Version No. 055
Vocational Education and Training Act 1990
Act No. 45/1990
Version incorporating amendments as at 11 October 2006
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1.Purposes
2.Commencement
3.Definitions
4.Objects
Part 2—Co-ordination of State Training System
Division 1—State Co-ordination
5.Ministerial guidelines
6.Ministerial directions
6A.Ministerial directions on employment matters
6B.Ministerial orders
7.Compliance with Ministerial guidelines and directions
8.Establishment of Victorian Learning and Employment Skills Commission
9.Functions of the Commission
9A.Functions of the Commission in relation to ANTA
9B.Functions of the Commission under National Training Wage Award
9C.Functions of the Commission under Commonwealth
Workplace Relations Act 1996
10.Performance agreements and financial powers
11.Powers of the Commission
12.Accountability
13.Member
14.Terms and conditions of office of member
15.Acting members
16.Validity of acts or decisions of the Commission
17.Repealed
18.Meetings of the Commission
19.Public service staff
20.Delegations
20AA.Power of further delegation—Workplace Relations
Act 1996 of the Commonwealth
20A.Power of further delegation
20B.Delegations to approved training agents
21.Establishment of bodies to act as delegates of Commission
22.Immunity of Commission members from suit
Division 2—National System
22A.Conferral of functions on ANTA in relation to Victoria
22B.Powers of ANTA in Victoria
22C.Representations to funding bodies
Part 3—TAFE Colleges
23.TAFE colleges
24.Incorporation of TAFE college councils
25.Functions of TAFE college councils
26.Powers of TAFE college councils
27.Accountability of TAFE college councils
28.Council membership
29.Terms and conditions of office of members
29A.Repealed
30.Proceedings of councils
31.Reserve powers of Minister
32.Notice of proposal
33.Appointment of administrator
34.Saving of acts of council
34A.Employment of staff
34B.Minister may object to college director appointment
34C.Schedule 2
35.College directors
36.Immunity
37.Repealed53
Part 4—Industry Training Boards
38.Establishment or declaration of industry training boards
39.Orders establishing industry training boards
40.Revocation of orders
41.Functions of industry training boards
42.Powers of industry training boards
43.Members
44.Terms and conditions of office of members
44A.Proceedings of boards
45.Immunity of board members from suit
Part 5—Apprenticeships
Division 1—Application of Part
46–48.Repealed
49.Binding of Crown
50.Application of Part
Division 2—Training Schemes
51.Training schemes
52.Schedule 3
Division 3—Training Agreements
53.Employer must have Commission's approval to enter into a training agreement with an apprentice
54.Employer's obligations under a training agreement
55.Apprentice's obligations under a training agreement
56.General provisions about training agreements
57.Term of a training agreement
58.Cancellation, suspension or variation of a training agreement
59.Suspension or cancellation of a training agreement if insufficientemployment available
60.Commission to determine grievances in certain circumstances
61.Associations of employers may employ apprentices
62.Partnerships
Division 4—Miscellaneous
63.Register of apprentices
64.Subsidies
65–72.Repealed72
Part 6—Repealed72
73–85.Repealed72
Part 7—Practical Placement
86.Definitions
87.Practical placement agreements
88.Determination about the placement of post-secondary students
89.Repealed
90.Suspension of conditions for students
91.Exemption of practical placement from laws prohibiting or regulating employment of young persons
91A.Duty of care
Part 7A—Minimum Terms and Conditions
91AB.Rates of pay
Part 8—Miscellaneous
91B.Authorised officers
91C.Identification
91D.Powers of authorised officers
92.Proceedings for offences
92A.Offences by corporations etc.
