Vocational Education and Training Regulations 1996 02-b0-03 Xml

Western Australia

Vocational Education and Training Act 1996

Vocational Education and Training Regulations 1996

Part 1 — Preliminary

1.Citation

These regulations may be cited as the Vocational Education and Training Regulations 1996 1.

2.Commencement

These regulations come into operation on the day on which Part 5 of the Act comes into operation 1.

3.Definitions

(1)In these regulations the expression “category A course”, “category B course”, “category C course” or “category D course” means a course classified as of that category under regulation 4.

(2)In these regulations a reference to the number of hours for a course is a reference to —

(a)for a course that is accredited by the Training Accreditation Council — the number of hours set out in the submission for accreditation made by the course provider to the Training Accreditation Council as being the number of hours in which an average student could reasonably be expected to complete the course; or

(b)for a course in respect of which there is a training package approved by the Minister — the number of hours set out for the course in the training package as being the number of hours in which an average student could reasonably be expected to complete the course.

(3)For the purposes of these regulations “completing a course” —

(a)includes undertaking any assessment required to be undertaken to complete the course; but

(b)does not include undertaking any of the following —

(i)unsupervised work experience;

(ii)unsupervised industry placement;

(iii)unsupervised field placement;

(iv)private study.

[Regulation 3 amended in Gazette 23 Dec 2005 p. 6246-7.]

Part 2 — Classification of courses

4.Classification by Minister

(1)The Minister is to issue to all colleges not later than the beginning of a calendar year an instrument setting out for that year the way in which courses provided by colleges are classified for the purposes of these regulations.

(2)In the instrument referred to in subregulation (1) the courses provided by colleges are to be classified as follows —

(a)category A is to consist of courses that the Minister determines generally lead to credentials for engaging in any occupation, employment or trade;

(b)category B is to consist of courses that the Minister determines are intended to promote equality of opportunity in gaining access to vocational education and training or employment;

(c)category C is to consist of courses that the Minister determines are intended for persons engaged, or seeking to be engaged, in small business undertakings; and

(d)category D is to consist of courses that the Minister determines are intended for personal or community development.

(3)The Minister may by instrument issued to all colleges amend an instrument issued under subregulation (1).

Part 3 — Selection and fees

Division 1 — Selection for category A courses, and fees

5.Definitions

In this Division —

“Admissions Manager” means the officer designated under regulation 7;

“course” means a category A course.

6.Application of this Division

(1)This Division does not apply to a course if —

(a)the number of hours for the course does not exceed —

(i)an average of 13 hours in each week; or

(ii)a total of 221 hours in a semester;

(b)the chief executive officer of the department has determined that applications for selection for the course are to be made to the college concerned.

(2)The description of a course in the handbook of courses published for prospective students of colleges is to indicate whether subregulation (1)(b) applies to the course.

[Regulation 6 amended in Gazette 23 Dec 2005 p. 6247.]

7.Admissions Manager to perform functions on behalf of colleges

The chief executive officer of the department is to designate an officer of the department as Admissions Manager with the function of undertaking, where this Division applies, the selection of persons for category A courses on behalf of colleges.

8.Application for selection for a course

(1)A person who wishes to be selected for a course provided by a college is to —

(a)apply in writing to the Admissions Manager for selection; and

(b)pay the application fee specified in item 1 of Schedule 1.

(2)A fee is not payable by a person for an application under subsection (1) if the person was enrolled in a secondary education institution (whether a senior college, senior campus or secondary school) on a full‑time basis at any time during the academic year before the year in which the application is made.

9.Late applications

(1)The Admissions Manager may for any course determine a day after which applications under regulation 8 are to be regarded as late applications.

(2)A person who wishes to make a late application under regulation 8 (including a person who comes within regulation 8(2)) is to pay, instead of the fee specified in item 1 of Schedule 1, the late application fee specified in item 2 of that Schedule.

10.Fee for assessing suitability of particular practical experience

(1)A person who wishes —

(a)to make an application under regulation 8 in respect of a course; and

(b)to be selected for the course on the basis of experience rather than previous vocational education,

is to pay, instead of the fee specified in item 1 of Schedule 1, an application fee determined by the Admissions Manager as representing the cost of dealing with the application.

(2)The fee determined under subregulation (1) is not to exceed the relevant amount specified in item 3 of Schedule 1.

11.Amendment of application

A person who —

(a)has made an application under regulation 8; and

(b)wishes to make a change to the application,

is to pay to the Admissions Manager the fee specified in item 4 of Schedule 1.

Division 2 — Course fees

[Heading inserted in Gazette 23 Dec 2005 p. 6247.]

12.Course fees

(1)Subject to regulation 15A the course fee for a course is as follows —

(a)for a category A course — the fee determined in accordance with Schedule 1 clause 5;

(b)for a category B course — nil;

(c)for a category C course — the fee determined in accordance with Schedule 1 clause 6;

(d)for a category D course — the fee determined for the course by the college that provides it.

(2)For the purposes of regulation 20(2b) the concessional rate of course fee for a category D course is 75% of the fee referred to in subregulation (1)(d).

[Regulation 12 inserted in Gazette 23 Dec 2005 p. 6247-8.]

[13-15.Repealed in Gazette 23 Dec 2005 p. 6247.]

15A.Tuition fees for overseas students

(1)The course fee for any course for a student who is not an Australian resident is —

(a)if there is a relevant determination in force under this regulation, the fee specified in that determination; or

(b)otherwise, the fee determined in accordance with regulation 12.

