased by the State from either public or private training providers. [Section 5 amended: No. 44 of 2008 s. 6.] 6. Vocational education and training provided by a school or university (1) The Minister may, for the purposes of this Act, approve a specified course or programme, or class of course or programme, provided by a specified school or university. (2) Any course or programme so approved is within the definition of vocational education and training in section 5(1). (3) The power conferred by subsection (1) may only be exercised with the concurrence of — (a) in the case of a school — the Minister administering the School Education Act 1999; (b) in the case of a university — the Minister administering the written law that establishes the university. [Section 6 inserted: No. 44 of 2008 s. 7.] Part 2 — Coordination of the State vocational education and training system Division 1A — VET (WA) Ministerial Corporation [Heading inserted: No. 44 of 2008 s. 8.] 7A. Body corporate continued (1) The body corporate called the "Minister for Training", established previously under this Act, continues under the name "VET (WA) Ministerial Corporation". (2) VET (WA) Ministerial Corporation is a body corporate with perpetual succession. (3) Proceedings may be taken by or against VET (WA) Ministerial Corporation in its corporate name. (4) VET (WA) Ministerial Corporation is to be governed by the Minister. [Section 7A inserted: No. 44 of 2008 s. 8.] 7B. Status and purpose (1) VET (WA) Ministerial Corporation (the corporation) is an agent of the State and has the status, immunities, and privileges of the State. (2) The corporation has power — (a) to enter into any contract that the Minister, under this Act, has power to enter into; and (b) to acquire, hold and dispose of any property that the Minister, under this Act, has power to acquire, hold and dispose of. (3) Despite the employment under the Public Sector Management Act 1994 of ministerial officers for the purpose of assisting the Minister to perform functions that the Minister performs through the corporation, the corporation and those officers are not an organisation for the purposes of that Act. [Section 7B inserted: No. 44 of 2008 s. 8.] 7. Execution of documents (1) VET (WA) Ministerial Corporation (the corporation) is to have a common seal. (2) A document is duly executed by the corporation if — (a) the corporation's common seal is affixed to it in accordance with subsections (3) and (4); or (b) it is signed on behalf of the corporation by the Minister; or (c) it is signed on behalf of the corporation by the chief executive, or another person, authorised under subsection (5). (3) The corporation's common seal is not to be affixed to a document except as authorised by the corporation. (4) The corporation's common seal is to be affixed to a document in the presence of the Minister, and the Minister is to sign the document to attest that the common seal was so affixed. (5) The corporation, in writing under its common seal, may authorise the chief executive or other person to sign documents on its behalf, either generally or subject to conditions or restrictions specified in the authorisation. (6) A document executed by the chief executive or other person under this section without the common seal of the corporation is not to be regarded as a deed unless it is executed as a deed as authorised under subsection (5). (7) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown. (8) If a document bears a seal purporting to be the common seal of the corporation, it is to be presumed that the seal is the common seal of the corporation until the contrary is shown. [Section 7 inserted: No. 44 of 2008 s. 8.] Division 1 — The Minister 8. Functions of the Minister (1) The main functions of the Minister are as follows — (a) to control, direct and coordinate the State training system; (b) to ensure as far as practicable that the needs set out in the State Training Plan are provided by a combination of — (i) public training providers, whether or not under contracts with the Minister; and (ii) private training providers under contracts with the Minister; (c) to promote the development of a competitive training market and to facilitate commercial activities that are authorised by or under this Act; (d) to enter into commercial activities both within Australia and overseas, to generate revenue for, and otherwise benefit, the State training system. (2) The Minister from time to time must require the Board to give the Minister a draft State Training Plan for a period specified by the Minister. (3) The Minister may approve any draft State Training Plan or refuse to approve it and require the Board to prepare another or an amended draft. [Section 8 amended: No. 44 of 2008 s. 10.] 9. Powers of the Minister (1) The Minister may do all things necessary or convenient to be done for or in connection with the performance of the functions specified in section 8 and any other functions conferred on the Minister by this Act. (2) Without limiting subsection (1) the Minister may for the purpose of performing any function — [(a) deleted] (b) determine and coordinate arrangements for — (i) the curriculum; (ii) student selection, admission and enrolment procedures; and (iii) other administrative procedures, to be used or followed by public training providers; (c) acquire, hold, improve, develop and dispose of land and other property of any kind, for and on account of the State, for the purposes of this Act; (d) after publicly inviting tenders or expressions of interest to provide vocational education and training, enter into contracts with training providers under which the training providers provide vocational education and training or services related to vocational education and training; (e) provide funds, by way of grants and otherwise, and make other resources available to training providers and other persons for and for purposes related to vocational education and training; (f) authorise, by lease, licence or other arrangement, the use for commercial, community or any other purpose of any land, buildings, equipment, facilities or services used or provided for, or in connection with, the provision of vocational education and training as long as the use for such a purpose does not detract from the provision of vocational education and training; (g) enter into contracts or other arrangements to provide products, consultancy or other services in the course of, or incidental to, the provision of vocational education and training; (h) turn to account the vocational education and training expertise of the State by means of the sale of services and the commercial exploitation of