93.Evidentiary
93AA.Certificates
93A.Supreme Court—limitation of jurisdiction
94.Regulations
94A.Fees for certificates
94B.Review of decisions of training agents
Part 9—Savings, Repeal and Amendments
Division 1—Savings Provisions
95.Abolition of authorities
96.Repealed
97.Trades, apprenticeships and training agreements
Division 2—Further savings provisions
98.Vocational Education and Training (Training Framework) Act 1997
99.Transitional provisions
100–106.Repealed
Divisions 3, 4—Repealed
107–120.Repealed
______
SCHEDULES
SCHEDULE 1—TAFE Institutions
SCHEDULE 2—Employment of Staff
SCHEDULE 3—State Training Wage Provisions
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 055
Vocational Education and Training Act 1990
Act No. 45/1990
Version incorporating amendments as at 11 October 2006
1
Vocational Education and Training Act 1990
Act No. 45/1990
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purposes
The main purposes of this Act are—
S. 1(a) amended by Nos 91/1991 s.43(a)(i), 97/2000 s.41(Sch. 2 item5.1).
(a)to establish the Victorian Learning and Employment Skills Commission and to specify its powers and functions in the promotion, planning, co-ordination and administration of vocational education and training in Victoria and of adult, community and further education in TAFE colleges; and
S. 1(b) amended by No. 91/1991 s.43(a)(ii).
(b)to provide for the establishment of TAFE colleges as self governing institutions forming part of the post-secondary education system in Victoria which includes vocational education and training and adult, community and further education; and
(c)to provide for the establishment or declaration of industry training boards; and
S. 1(d) amended by Nos 62/1994 s.31(1), 80/1997
s. 35(1).
(d)to provide for the regulation of apprenticeships and other workplace training; and
S. 1(e) amended by No. 62/1994 s.60, repealedby No. 97/2000 s.37(Sch. 1 item3.1).
*****
S. 1(f)
inserted by No. 62/1994 s.60.
(f)to provide for and regulate the practical placements of students of TAFE providers so as to enable those students to obtain general work experience or to receive workplace training.
2.Commencement
s. 2
This Act comes into operation on a day or days to be proclaimed.
3.Definitions
In this Act—
S. 3 def. of "accredited course" inserted by No. 62/1994 s.45(1), amended by
No. 80/1997
s. 4(a), repealed by No. 97/2000 s.37(Sch. 1 item3.2).
*****
S. 3 def. of "adult, community and further education" inserted by No. 91/1991 s.43(b)(i).
"adult, community and further education" has the same meaning as in the Adult, Community and Further Education Act 1991;
S. 3 def. of "Adult, Community and Further Education Board" inserted by No. 91/1991 s.43(b)(i).
"Adult, Community and Further Education Board" means the Adult, Community and Further Education Board established under the Adult, Community and Further Education Act 1991;
S. 3 def. of "adult, community and further education plan"
inserted by No. 91/1991 s.43(b)(i).
"adult, community and further education plan" means the adult, community and further education plan made under the Adult, Community and Further Education Act 1991;
S. 3 def. of "ANTA" inserted by No. 62/1994 s.11.
"ANTA" means the Australian National Training Authority established under the Australian National Training Authority Act 1992 of the Commonwealth;
S. 3 def. of "apprentice" inserted by No. 62/1994 s.45(1), amended by No. 80/1997
s. 4(b).
"apprentice" means a person whom an employer has undertaken to train under a training agreement;
s. 3
S. 3 def. of "approved training scheme" inserted by No. 62/1994 s.45(1).
"approved training scheme" means a training scheme approved under section 51;
S. 3 def. of "award" substituted by No. 83/1992 s.184(Sch. 6 item 22.1), repealed by No. 82/1994 s.13(Sch. 2 item 10.1).
*****
S. 3 def. of "Board" repealedby No. 27/2004 s.15(1)(a).
*****
S. 3 def. of "Commis-sion"
inserted by No. 97/2000 s.41(Sch. 2 item5.2).
"Commission" means the Victorian Learning and Employment Skills Commission;
S. 3 def. of "Council of further education" repealed by No. 91/1991 s.43(b)(ii).
*****
S. 3 def. of "declared vocation" inserted by No. 62/1994 s.45(1), repealed by
No. 80/1997
s. 4(c).
*****
s. 3
S. 3 def. of "Defence Force" inserted by No. 62/1994 s.42,
repealed by No. 80/1997
s. 4(c).
*****
S. 3 def. of "employment agreement" inserted by No. 106/1994 s.4,
repealed by No. 80/1997
s. 4(c).
*****
S. 3 def. of "executive officer" inserted by No. 14/1993 s.4, amendedby No. 62/1994 s.23(1).
"executive officer" means a member of the management staff of a TAFE college or the TAFE division of a university with a TAFE division;
"further education" means that part of technical and further education which is not vocational education and training and which is not provided or offered by a university or autonomous college;
S. 3 def. of "government office" amended by No. 62/1994 s.78(a).
"government office" means—
(a)an office under the Crown in right of the State of Victoria (not being an office in the public service or the teaching service) to which the right to appoint is vested in the Governor in Council; or
s. 3
(b)an office of member, acting member or deputy member of a public statutory body whether corporate or unincorporate to which the right to appoint is vested in the Governor in Council;
S. 3 def. of "National standards" inserted by No. 62/1994 s.45(1).
"National standards" means standards agreed to from time to time by the governments of the Commonwealth, States and Territories;
S. 3 def. of "National Statement" inserted by No. 62/1994 s.11, amended by No. 80/1997
s. 35(2).
