10 days to go but first, exactly who is the NVR?

As we step into this brave new world, one of the first things I want to do is make sure I understand any terms, acronyms, labels, roles/positions, authorities and responsibilities. In previous L&M Newsletters we had a regular section called “Who’s Who (or New) in the Zoo” and this post is sort of like that.

I have used the actual National Vocational Education and Training Regulator Act 2011 as my as my base reference (it is the Law after all) and supplemented this with information from the ASQA website and any other reference where relevant.

For more information, examples and links to lots of legislation you can go to LM TWR - Legislation & Regulations: A Live Binder with “links and references to a wide range of ACTS and associated documents for Australian workplaces with an emphasis on the VET Sector”

I expected to be able to post a list of new ‘terms etc’ possibly with links to any old ones and a brief reference as to where to get more information. I also expected this to be a fairly easy and clear cut activity. Unfortunately as you will see, neither of these expectations was completely realised. (So much so that I ended up doing a number of posts of this ‘issue’ ... see later posts for further information)

To begin at a beginning. “Uummm ... So who and what is the national VET Regulator?”

Well according to the definitions (s3) “National VET Regulator means the body established by section155”

(s155 (2)) states “The National VET Regulator may also be known by a name specified in the regulations” and (s155 (1)) which establishes the National Vocational Education and Training Regulator also has the term “National VET Regulator” in brackets.

Throughout the ACT there is constant reference to “NVR registered training organisation(s)” and in the definitions section (s3) it states “NVR registered training organisation means a training organisation that is registered by the National VET Regulator as a registered training organisation under this Act.”

In my research I am sure I read somewhere that the National VET Regulator may also be known as the ‘NVR’ however, I can’t find that reference again. (If anyone else spots it can you let me know).

So when we talk about the body which regulates us (RTOs) we can refer to it as

a) the National Vocational Education and Training Regulator or

b) the National VET Regulator or (assumedly)

c) the NVR.

So ... who or what is the “Australian Skills Quality Authority” (ASQA)?

According to their website (and as we have all heard ..)

“The Australian Skills Quality Authority (ASQA) will become Australia’s national regulator for vocational education and training from 1 July 2011”

But interestingly the body, term or organisation “Australian Skills Quality Authority” or “ASQA” is not mentioned at all in any of the legislation.

I guess we are meant to understand that reference to the NVR means or is the same as ASQA or perhaps the NVR will ‘give power to’ the ASQA to operate on its behalf?

And this is where it gets even a bit more confusing, for me anyway.

Section 156 states

                   The National VET Regulator consists of:

                     (a)  a Chief Commissioner; and

                     (b)  2 Commissioners.

Note:         The National VET Regulator does not have a legal identity separate from the Commonwealth.

So 2 things jump out at me straight away: So the body that regulates us (RTOs) is

1) Made up of just 3 people? (That is a lot of power in the hands of just 3 people) And

2) Not a ‘legal identity’ separate from the Commonwealth?

I was expecting the Regulator would have been a ‘Statutory Body’ (if that is right term) BUT then on the ASQA website, under organisational structure .. it does say ...

“The national regulator will be an independent statutory authority …..”

Hummm  ... I will look into that more .. BUT getting back to the 3 people situation ..

So how do the 3 people get ‘chosen’?

Section 162 explains that the Commissioners will be “appointed by the Governor‑General by written instrument, on a full‑time basis.” (Well I think you would WANT then to be full time!)  And ..

They can ‘only’ be appointed if “the Minister is satisfied that the person has appropriate qualifications, knowledge or experience”

You would hope they had the appropriate qualifications, knowledge AND experience but the term ‘Minister’ is not definitively defined in the ACT but I assume it means ‘the’ Federal Minister. There is further references to Ministerial Council .. see later in this post ... Either way .. So I person is responsible for appointing 3 other people who will make all the decisions to regulate our industry?

If they have been “an executive officer of a registered training organisation” in the previous 2 years they can not be appointed.

I guess this is to try and avoid bias or conflict of interest?

Out of the 3 people or Commissioners, one must be appointed Chief Commissioner and another one Deputy Chief Commissioner. It also notes that they can be ‘re-appointed’ .. and somewhere I read something about them being appointed for a 5 year term (but I can’t locate that reference at the moment)

Section 159 entitled “Independence of the National VET Regulator” states that apart from Section 160, “the National VET Regulator is not subject to direction from anyone in relation to the performance of its functions or the exercise of its powers”.

Section 160 begins with “The Minister may, by legislative instrument, give a direction to the National VET Regulator if the Minister considers that the direction is necessary to protect the integrity of the VET sector” then lists the 4 areas the Minister can’t give direction about which basically includes registering individual RTOs, particular NVR RTOs and the accreditation of courses.

Again .. more on ‘The Minister’ in a later post and remember the term “legislative instrument” it becomes very important to us under this ACT!

So at the moment we have the GG appointing 3 people to be the NVR (I assume on the recommendation of ‘The Minister’?) ...

Also in the ACT there is substantial reference to Ministerial Council which is defined as “the body known as the Ministerial Council for Tertiary Education and Employment on the day on which this definition commences.”

This is commonly know as MCTEE and is compromised of the ‘relevant’ education type Ministers from all States and Territories and Senator the Hon Chris Evans represents the Commonwealth, so I assume at the moment he is “The Minister” that the ACTS references.

In another post I’ll look at the role of MCTEE in greater detail ..

There is a lot more information about the powers, roles and procedures of the NVR in the ACT which I will try and summarise in a later post.

But at this point it seems to me that the Body which Regulates our Industry:

·         May be or may not be a ‘Statutory Body’;

·         Should be known as some version of ‘NVR’ and / or maybe also ASQA?

·         Comprises of 3 people appointed by one person but hopefully in consultation at least with a Ministerial Council made up of representatives from all over Australia.

Right. Good. That is all as clear as mud.

Finally, to close this post here is one thing we should NOT say.

Let’s never refer to just “The Vet Regulator” because according to the definitions in Section 3 this can mean EITHER the National VET Regulator OR .. “a body of a non‑referring State that is responsible for the kinds of matters dealt with by this Act”

We really do not want or need to be confused by what and which regulator we are talking about.