national-vocational-education-and-training-regulator-data-streamlining-amendment-act-2023.pdf, p.7
1 Section 3
national-vocational-education-and-training-regulator-data-streamlining-amendment-act-2023.pdf, p.10
10 In the appropriate position
Agreement by Ministerial Council is required for certain requirements.
2 Subsection 187(1)
Ministerial Council's agreement is a requirement.
Agreement by Ministerial Council is a class inclusion.
national-vocational-education-and-training-regulator-data-streamlining-amendment-act-2023.pdf, p.9
214B Collection, use or disclosure of information
Authorisation for collecting, using or disclosing information for VET data systems
214B(1) Collection, use or disclosure of information
Authorisation to collect, use or disclose information
Secretary may make a determination specifying circumstances as the Secretary considers appropriate.
214B(2) Collection, use or disclosure of information
Specify circumstances for facilitating data provision in non-referring States.
214B(3) Collection, use or disclosure of information
VET data system must collect, store and manage information
214B(4) Collection, use or disclosure of information
A VET data system CONTAINS information collected in accordance with Data Provision Requirements
VET data system contains information collected in accordance with Data Provision Requirements
(4) A VET data system is a computer system used by one or more of...
A VET data system PROCESS information in accordance with Data Provision Requirements
VET data system processes information in accordance with Data Provision Requirements
A VET data system MUST collect, store and manage information
A VET data system SPREADS information to authorized parties
VET data system spreads information to authorized parties
A VET data system IS_RECURSIVE information collected in accordance with Data Provision Requirements
VET data system is used to collect, store and manage information recursively
A National VET data system must be operated and maintained by the Commonwealth or under contracts to which neither is a party.
214B(5) Collection, use or disclosure of information
Specifies National Centre for Vocational Education Research for purposes of paragraph (5)(b)
214B(6) Collection, use or disclosure of information
3 After subsection 187(1)
Requires making a decision of an administrative character
3(1A) After subsection 187(1)
(1A) the legislative instrument may make requirements that depend on the making of a decision of an administrative character by the National VET Regulator.
Defines person for the purpose of paragraph (1)(b) to include individuals holding or performing specified duties.
3(1B) After subsection 187(1)
even if the office or position does not come into existence until after the Ministerial Council’s agreement is given
Defines temporal interval for the purpose of paragraph (1)(b)
(Ministerial Council’s agreement is given)
...the reference to person in paragraph (1)(b) includes...
Establishes a logical connection between the duty and its scope
To avoid doubt, the reference to person in paragraph (1)(b) includes...
Establishes a duty to include individuals holding or performing specified duties
includes a person from time to time holding, occupying or performing the duties of a specified office or position
national-vocational-education-and-training-regulator-data-streamlining-amendment-act-2023.pdf, p.8
Insertion of 'or an instrument made under this Act'
4 Section 191
Insertion of section 210B into the Department's name.
5 Subsection 210A(1)
6 Section 210B (heading)
7 Subsection 210B(2)
8 At the end of section 210B
Release of information to the public under certain conditions.
8(4) At the end of section 210B
...in the specified circumstances (if any)
(a) has been agreed to by the Ministerial Council;
(b) if the Ministerial Council has agreed...
Permission granted by the Ministerial Council or a specified person/body.
...has been endorsed by the specified person or body...
Permission granted by a specified person/body under a specified procedure.
(b) if the Ministerial Council has agreed that...
Information types are classified into categories.
...by means of a specified procedure in specified circumstances (if any)...
Personal information can be released if it is the name of a registered training organisation.
8(5) At the end of section 210B
Release personal information if necessary
9 At the end of Division 2 of Part 9
1 Definitions
Amendments apply to use, disclosure or release of information on or after commencement time.
2 Application of amendments
Requires a relation between identifiable temporal intervals.
Continuation of data provision requirements under amended subsection
3 Saving of Data Provision Requirements
national-vocational-education-and-training-regulator-data-streamlining-amendment-act-2023.pdf, p.6
1 Short title
1 Section 1
Commencement rules for provisions in the Act.
2 Commencement
Schedule 1, effective one day after Royal Assent.
2 Section 2
3 July 2023
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
4 July 2023
An Act to amend the National Vocational Education and Training Regulator Act 2011, and for related purposes
National Vocational Education and Training Regulator (Data Streamlining) Amendment Act 2023