"National Statement" means the statement set out in the Schedule to the Australian National Training Authority Act 1992 of the Commonwealth;
"prescribed" means prescribed by this Act or the regulations;
S. 3 def. of "recognised qualification" inserted by No. 80/1997
s. 4(d), repealed by No. 97/2000 s.37(Sch. 1 item 3.2).
*****
S. 3 def. of "registered training organisation" inserted by No. 80/1997
s. 4(d), amended by Nos 11/2002 s.3(Sch. 1 item 65.1), 27/2004 s.15(1)(b).
"registered training organisation" means a person or body registered in accordance with the Victorian Qualifications Authority Act 2000 to deliver an accredited course or issue a recognised qualification;
S. 3 def. of "Regional Council" inserted by No. 91/1991 s.43(b)(iii).
"Regional Council" means a Regional Council of Adult, Community and Further Education, established under the Adult, Community and Further Education Act 1991;
S. 3 def. of "State Register of Accredited Courses" inserted by No. 62/1994 s.45(1), repealed by
No. 80/1997
s. 4(e).
*****
s. 3
S. 3 def. of "State Register of Accredited Courses and Recognised Qualificat-ions"
inserted by No. 80/1997
s. 4(e), repealed by No. 97/2000 s.37(Sch. 1 item3.2).
*****
"TAFE" means technical and further education;
S. 3 def. of "TAFE college" amended by Nos 14/1993 s.12(2)(a), 18/1993 s.29(1)(b).
"TAFE college" means an institution specified in Schedule 1 but if an institution is also specified in Schedule 2 of the Tertiary Education Act 1993 means that part of the institution which provides technical and further education;
"TAFE institution" means a university, school, college or centre at or from which technical and further education is provided;
S. 3 def. of "technical and further education" substituted by No. 18/1993 s.29(1)(a).
"technical and further education" has the same meaning as in the Tertiary Education Act 1993;
s. 3
S. 3 defs of "trade", "trainee" inserted by No. 62/1994 s.45(1), repealed by No. 80/1997
s. 4(c).
*****
S. 3 def. of "training" inserted by No. 62/1994 s.45(1).
"training" means training whether by way of course, instruction or practical training in the knowledge and skills required for a vocation;
S. 3 def. of "university with a TAFE division" inserted by No. 62/1994 s.21, amended by Nos 79/1997
s. 19(1), 40/2005 s.129(4).
"university with a TAFE division" means the University of Ballarat, Royal Melbourne Institute of Technology, Swinburne University of Technology andVictoriaUniversity;
"vocational education and training" means—
(a)that part of technical and further education which is directed to the development of skills in relation to a trade or vocation; and
(b)apprenticeships and other forms of training which are based in the workplace;
S. 3 def. of "vocational education and training course" inserted by No. 62/1994 s.45(1).
"vocational education and training course" means a sequence of vocational education and training.
4.Objects
s. 4
The objects of this Act are—
(a)to establish a State Training System for the provision of vocational education and training responsive to the needs of industry and the community; and
(b)to establish institutions for the provision of TAFE as part of the system of State post-secondary education institutions; and
S. 4(c) amended by No. 62/1994 s.14(1).
(c)to provide mechanisms by which industry can advise government on vocational education and training needs and priorities to meet those needs; and
S. 4(d) amended by No. 97/2000 s.41(Sch. 2 item5.3).
(d)to provide mechanisms for consultation between the Commission and technical and further education providers and other bodies involved in technical and further education; and
S. 4(e) amended by No. 62/1994 s.44, repealedby No. 97/2000 s.37(Sch. 1 item3.3).
*****
S. 4(ea) inserted by No. 80/1997
s. 5, repealedby No. 97/2000 s.37(Sch. 1 item3.3).