intellectual property, including the assignment and licensing of such property; (i) enter into contracts and arrangements with overseas organisations for the provision of vocational education and training and related services; (j) engage in applied research and development related to vocational education and training in conjunction with industry, research organisations, other educational institutions and other bodies; (k) assist the development of industry and commerce and the community in relation to the application of new technology related to vocational education and training and the skills and knowledge needed for that application; and (l) on terms and conditions approved by the Treasurer, participate in any business arrangement and acquire, hold and dispose of shares, units or other interests in, or relating to, a business arrangement. (3) The powers referred to in subsection (2)(d), (e), (j), (k) and (l) are not subject to, and may be exercised despite, the Procurement Act 2020. (4) In subsection (2)(l) — business arrangement means a company, a partnership, a trust, a joint venture, or an arrangement for sharing profits; participate includes form, promote, establish, enter, manage, dissolve, wind up, and do anything incidental to participating in a business arrangement. [Section 9 amended: No. 44 of 2008 s. 11. No. 24 of 2020 s. 69.] 10. Delegation by Minister (1) Subject to subsection (2) the Minister may, by instrument of delegation, and either generally or as otherwise provided in the instrument, delegate to — (a) the chief executive; (b) a governing council or an interim governing council; or (c) the managing director of a college or a person in charge of any other vocational education and training institution, the performance of any of the Minister's functions under this Act. (2) The Minister cannot delegate any of the Minister's powers in relation to the appointment of members of the Board or the Council. (3) A person to whom a power has been delegated under subsection (1) may subdelegate that power to another person with the approval of the Minister but not otherwise. 11. Minister may give directions (1) This section applies to the Board, the Council, colleges, and an institution established under Part 6. (2) Subject to subsection (4), the Minister may give directions to a body to which this section applies with respect to the performance by that body of its functions under this Act either generally or in relation to a particular matter, and the body is to give effect to those directions. (3) A direction may be given under subsection (2) requiring a body to have regard to a particular policy or principle. (4) The Minister may not give directions to — (a) the Board, with respect to the performance of its functions under Part 7A Division 2; or (b) the Council, with respect to the performance of its functions under Part 7A Division 1. (5) The text of any direction given to — (a) the Board or the Council is to be included in the annual report presented to the Minister under section 24 or 30; or (b) a college or other institution is to be included in the annual report submitted by the accountable authority of the college or other institution under Part 5 of the Financial Management Act 2006. [Section 11 amended: No. 77 of 2006 Sch. 1 cl. 174(1); No. 44 of 2008 s. 12.] 12. Directions to schools and universities providing vocational education and training (1) The Minister may give directions as to matters coming within subsection (2) to a school or university that — (a) provides vocational education and training by virtue of an approval under section 6; and (b) is funded or partly funded under this Act. (2) The matters as to which directions may be so given are — (a) the preparation, scope and form of management plans; (b) the fees to be charged; (c) the standard and general form of accounts to be kept; and (d) reporting requirements, in relation to the relevant vocational education and training. [Section 12 amended: No. 44 of 2008 s. 13.] 13. Minister may issue guidelines (1) This section applies to the Board, the Council and a public training provider. (2) The Minister may, from time to time, issue guidelines, not inconsistent with this Act, to a body to which this section applies relating to — (a) the functioning of the State training system; and (b) the policy to be implemented and the procedures to be followed, under this Act. (3) The Minister may not issue guidelines to — (a) the Board, with respect to the performance of its functions under Part 7A Division 2; or (b) the Council, with respect to a particular application or matter that is to be determined by the Council. (4) Guidelines issued under this section are to be followed by the body to which they are directed. [Section 13 amended: No. 44 of 2008 s. 14.] 14. Minister to have access to information (1) This section applies to the Board, the Council and colleges. (2) The Minister is entitled — (a) to have information in the possession of a body to which this section applies; and (b) where the information is in or on a document, to have, and make and retain copies of, that document. (3) For the purposes of subsection (1) the Minister may — (a) request a body to which this section applies to furnish information to the Minister; or (b) request a body to which this section applies to give the Minister access to information. (4) A body to which this section applies is to comply with a request under subsection (3). (5) In this section — document includes any tape, disc or other device or medium on which information is recorded or stored; information means information specified, or of a description specified, by the Minister that relates to the functions of a body to which this section applies. Division 2 — Financial matters [15, 16. Deleted: No. 44 of 2008 s. 15.] 17. Minister may lend money (1) The Minister may lend money for approved purposes to a private training provider which does not operate for the purpose of private gain by its members, provided the purposes relate to the provision of vocational education and training. (2) Any such loan is to be made out of moneys borrowed by the Minister under section 17A. (3) The terms and conditions of any such loan, including the interest to be paid — (a) may be less onerous than those that might reasonably apply to such a loan made commercially; and (b) are to be approved by the Treasurer. (4) In subsection (1) — approved purposes means the acquisition of land, the construction, modification and renovation of buildings and the purchase or lease of plant and equipment, or any of those things. [Section 17 inserted: No. 27 of 1998 s. 7.] 