4 days to go - Countdown in Overdrive - So Who does What?

A few years ago I developed a major document called “Have you Read our Act?” it was based on (Qld) Vocational Education, Training and Employment Act 2000 AND the Vocational Education, Training and Employment Regulation 2000. It was shared with colleagues and did receive great feedback especially the fact it

a) identified who did what and

b) pulled together the actual costs (penalties) of non-compliance.

I haven’t had time yet to do up a similar document for our new Act but if there is a demand in the future and I can make time, I may do a similar document for the latest version of the Qld Act as well as the National Vet Regulator Act.  

So in some ways this is an abridge ‘first draft version’. (but comments on the penalties will come in a later post)

One of the first thing that strikes me about National Vocational Education and Training Regulator Act 2011 is the fact it specifically states (s7) (2) (c)

However, referred VET matters does not include the matter of making a law that excludes or limits the operation of a law of a referring State or a Territory to the extent that the law of the referring State or Territory makes provision with respect to:

 (c) the rights and obligations of persons providing or undertaking apprenticeships or traineeships; or ...

So it seems to me that while, most of us at least, will be registered and regulated by the NVR our own ‘Bodies’ will still have a role to play in regulating / auditing us with respect to Apprentices /Trainees and any funding we receive. (Personally I am not sure exactly how that will work .. but it does raise a few questions in my mind ...anyway ... )

This post is going to focus on the NVR, their functions, powers and what they have to do.

First up the functions of the NVR are detailed in Section 157 and they are pretty wide ranging.

(1) The National VET Regulator has the following functions:

(a) to register an organisation as an NVR registered training organisation;

(b) to accredit courses that may be offered and/or provided by registered training organisations;

(c) to carry out compliance audits of NVR registered training organisations;

While this is a function of the NVR and RTOs will be paying to be registered I am still not clear if in addition to our ‘registration fees’ we will also have to pay the NVR to do our ‘normal’ 5 year re-registration audit.  Some people are saying RTOs will have to pay for this ‘service’ but I don’t see how an organisation can charge us for something they say we have to do?

(d) to promote, and encourage the continuous improvement of, a registered training organisation’s capacity to provide a VET course or part of a VET course;

(e) if requested to do so by the Minister, or on the Regulator’s own initiative, to advise and make recommendations to the Minister on matters relating to vocational education and training;

(f) if requested to do so, in writing, by the Education Minister for a State or Territory, or on the Regulator’s own initiative, to advise and make recommendations to the Education Minister for the State or Territory on specific matters relating to vocational education and training in the State or Territory;

(g) if requested to do so, in writing, by the Chair of the Ministerial Council, or on the Regulator’s own initiative, to advise and make recommendations to the Ministerial Council on general matters relating to vocational education and training in all jurisdictions;

(h) to collect, analyse, interpret and disseminate information about vocational education and training;

(i) to publish performance information, of a kind prescribed by the regulations, relating to NVR registered training organisations;

I think this relates to at least a version of the current Quality Indicators. There are also rumours of a similar to ‘my school’ website that will publish (in some shape or form) ‘results / indicators for RTOs as well as a possibly separate on for Unis.

(j) to conduct training programs relating to the regulation of registered training organisations and/or the accreditation of courses;

(k) to enter into arrangements with occupational licensing bodies, other industry bodies, or both, for the purpose of ensuring compliance by NVR registered training organisations with this Act;

(l) to cooperate with a regulatory authority of another country that has responsibility relating to the quality or regulation of vocational education and training for all, or part, of the country;

(m) to develop relationships with its counterparts in other countries;

(n) to develop key performance indicators, to be agreed by the Minister, against which the Regulator’s performance can be assessed each financial year;

(o) to develop service standards that the Regulator must meet in performing its functions;

I like these last 2 but again with a week to go you would think at least drafts of these would be available and I also think the NVR ‘responsiveness to and understanding of’ RTOs should also be a consideration.

(p) any other function relating to vocational education and training that is set out in a legislative instrument made by the Minister;

There is that term again “Legislative Instruments”

(q) such other functions as are conferred on the Regulator by or under:

(i)       this Act; or

(ii)       the Education Services for Overseas Students Act 2000 or any other law of the Commonwealth;

(r) to do anything incidental to, or conducive to, the performance of any of the above functions.

So to all of this what other ‘powers and responsibilities’ do they have? ....

Tune in tomorrow for more ...