*****
(f)to facilitate the development of training by and within industry; and
s. 4
(g)to promote the devolution and decentralisation of decision-making within the State Training System; and
S. 4(h) repealed by No. 97/2000 s.37(Sch. 1 item3.3).
*****
(i)to ensure adequate access to vocational education and training and to the services and programs of TAFE colleges and TAFE institutions in general by disadvantaged persons and groups and to make provision for the equitable treatment of all individuals in the provision of services and programs by TAFE colleges and TAFE institutions; and
S. 4(ia) inserted by No. 91/1991 s.43(c).
(ia)to ensure the provision of and access to adult, community and further education in TAFE colleges in accordance with the adult, community and further education plan; and
(j)to ensure adequate representation of women and men at all levels of the State Training System and on all bodies in the State Training System.
s. 4
______
Pt 2 (Heading) amended by No. 62/1994 s.4.
Part 2—Co-ordination of State Training System
Pt 2 Div. 1 (Heading) inserted by No. 62/1994 s.9.
Division 1—State Co-ordination
5.Ministerial guidelines
s. 5
S. 5(1) amended by Nos 91/1991 s.43(d), 97/2000 s.41(Sch. 2 item5.3).
(1)The Minister, after consulting with or considering the advice of the Commission, may issue written guidelines on any matter relating to vocational education and training in Victoria or adult, community and further education in TAFE colleges.
S. 5(2) amended by Nos 91/1991 s.43(e)(i)(ii), 18/1993 s.29(1)(c), substituted by No. 62/1994 s.5.
(2)A guideline may be issued so as to require a matter affected by the guideline to be approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies.
S. 5(3) inserted by No. 62/1994 s.5.
(3)A guideline takes effect—
(a)on and from the day specified in it; or
(b)if no day is specified, on and from the day on which the guideline is issued.
S. 6
amended by No. 62/1994 s.6(1)(a)(b).
6.Ministerial directions
S. 6(1) amended by No. 97/2000 s.41(Sch. 2 item5.3).
(1)The Minister, after consulting with or considering the advice of the Commission, may give written directions to—
S. 6(1)(aa) inserted by No. 62/1994 s.6(1)(b).
(aa)the council of a TAFE college; or
S. 6(1)(ab) inserted by No. 62/1994 s.6(1)(b).
(ab)the council of a university with a TAFE division; or
S. 6(1)(ac) inserted by No. 62/1994 s.6(1)(b).
(ac)an industry training board—
in relation to all or any of the following matters—
(a)the preparation, scope and form of performance agreements;
s. 6
(b)the preparation, scope and form of management plans;
S. 6(1)(c) substituted by No. 62/1994 s.6(1)(c).
(c)the fees and charges which may or must be imposed and any concessions or exemptions which may or must apply to them;
(d)any action necessary to enable the State to comply with the terms of any agreement or arrangement made between it and the Commonwealth of Australia or any other State or Territory;
(e)the standard and general form of accounts and records to be kept by the council or board;
(f)the inspection of facilities, accounts and records of the council or board;
S. 6(1)(g) amended by No. 62/1994 s.6(1)(d).
(g)in the case of a council of a TAFE college, as to whether the council may exercise any of the powers mentioned in section 26(2), the approvals which must be obtained before those powers are exercised and the conditions under which the powers are to be exercised;
(h)reporting requirements.
S. 6(1A) inserted by No. 27/2003 s.3.
(1A)The Minister may give written directions to the council of a TAFECollege relating to—
(a)offering and conducting courses of study leading to the conferral of higher education awards within the meaning of the Tertiary Education Act 1993; or
(b)the conferral of those higher education awards.
S. 6(2) inserted by No. 62/1994 s.6(2).
(2)The Minister's power to give directions to the council of a university with a TAFE division islimited to those matters referred to in sub-section (1) to the extent that they relate to the TAFE division of that university.
S. 6(3) inserted by No. 62/1994 s.6(2).
(3)A direction may be given so as to require a matter affected by the direction to be approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies.
S. 6(4) inserted by No. 62/1994 s.6(2).
(4)A direction takes effect—
s. 6
(a)on and from the day specified in it; or
(b)if no day is specified, on and from the day on which it is given.
S. 6A
inserted by No. 14/1993 s.5.
6A.Ministerial directions on employment matters
s. 6A
(1)The Minister may give written directions to—
(a)the council of a TAFE college; or
S. 6A(1)(b) substituted by No. 62/1994 s.23(2)(a).
(b)the council of a university with a TAFE division—
about the employment of staff by the council or, in the case of a university, the employment of staff in the TAFE division of that university.