17A. Borrowing by the Minister (1) The Minister may borrow moneys for the purpose of lending under section 17 — (a) from the Treasurer on such terms and conditions relating to repayment and payment of interest as the Treasurer imposes; or (b) with the prior written approval of the Treasurer and on such terms and conditions as the Treasurer approves, from persons other than the Treasurer. (2) Any moneys borrowed by the Minister under subsection (1)(b) may be raised — (a) as one loan or as several loans; and (b) in such manner as the Treasurer approves. (3) The total amount of the moneys borrowed by the Minister under subsection (1)(b) in any one financial year is not to exceed such amount as the Treasurer approves. [Section 17A inserted: No. 27 of 1998 s. 7.] 17B. Moneys to be credited and charged to agency special purpose account (1) The following moneys are to be credited to an agency special purpose account established under the Financial Management Act 2006 section 16 — (a) repayments of moneys loaned under section 17; and (b) moneys borrowed under section 17A. (2) The following moneys are to be charged to that account — (a) moneys loaned under section 17; and (b) repayments of moneys borrowed under section 17A. [Section 17B inserted: No. 27 of 1998 s. 7; amended: No. 77 of 2006 Sch. 1 cl. 174(6); No. 44 of 2008 s. 16.] 17C. Guarantee by the Treasurer (1) The Treasurer may, in the name and on behalf of the Crown in right of the State, guarantee the payment of any moneys payable by the Minister in respect of moneys borrowed by the Minister under section 17A(1)(b). (2) A guarantee is to be in such form and contain such terms and conditions as the Treasurer determines. (3) Before a guarantee is given — (a) the Minister is to give to the Treasurer such security as the Treasurer requires; and (b) all instruments that are necessary for the purpose are to be executed. (4) The Treasurer may fix charges to be paid by the Minister to the credit of the Consolidated Account in respect of a guarantee given under this section. [Section 17C inserted: No. 27 of 1998 s. 7; amended: No. 77 of 2006 s. 4.] 17D. Payments under guarantee (1) The due payment of moneys under a guarantee given under section 17C is to be — (a) made by the Treasurer; and (b) charged to, and paid out of, the Consolidated Account, and this subsection appropriates that Account accordingly. (2) The Treasurer is to cause to be credited to the Consolidated Account any amounts received or recovered from the Minister or otherwise in respect of any payment made by the Treasurer under a guarantee given under section 17C. [Section 17D inserted: No. 27 of 1998 s. 7; amended: No. 77 of 2006 s. 4 and 5(1).] Part 3 — The State Training Board 18. Establishment of Board There is established a body called the State Training Board. 19. Constitution of the Board (1) The Board is to consist of — (a) 7 persons appointed by the Minister, of whom one is to be appointed by the Minister to be the chairperson; and (b) the persons appointed under subsection (2), if any. (2) The members appointed under subsection (1)(a) may submit to the Minister a panel of names from which the Minister may appoint 2 other persons to be members of the Board. (3) The members are to be appointed by the Minister for their experience and expertise in education and training, industry or community affairs and for their ability to contribute to the strategic direction of the State training system. (4A) The Board's members must include — (a) at least one person experienced in employers' interests; and (b) at least one person experienced in workers' interests. (4B) For the purpose of complying with subsection (4A)(a), the Minister, in writing, may request the body called the Chamber of Commerce and Industry of Western Australia (Inc.) to give the Minister in accordance with the request the name of one or more (as is specified in the request) persons each of whom has the required experience and is willing to act as a member. (4C) For the purpose of complying with subsection (4A)(b), the Minister, in writing, may request the body called UnionsWA to give the Minister in accordance with the request the name of one or more (as is specified in the request) persons each of whom has the required experience and is willing to act as a member. (4) A member is to hold office — (a) in the case of the chairperson for such period not exceeding 5 years; and (b) in the case of any other member for such period not exceeding 3 years, as is specified in the instrument appointing that member, and a member is eligible for re‑appointment. (5) The appointment of a member is to be published in the Gazette. [Section 19 amended: No. 44 of 2008 s. 17.] 20. Further provisions relating to the Board (1) Schedule 1 has effect with respect to the Board. (2) Subject to this Act, the Board may determine its own procedures. 21. Functions of the Board (1) The functions of the Board are as follows — (a) to give the Minister a draft State Training Plan as and when required by the Minister; (b) to recognise various industry training advisory bodies as bodies from which the Board takes advice for the purpose of drafting a State Training Plan or making recommendations to the Minister under Part 7; (ca) to make recommendations that are required or permitted to be made by it to the Minister under Part 7; (c) to prepare, for consideration by the Minister, policy which aims to improve the links between specific industry developments and vocational education and training so as to gain optimum employment opportunities for people, and ensure the availability of appropriately skilled labour, in the State; (d) to perform the functions it has under Part 7A Division 2; (e) to provide advice to the Minister on the matters set out in subsection (2). (2) The Board is to provide advice to the Minister on — (a) the existing and anticipated supply and demand for skills in various industries, particularly expanding industries and industries which are experiencing or are expected to experience a shortage of skilled labour, and on proposed strategies to support such industries; (b) strategic directions, policies and priorities for the State training system; (c) emerging international, national and State training issues; (d) the extent to which training services meet the current and future requirements of industry and the community, including the requirement for equal opportunity of access to those services; and (e) any other matters, as directed by the Minister. [Section 21 amended: No. 44 of 2008 s. 18.] 