Legislation
At the Ministerial Council for Tertiary Education and Employment (MCTEE) meeting on 9 June 2010, the Commonwealth, state and territory First Ministers agreed in-principle to the draft Intergovernmental Agreement (IGA) and to drafting instructions for legislation. Ministers have also agreed to establish the National Standards Council for Vocational Education and Training which is encompassed under the IGA. This IGA was agreed in-principle by COAG on 13 February 2011.
For more information, please refer to the Communique for MCTEE.
The legislation to establish the national VET regulator was developed in consultation with stakeholders, current regulators, and the states and territories. This legislation - the National Vocational Education and Training Regulator Bill 2010 (2011) and the National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010 - was introduced in the Senate on 26 November 2010.
This legislation sets out the regulatory framework within which the national vocational education and training regulator will operate.
The National Vocational Education and Training Regulator (Consequential Amendments) Bill was introduced in the Senate on 10 February 2011. This legislation makes changes to existing Commonwealth Acts, including the Education Services to Overseas Students Act 2000, to ensure that it reflects the changes to the regulatory environment.
On 10 February 2011, the Senate jointly referred these Bills to the Education, Employment and Workplace Relations Legislation Committee for inquiry and report.
You can find information about the inquiry on the Legislation Committee page of the Parliament of Australia website.
The Committee reported to the Senate on 21 March 2011 and recommended that the Bills be passed in their current form with amendments to be made in the future.
The three Bills were passed by the Senate on 23 March 2011 and by the House of Representatives on 24 March 2011.
The Commonwealth legislation relies on a referral of powers to allow it to apply to all RTOs in referring states. New South Wales offered to act as the lead referring state. Its referral legislation was introduced into the NSW Parliament on 24 November 2010, and was passed on 30 November 2010. Read the referral legislation: Vocational Education and Training (Commonwealth Powers) Bill 2010
Implementation
On 6 July 2010, the Hon Simon Crean MP, Minister for Education, announced the appointment of an interim Chair, Ms Kaye Schofield, and an interim Chief Executive Officer, Mr John Smyth, to help set up the national VET regulator and ensure it is ready to begin regulatory action from the day of its commencement.
Kaye Schofield is one of Australia’s most knowledgeable and experienced practitioners in the VET sector. Following a career in NSW TAFE college management, she held CEO positions in two South Australian government departments, including the Department of Employment and TAFE. Kaye has since led and managed significant assignments in the government sector, including ministerial inquiries and reviews.
John Smyth is the former Secretary of the Tasmanian Department of Education, and his career includes eight years in the role of Executive Officer of TAFE Tasmania. His experience in the VET sector also includes time at the Northern Territory Employment and Training Authority. John was also a member of the Board of the Australian National Training Authority (ANTA).
For more information see the Minister's Media Release.