(2)Without limiting sub-section (1), a direction may make provision for or with respect to—
S. 6A(2)(a) amended by No. 62/1994 s.23(2)(b).
(a)staff redundancies including the number of staff to be made redundant within a specified period and the transfer of staff to another TAFE college or to the TAFE division of a university with a TAFE division;
(b)staff superannuation arrangements including the making of employer contributions;
S. 6A(2)(c) amended by No. 62/1994 s.23(2)(b)(c).
(c)the method of accounting and payment between TAFE colleges and the universities with TAFE divisions in respect of accrued or accruing leave or other employment entitlements where a staff member transfers to another TAFE college or the TAFE division of a university with a TAFE division.
(3)A direction may be made so as to apply—
(a)generally or in specified cases or in a specified class of case or specified classes of cases;
(b)at all times or at a specified time or specified times.
(4)A direction may be made so as to require a matter affected by the direction to be approved by or to the satisfaction of a specified person or a specified class of persons.
(5)A direction takes effect—
(a)on and from the day specified in it; or
(b)if no day is specified, on and from the day on which the direction is notified in the Government Gazette.
(6)The Minister must cause a direction to be published in the Government Gazette as soon as practicable after it is made.
S. 6B
inserted by No. 14/1993 s.5, amendedby No. 62/1994 s.23(3).
6B.Ministerial orders
s. 6B
The Minister may make an order declaring a position or class of positions on the staff of a TAFE college or the TAFE division of a university with a TAFE division to be part of the management staff of the TAFE college or TAFE division.
S. 7
amended by Nos 14/1993 s.6, 62/1994 s.6(3).
7.Compliance with Ministerial guidelines and directions
The council of a TAFE college or a university with a TAFE division and an industry training board must observe and give effect to any guideline issued under section 5 and any direction under section 6 or 6A applying to it when exercising its functions or powers under this Act.
8.Establishment of Victorian Learning and Employment Skills Commission
s. 8
S. 8(1) substituted by No. 97/2000 s.38(1).
(1)There is established a Commission to be called the Victorian Learning and Employment Skills Commission.
S. 8(2) amended by No. 97/2000 s.41(Sch. 2 item5.3).
(2)The Commission—
(a)is a body corporate with perpetual succession; and
(b)has a common seal; and
(c)may sue and be sued in its corporate name; and
(d)is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions and exercising its powers; and
(e)is capable of doing and suffering anything that a body corporate may by law do and suffer, and that is necessary or expedient for performing its functions and exercising its powers.
S. 8(3) amended by No. 97/2000 s.41(Sch. 2 item5.3).
(3)The common seal must be kept as directed by the Commission and must only be used as authorised by the Commission.
(4)All courts must take judicial notice of the imprint of the common seal on a document and, until the contrary is proved, must presume that the document was properly sealed.
9.Functions of the Commission
s. 9
S. 9(1) amended by No. 91/1991 s.43(f)(i)–(viii), substituted by No. 62/1994 s.7, amendedby No. 97/2000 s.41(Sch. 2 item5.3).
(1)The functions of the Commission are—
S. 9(1)(a) substituted by No. 97/2000 s.38(2)(a).
(a)to advise the Minister about the development and implementation of policy frameworks for post compulsory education and training and employment in Victoria that will ensure high quality services and programs are provided to meet the needs of industry, government and individuals;
S. 9(1)(ab) inserted by No. 97/2000 s.38(2)(a).
(ab)to advise the Minister about state wide planning for post compulsory education and training and employment;
S. 9(1)(ac) inserted by No. 97/2000 s.38(2)(a).
(ac)to advise the Minister about emerging post compulsory education and training requirements of government, industry, the community and individuals;
S. 9(1)(ad) inserted by No. 97/2000 s.38(2)(a).
(ad)to advise on the planning for the integration of post compulsory education and training and labour market programs;
(b)to advise the Minister about vocational education and training strategies to complement State and national economic and social development;
(c)to identify major vocational education and training issues and make recommendations to the Minister about those issues;
S. 9(1)(d) substituted by No. 97/2000 s.38(2)(b).
(d)to provide for the delivery of post compulsory education and training in Victoria by education and training organisations registered under the Victorian Qualifications Authority Act 2000;
S. 9(1)(da) inserted by No. 97/2000 s.38(2)(b).
(da)to monitor the outcomes of post compulsory education and training for the broad purposes of economic and regional development, community and individual development and social justice;