22. Powers of the Board (1) The Board may do all things necessary or convenient to be done for or in connection with the performance of its functions. (2) For the purposes of section 21(1)(b) the Board may issue guidelines to industry training advisory bodies in relation to — (a) the criteria to be met for an industry training advisory body to be recognised by the Board; and (b) the matters in relation to which the advice of a recognised industry training advisory body may be sought or given. 23. Committees of the Board (1) The Board may appoint committees to assist it to perform its functions, and may abolish or alter any committee it has appointed. (2) A committee may include people who are not members of the Board but must include at least one member of the Board. (3) The Board may by resolution delegate to a committee, either generally or as otherwise provided in the resolution, any of the Board's functions under this Act other than this power of delegation. (4) A committee may determine its own procedures but they must be consistent with any directions of the Board and the terms of any delegation under which the committee is acting. [Section 23 inserted: No. 44 of 2008 s. 19.] 24. Annual report of Board (1) The Board, on or before 30 September in each year, is to prepare and present to the Minister a report on the operations of the Board during the period of 12 months ending on the preceding 30 June. (2) The Minister is to cause the report to be laid before both Houses of Parliament as soon as practicable after its receipt by the Minister. Part 4 — The Training Accreditation Council [Division heading deleted: No. 44 of 2008 s. 20.] 25. Establishment of Council (1) There is established a council called the Training Accreditation Council. (2) The Council is to consist of 7 members appointed by the Minister of whom one is to be appointed by the Minister to be chairperson. (3) The Minister must not appoint a person as a member of the Council unless satisfied the person has expertise, qualifications or experience relevant to the Council's functions. [Section 25 amended: No. 44 of 2008 s. 21.] 26. Further provisions relating to Council (1) Schedule 1 has effect with respect to the Council. (2) Subject to this Act, the Council may determine its own procedures. (3) The chief executive must provide staff, services and facilities to enable the Council to perform its functions. [Section 26 amended: No. 44 of 2008 s. 22.] 27. Functions of the Council (1) The functions of the Council are set out in this Part and Part 7A. (2) The Council may do all things necessary or convenient to be done for or in connection with the performance of its functions. [Section 27 inserted: No. 44 of 2008 s. 23.] 28. Delegation by the Council The Council may by resolution delegate to a person, including a committee appointed under section 29, either generally or as otherwise provided in the resolution, any of the Council's functions under this Act other than this power of delegation. [Section 28 amended: No. 44 of 2008 s. 24.] 29. Committees of the Council (1) The Council may appoint committees to assist it to perform its functions, and may abolish or alter any committee it has appointed. (2) A committee may include people who are not members of the Council but must include at least one member of the Council. (3) A committee may determine its own procedures but they must be consistent with any directions of the Council and the terms of any delegation under which the committee is acting. [Section 29 inserted: No. 44 of 2008 s. 25.] 30. Annual report of Council (1) The Council, on or before 30 September in each year, is to prepare and present to the Minister a report on the operations of the Council during the period of 12 months ending on the preceding 30 June. (2) The Minister is to cause the report to be laid before both Houses of Parliament as soon as practicable after its receipt by the Minister. [Division heading deleted: No. 44 of 2008 s. 26.] 31. Council may provide information to others (1) The Council may provide information received by it in the course of performing its functions to any person it thinks fit. (2) Information provided under this section may be provided subject to any conditions the Council decides. [Section 31 inserted: No. 44 of 2008 s. 26.] [32-34. Deleted: No. 44 of 2008 s. 26.] Part 5 — Colleges Division 1 — Establishment and functions of colleges 35. Establishment of colleges There are to be maintained in the State such colleges as the Minister considers necessary or desirable for the provision of vocational education and training and for that purpose the Minister may, by order published in the Gazette — (a) establish a college; (b) amalgamate a college or part of a college with another college or close a college; (c) name or rename a college; and (d) make provision in relation to any other matters necessary for, or incidental to — (i) giving effect to the order; and (ii) protecting the rights, interests and welfare of persons affected by an order by which colleges are amalgamated or a college is closed. 36. Constitution of colleges (1) A college consists of the governing council, the staff and the enrolled students of that college. (2) A college is a body corporate with — (a) perpetual succession and a common seal; and (b) power to take and defend proceedings in its corporate name. (3) Regulations may be made under section 67 as to the custody and use of the common seal of a college or a facsimile of that seal, in this State or any other State or Territory. 37. Functions of a college (1A) In this section — business arrangement has the meaning given in section 9(4); participate has the meaning given in section 9(4). (1) The functions of a college are as follows — (a) to provide vocational education and training; (ba) to tender for and enter into contracts for the provision by it of vocational education and training; (bb) to provide vocational education and training on a fee for service basis; (b) to confer awards and, if it is a registered training provider and, under the terms of its registration as such, authorised to do so — (i) approved VET qualifications; and (ii) prescribed VET qualifications; (ca) to provide, for a fee or otherwise, or enter into contracts to provide, products, consultancy or other services in the course of, or incidental to, the provision by the college of vocational education and training; (c) to undertake research and development related to vocational education and training which has a direct practical application to industry, commerce and the community; (da) to turn to account the vocational education and training expertise of the college by means of the sale of services and the commercial exploitation of intellectual property, including the assignment and licensing of such property; (d) to promote equality of opportunity in the undertaking