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Legislation in schedules is amended or repealed according to its terms.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