Overview
In 2009 the Council of Australian Governments (COAG) agreed to establish a national regulator for the vocational education and training (VET) sector. The new regulator will be an independent Commonwealth statutory authority.
The new regulator is being established through:
- a referral of powers by the states (other than Victoria and Western Australia), and
- the exercise of the Commonwealth’s constitutional powers in the territories.
There will be a transition period for transfer of registration from state and territory regulators to the national regulator.
With the passage of legislation establishing the national VET regulator through the Commonwealth Parliament, the regulator will commence operations in July 2011.
Victoria and Western Australia
In Victoria and Western Australia, the national regulator will be responsible for registering VET providers that:
- offer courses to international students, or
- operate in a state or territory other than Victoria or Western Australia.
Victoria and Western Australia will continue to regulate VET providers that:
- only deliver services to domestic students, and
- operate in Victoria only, Western Australia only, or Victoria and Western Australia.
Victoria and Western Australia have agreed to enact legislation which will mirror the Commonwealth legislation.
Legislation
Legislation to establish a national VET regulator - National Vocational Education and Training Regulator Bill 2010 - was introduced into the Commonwealth Parliament in November 2010.
On 10 February 2011, the Senate jointly referred the following legislation to the Education, Employment and Workplace Relations Legislation Committee for inquiry and report:
- National Vocational Education and Training Regulator Bill 2010 [2011]
- National Vocational Education and Training Regulator (Consequential Amendments) Bill 2011, and
- National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010 [2011].
After further consultation, the Committee recommended that the Bill be passed in its current form with amendments to be made in the future.
The legislation was passed by the Senate on 23 March 2011 and by the House of Representatives on 24 March 2011.
In accordance with s 190 of the National Vocational Education and Training Regulator Act 2011, the Minister made guidelines for the National VET Regulator to use when assessing risk, approved by the Ministerial Council.
Standards Council
In December 2009, COAG also agreed to establish a new Standards Council. This Council will provide advice to the Ministerial Council for Tertiary Education and Employment (MCTEE) on national standards for regulation including registration, quality assurance, and accreditation of VET qualifications.