of vocational education and training; (ea) to provide adult and community education; (e) to provide or arrange for the provision of services to its students; (fa) to provide housing for its staff, and residential accommodation for its students; (fb) with the approval of the Minister, to establish and maintain branches of the college at such places in the State as its governing council thinks fit; (f) with the approval of the Minister, on terms and conditions approved by the Treasurer, to participate in business arrangements relating to the provision of vocational education and training; (g) to contribute to the general development of the community in the region of the college through such activities as may be authorised by the Minister; (h) to provide education on behalf of another educational institution; (i) to perform any function prescribed. (2) A college must perform its functions in accordance with its strategic plan last approved under section 43 and its business plan last approved under section 44A. (3) A college is not to hold land or any estate or interest in land, but this subsection does not apply to the holding of land or an estate or interest in land that is part of a business arrangement in which the college participates under subsection (1)(f). (4) The power conferred by subsection (1)(f) is not subject to, and may be exercised despite, the Procurement Act 2020. [Section 37 amended: No. 44 of 2008 s. 27; No. 24 of 2020 s. 70.] 38. Vacation periods (1) The Minister may, by order published in the Gazette determine the vacation periods for colleges in each year. (2) Section 43(4) and (7) to (9) of the Interpretation Act 1984 apply to an order under this section as if it were a regulation. Division 2 — Governing councils 39. Governing council (1) A college is to have a governing council. (2) The governing council of a college is to consist of — (a) a chairperson and a deputy chairperson and not less than 6 or more than 10 other members appointed by the Minister; and (b) the managing director for the time being of the college. (3) The members referred to in subsection (2)(a) are to be appointed for their experience and expertise in education and training, industry or community affairs and for their ability to contribute to the strategic direction of the college. (4) A member appointed under subsection (2)(a) is to be appointed for a period not exceeding 3 years and is eligible for re‑appointment. 40. Further provisions relating to governing councils (1) Schedule 1 has effect with respect to governing councils. (2) Subject to this Act, a governing council may determine its own procedures. 41. Interim governing councils (1) The governing council of a college is to be constituted on the day specified in the order by which the college is established. (2) Until the governing council of a college is constituted the college may, if necessary, be administered by an interim governing council appointed under subsection (3). (3) The Minister may, by order published in the Gazette (whether before, with or after the order by which the college is established) — (a) appoint such number of persons as he or she thinks fit to be the interim governing council of the college; (b) make provision in relation to the terms of appointment of and the procedures to be followed by, an interim governing council; and (c) authorise the interim governing council to exercise such of the powers of a governing council as are specified in the notice. 42. Functions of a governing council (1) The governing council is the governing body of a college with authority in the name of the college to perform the functions of the college and govern its operations and affairs. (2) A governing council of a college may do all things necessary or convenient to be done for or in connection with the performance of its functions. (3) A governing council may perform its functions in another State or a Territory if that is necessary or convenient for the performance of the functions of the college. (4) In performing its functions the governing council of a college must ensure the college's courses, programmes and services are responsive to, and meet, the needs of students, industry and the community. [Section 42 amended: No. 44 of 2008 s. 28.] 43. Strategic plans (1) Before 1 September in each year, or before some other date notified to the college by the Minister in writing, a college must give the Minister a draft strategic plan for the college for such period, beginning on the following 1 January, as is prescribed. (2) A college's strategic plan must set out — (a) the college's medium to long term objectives (including economic and financial objectives) and operational targets and how those objectives and targets will be achieved; and (b) any other matters that are prescribed. (3) A college's strategic plan must be consistent with the State Training Plan. (4) The Minister may approve a draft plan received from a college under this section or refuse to approve it and require the college to prepare another or an amended draft. (5) A college may change a plan approved by the Minister under this section with the approval of the Minister. [Section 43 inserted: No. 44 of 2008 s. 29.] 44A. Annual business plans (1) Before 1 September in each year, or before some other date notified to the college by the Minister in writing, a college must give the Minister a draft business plan for the college for the year that begins on the following 1 January. (2) A college's business plan for a year must set out — (a) the vocational education and training that the college plans to provide in the year; and (b) the other functions of the college that it plans to perform in the year; and (c) any other matters that are prescribed. (3) A college's business plan for a year must be consistent with the State Training Plan, and the college's strategic plan (if any) approved under section 43, that apply to the year. (4) The Minister may approve a draft plan received from a college under this section or refuse to approve it and require the college to prepare another or an amended draft. (5) A college may change a plan approved by the Minister under this section with the approval of the Minister. [Section 44A inserted: No. 44 of 2008 s. 30.] 44. By‑laws With the approval of the Minister, a governing council may make by‑laws — (a) for the safe operation and efficient management of lands and facilities under the management or control of the college, regulating entry on to, use of and conduct on, those lands and facilities and providing disciplinary consequences and penalties not exceeding $1 000 for breach of those by‑laws; and (b) prescribing — (i) the classes of membership and the conditions or qualifications for membership of a student association; and (ii) the functions of a student association and other matters that are necessary or convenient for the effective performance of those functions. 45. Delegation by governing council (1) Subject to subsection (2), a governing council may delegate the performance of all or any of its functions under this Act, other than its power under section 44 to make by‑laws, to the managing director of the college. (2) The managing director of a college to whom a function is delegated under subsection (1) may subdelegate that function to a person employed by the college with the approval of the governing council but not otherwise. 46. Managing director (1) A chief executive officer is to be appointed under Part 3 of the Public Sector Management Act 1994 for each college. (2) The chief executive officer for a college is to be called the managing director of the college. 47. College employees A college is to employ such persons as the governing council considers necessary to enable the functions of the college and the governing council to be performed. Division 3 — Financial provisions 48. Funds of a college A college's funds consist of the following — (a) monies appropriated by Parliament; (b) monies received from commercial activities conducted by the college; (c) monies borrowed by it under section 51; (d) any other monies lawfully received by it. [Section 48 inserted: No. 44 of 2008 s. 31.] 49. Use of a college's funds A college's funds are to be applied to meet the following — (a) the college's expenses in performing its functions; (b) the remuneration and allowances payable under section 63 to the members of the college's governing council; (c) the salaries and wages of, and the other expenses associated with the employment of — (i) the college's managing director; and (ii) the college's staff. [Section 49 inserted: No. 44 of 2008 s. 31.] 50. College accounts (1) An account called the (name of college) Account is to be established for each college — (a) as an agency special purpose account under the Financial Management Act 2006 section 16; or (b) with the approval of the Treasurer, at a bank as defined in section 3 of that Act. (2) Any funds of a college referred to in section 48 must be credited to the college's account. (3) Any funds of a college applied under section 49 must be debited to the college's account. [Section 50 inserted: No. 44 of 2008 s. 31.] 51. Power to borrow A college may borrow money on such terms and conditions as the Treasurer approves. 52. Power to invest If a college's account is maintained at a bank, the governing council may, with the written approval of the Treasurer, invest any funds of the college that are not immediately required for the purposes of this Act in the manner that moneys in the Public Bank Account may be invested under the Financial Management Act 2006. [Section 52 amended: No. 77 of 2006 Sch. 1 cl. 174(8); No. 44 of 2008 s. 32.] 53. Minister may direct transfer of college's funds If the Minister is satisfied that there is available in a college's account a credit balance in excess of the amount reasonably required by the college, the Minister may direct that the whole or a part of that excess be credited to — (a) another college's account; or (b) an account to which the Financial Management Act 2006 applies that is operated for or in connection with the purposes of this Act. [Section 53 inserted: No. 44 of 2008 s. 33.] 54. Application of Financial Management Act 2006 and Auditor General Act 2006 (1) The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of a college and its operations. (2) The financial year of a college begins on 1 January and ends on 31 December and a reference in the Financial Management Act 2006 to an annual report is to be construed accordingly. (3) The Minister, with the approval of the Treasurer, may determine that for the purposes of this section in respect of any operation of the college another period of one year may be substituted for the financial year referred to in subsection (2). [Section 54 amended: No. 77 of 2006 Sch. 1 cl. 174(9)‑(11); No. 44 of 2008 s. 34.] Division 4 — Failure of governing council to operate efficiently etc. 55. Minister may take action where governing council fails to operate efficiently etc. Where, in the opinion of the Minister, the governing council of a college has failed, or is failing — (a) to operate efficiently or effectively; or (b) to perform its functions in accordance with the college's strategic plan last approved under section 43 or its business plan last approved under section 44A; or (c) otherwise to adequately and properly perform its functions, the Minister is to give that governing council written notice, detailing how, in the Minister's opinion, it has failed or is failing and requiring it to remedy the failure within the time specified in the notice. [Section 55 amended: No. 44 of 2008 s. 35.] 56. Order assuming functions or appointing administrator (1) Where in the opinion of the Minister a governing council has failed to comply with a notice under section 55 the Minister may, by order published in the Gazette — (a) remove the members of the governing council from office and appoint another governing council or appoint an administrator to perform the functions of the governing council; or (b) amalgamate the college with another college or close the college. (2) An order under subsection (1) may make provision in relation to any other matters necessary for or incidental to — (a) giving effect to the order; and (b) protecting the rights, interests and welfare of persons affected by the order. (3) An order under subsection (1) may be expressed to take effect on the day of publication, on a day specified in the order being a day not later than the day of publication or on the happening of an event specified in the order and to continue in effect until a day, or the happening of an event, so specified. Division 5 — Miscellaneous matters [Heading inserted: No. 44 of 2008 s. 36.] 57A. Closure of college, consequences of (1) In this section — closing day of a college, means the day on which an order that closes the college, published under section 35(b) or 56(1)(b), takes effect. (2) The Minister must notify the Treasurer as soon as practicable after publishing an order under section 35(b) or 56(1)(b) that closes a college. (3) On the closing day of a college the following provisions apply — (a) all assets and rights of the college become assets and rights of the Minister without the need for any transfer; (b) all liabilities of the college, including contingent liabilities, become liabilities of the Minister; (c) any agreement to which the college is a party (other than one to which the Minister was the other party) has effect as if the Minister was substituted for the college as a party to that agreement; (d) all proceedings commenced before the closing day by or against the college are to be taken to be proceedings pending by or against the Minister; (e) anything done or omitted to be done in relation to the assets, rights and liabilities referred to in paragraphs (a) and (b) before the closing day by, to or in respect of the college (to the extent that that thing has any force or effect) is to be taken to have been done by, to or in respect of the Minister; (f) the Minister becomes the owner of all the college's registers, documents, books and other records, however compiled, recorded or stored and of any tape, disk or other device or medium relating to such records; (g) the status of a college as a body corporate ceases. (4) The Minister is to complete the winding‑up of the operations and affairs of the college as soon as practicable after the closing day and for that purpose the Minister has, and may exercise, any powers that are necessary. (5) On the closure of a college, the Financial Management Act 2006 Part 5 Division 3 applies to and in respect of the college. [Section 57A inserted: No. 44 of 2008 s. 36.] Part 6 — Other vocational education and training institutions 57. Minister may establish other vocational education and training institutions (1) The Minister may exercise the powers conferred by this section where in the Minister's opinion it is necessary or desirable to do so for the purposes of vocational education and training but it is not appropriate to establish a college for that purpose, or to do so at the particular time. (2) Where subsection (1) applies, the Minister may, by order published in the Gazette — (a) establish any vocational education and training institution, other than a college, that he or she considers is required for the effective operation of the State training system; and (b) make provision in relation to any matters necessary for, or incidental to, giving effect to the order including provision for the employment of persons by the chief executive, otherwise than under the Public Sector Management Act 1994. [(3) deleted] (4) An institution established under subsection (2) has such functions and is to operate in such manner as the Minister specifies in the order establishing the institution. (5) An institution established under subsection (2) is to be regarded as a service under the control of the department of the Public Service that principally assists the Minister to administer this Part. [Section 57 amended: No. 44 of 2008 s. 37.] Part 7A — Regulation of the provision of some vocational education and training [Heading inserted: No. 44 of 2008 s. 38.] Division 1 — General matters [Heading inserted: No. 44 of 2008 s. 38.] 58A. Offences (1) A person must not claim or purport to provide an approved VET course if — (a) the person is not a registered training provider; or (b) the person is a registered training provider but is not permitted to provide the course by — (i) any condition of the person's registration as a registered training provider; or (ii) any condition of the course's accreditation; or (iii) any order of the Council; or (c) the course is not an approved VET course. (2) Subsection (1)(a) does not apply to a person who, under an arrangement with a registered training provider, provides an approved VET course on behalf of the provider while being monitored by the provider. (3) A person must not confer, or claim or purport to confer, an approved VET qualification or a prescribed VET qualification if — (a) the person is not a registered training provider; or (b) the person is a registered training provider but is not permitted to confer the qualification by — (i) any condition of the person's registration as a registered training provider; or (ii) any order of the Council. (4) A person must not claim or purport to confer an approved VET qualification, or a prescribed VET qualification, if the qualification is not an approved VET qualification or a prescribed VET qualification. (5) A person must not claim or purport to be a registered training provider if — (a) the person is not a registered training provider; or (b) the person is a registered training provider but the Council has ordered the person not to operate in this State. Penalty: a fine of $10 000. [Section 58A inserted: No. 44 of 2008 s. 38.] 58B. Council may register training providers Subject to the regulations, the Council, on an application by a person or on its own initiative — (a) may register a training provider, either unconditionally or subject to conditions decided by the Council; and (b) if a registered training provider's registration was granted by the Council, may vary, suspend or cancel the registration; and (c) if a registered training provider's registration was not granted by the Council, may — (i) order the provider not to operate in this State; or (ii) by order, impose conditions restricting the provider's operations in this State. [Section 58B inserted: No. 44 of 2008 s. 38.] 58C. Council may accredit courses Subject to the regulations, the Council, on an application by a person or on its own initiative — (a) may accredit a VET course, either unconditionally or subject to conditions decided by the Council; and (b) if an approved VET course is accredited by the Council, may vary, suspend or cancel the accreditation. [Section 58C inserted: No. 44 of 2008 s. 38.] 58D. Council may inquire into training providers and courses For the purpose of ensuring this Act is complied with and the quality of training providers and VET courses, the Council may inquire into — (a) a training provider that is, or that has applied to be, registered by the Council under this Part; and (b) a VET course that is, or that is the subject of an application to be, accredited by the Council under this Part; and (c) at the request of, or after consulting, a body with functions similar to the Council's under a corresponding law — (i) a training provider that is, or that has applied to be, registered by that body; and (ii) a VET course that is, or that is the subject of an application to be, accredited by that body. [Section 58D inserted: No. 44 of 2008 s. 38.] 58E. Council may cancel certain qualifications (1) The Council may cancel an approved VET qualification or a prescribed VET qualification conferred by a registered training provider if the Council is satisfied that it was conferred — (a) by mistake or on the basis of false or misleading information; or (b) in contravention of this Act. (2) The Council must not cancel an approved VET qualification or a prescribed VET qualification unless the Council — (a) has given the person who conferred the qualification and the person who received it written notice of — (i) the Council's intention to cancel it; and (ii) their entitlement to make representations to the Council about the matter; and (b) has afforded those persons a reasonable opportunity to make representations to the Council about the matter; and (c) has considered any representations made to the Council by those persons within the time allowed by the Council for doing so. (3) To cancel an approved VET qualification or a prescribed VET qualification, the Council must give written notice of the cancellation to the person who conferred the qualification and the person who received it. [Section 58E inserted: No. 44 of 2008 s. 38.] 58F. When Council's decisions have effect A decision of the Council made under section 58B, 58C or 58E takes effect — (a) if no appeal is commenced under section 58G, when the time for commencing an appeal has passed; or (b) if an appeal is commenced under section 58G, when that appeal is determined under section 58J or is withdrawn; or (c) on any later day the Council may specify. [Section 58F inserted: No. 44 of 2008 s. 38.] Division 2 — Appeals against the Council's decisions [Heading inserted: No. 44 of 2008 s. 38.] 58G. Appeals against the Council's decisions (1) A person who is dissatisfied with a decision of the Council made under section 58B, 58C or 58E may appeal against it to the Board. (2) An appeal can only be made on the ground that, in making the decision appealed against, the Council was required to apply a guideline issued to the Council under section 13 or a criterion prescribed under section 58(c) and the Council erred in its application of, or failed to apply, the guideline or criterion. (3) An appeal against a decision of the Council must — (a) be commenced by giving the Board a written notice stating the decision and the grounds of the appeal; and (b) be commenced within 21 days after the date on which the appellant was notified of the decision; and (c) be conducted in accordance with the regulations. (4) The Board must give the Council a copy of any appeal notice. [Section 58G inserted: No. 44 of 2008 s. 38; amended: No. 8 of 2024 s. 4.] 58H. Board to establish review panels (1) To assist it in determining an appeal commenced under section 58G, the Board must establish an independent review panel comprised of as many persons with expertise in the area of the subject matter of the appeal as it considers appropriate. (2) The review panel must consider the decision appealed against and submit to the Board, within the time the Board allows, a written recommendation on the issues raised by the appeal. [Section 58H inserted: No. 44 of 2008 s. 38.] 58I. Reference back to Council (1) If a review panel recommends an appeal be allowed, the Board must give the Council a copy of the panel's recommendation and ask the Council to reconsider the decision appealed against. (2) If the Council receives a request made under subsection (1), it must advise the Board, within the time the Board allows, whether it considers the decision appealed against should be altered or confirmed. [Section 58I inserted: No. 44 of 2008 s. 38.] 58J. Determination of appeal (1) If a review panel recommends an appeal not be allowed, the Board must disallow the appeal. (2) If a review panel recommends an appeal be allowed and under section 58I(2) the Council advises that the decision appealed against should be altered, the Board must allow the appeal. (3) If a review panel recommends an appeal be allowed and under section 58I(2) the Council advises that the decision appealed against should be confirmed, the Board must decide whether to — (a) accept the panel's recommendation and allow the appeal; or (b) accept the decision appealed against and disallow the appeal. (4) If under subsection (2) or (3)(a) the Board allows an appeal, it must set aside the decision appealed against and substitute a decision that accords with the review panel's recommendation. (5) The Board must give the appellant — (a) written notice of any decision it makes under this section and of the reasons for it; and (b) a copy of the review panel's recommendation. (6) A decision made by the Board under this section on an appeal is final. [Section 58J inserted: No. 44 of 2008 s. 38.] Division 3 — Miscellaneous matters [Heading inserted: No. 44 of 2008 s. 38.] 58. Regulations for this Part Without limiting the generality of section 67(1), regulations made under section 67 for the purposes of this Part may do any of the following — (a) provide for who may apply to the Council; (b) provide for how applications to the Council must be made; (c) prescribe criteria (including standards and guidelines) that the Council must or may take into account, or must apply, when making a decision; (d) prescribe the conditions that the Council may impose when registering a training provider, including but not limited to conditions that limit — (i) the approved VET courses that the provider can provide; (ii) who the provider can assess for approved VET qualifications or prescribed VET qualifications; (iii) the approved VET qualifications or prescribed VET qualifications that the provider can confer; (e) provide for the conditions that the Council may impose when accrediting a VET course; (f) provide for the period of any registration of a training provider or any accreditation of a VET course; (g) provide for any matter of a savings nature that may be needed when the accreditation of a VET course expires; (h) provide for a register of decisions by the Council; (i) prescribe the circumstances that justify the Council deciding to — (i) vary, suspend or cancel the registration of a training provider or the accreditation of a VET course; (ii) make an order against a registered training provider whose registration was not granted by the Council; (j) confer a discretion on the Council; (k) require registered training providers and persons who hold an accreditation of a VET course to give the Council information, including when a registration or accreditation is suspended; (l) provide for registered training providers to keep records relevant to vocational education and training; (m) require persons who cease to be registered training providers to provide the Council with records of — (i) the courses they provided, in whole or part, and the persons to whom such courses were provided; and (ii) the qualifications they conferred and the persons on whom the qualifications were conferred, before ceasing to