(2)The Minister may by instrument issued to the relevant college or colleges determine the course fee for a course for a student who is not an Australian resident.

(3)The Minister may determine different fees for different courses or different students based on —

(a)the categories of the course;

(b)the subject matter of the course;

(c)which college provides the course;

(d)the country of origin of the student;

(e)the level and extent of the student’s previous vocational education, training and experience; or

(f)any other criteria the Minister considers relevant to the cost of providing the course,

or any combination of those criteria.

(4)In this regulation —

“Australian resident” means a person who —

(a)is an Australian citizen within the meaning of the Australian Citizenship Act 1948 of the Commonwealth; or

(b)holds —

(i)a permanent visa; or

(ii)a visa of sub‑class 309, 310, 785, 820 or 826,

within the meaning of the Migration Act 1958 of the Commonwealth.

[Section 15A inserted in Gazette 13 Apr 1999 p. 1547‑8; amended in Gazette 5 Nov 1999 p. 5635; 8 Oct 2002 p. 5097; 23 Dec 2005 p. 6248.]

Division 3 — Other fees

16.Colleges may determine other fees

(1)A college may from time to time determine any fee or charge that is payable to the college for any particular vocational education or training or related service supplied by the college, not being a service for which a fee is prescribed by these regulations.

(2)The Minister is to direct each college under section 11 of the Act as to the manner in which a determination under subregulation (1) is to be published.

(3)A determination under subregulation (1) does not have effect until it is published accordingly.

16A.Fee for application for registration as training provider

(1)The fee for making an application to the Council for registration as a training provider is an amount determined by the Council that will allow recovery of costs and expenses incurred by the Council relevant to administering the scheme for the registration of training providers.

(2)The Council may determine different amounts to be payable by different training providers according to the number of industries in relation to which the training providers provide vocational education and training.

(3)If a fee payable for making an application under subregulation (1) is not paid within the time specified by the Council, the amount of the fee may be recovered in a court of competent jurisdiction as a debt due to the Crown.

[Regulation 16A inserted in Gazette 16 Aug 2002 p. 4209‑10.]

Part 4 — Enrolment

17.Enrolment

(1)A person cannot take a course provided by a college unless he or she is enrolled as a student at the college.

(2)A person is enrolled by —

(a)lodging a completed enrolment form with the college; and

(b)paying —

(i)subject to regulation 19(1a), the enrolment fee provided for by regulation 19;

(ii)subject to regulations 22 and 23, the course fee for the course provided for by Part 3 Division 2;

and

(iii)any other fee or charge properly payable in connection with the course under regulation 16.

[Regulation 17 amended in Gazette 29 Nov 2002 p. 5667; 23 Dec 2005 p. 6248.]

18.When enrolment may be refused

(1)Despite regulation 17, a person is not enrolled at a college if, within 21 days after he or she has complied with that regulation, the governing council of the college —

(a)decides to refuse the enrolment; and

(b)gives notice in writing to the person of the decision and of the reasons for it.

(2)The only grounds on which a governing council may refuse an enrolment under subregulation (1) are that the person —

(a)has committed —

(i)a breach of discipline at a college; or

(ii)a breach of the by‑laws of a college,

and the governing council considers that there is a significant risk of a further breach by the person; or

(b)has failed to pay any fee or charge properly payable to a college.

(3)It is sufficient compliance with subregulation (1)(b) if the notice is sent by post to a postal address given by the person in the enrolment form.

(4)Nothing in this regulation affects the application of criteria in the selection of persons for a course.

19.Enrolment fee

(1)The enrolment fee is the relevant fee specified in item 8 of Schedule 1.

(1a)There is no enrolment fee for a category D course.

(2)A person is a full‑time student for the purposes of item 8 of Schedule 1 if his or her application for enrolment covers a course or courses the number of hours for which exceeds —

(a)an average of 13 hours in each week; or

(b)a total of 221 hours in a semester.

[Regulation 19 amended in Gazette 29 Nov 2002 p. 5667; 23 Dec 2005 p. 6248.]

Part 5 — Fee concessions, exemptions etc.

Division 1 — Concessional rates of fees

20.Persons entitled to concessional rate of course fee

(1)In this regulation —

“Centrelink” means the Commonwealth agency known as Centrelink.

(2)The following persons are entitled to the concessional rate of course fee for any category A course —

(a)persons holding a Health Care Card issued by Centrelink;

(b)persons holding a Pensioner Concession Card issued by Centrelink;

(c)persons holding a Repatriation Health Benefits Card issued by the Commonwealth Department of Veterans’ Affairs;

(d)persons in receipt of a benefit under the AUSTUDY scheme described in the Student Assistance Act 1973 2 of the Commonwealth;

(e)persons in receipt of a benefit under the ABSTUDY scheme of the Commonwealth;

(ea)persons in receipt of the common youth allowance from the Commonwealth;

(eb)persons who have reached 15 years of age, who have not reached 18 years of age and who are not due to reach 18 years of age in the calendar year for which they enrol;

(f)persons who are inmates of a custodial institution for adults or juveniles;

(g)dependents of persons referred to in paragraphs (a) to (f).

[(2a)omitted under the Reprints Act 1984 s. 7(4)(e).]

(2b)The following persons are entitled to the concessional rate of course fee for any category D course —

(a)persons holding a Health Care Card issued by Centrelink;

(b)persons holding a Pensioner Concession Card issued by Centrelink;

(c)persons holding a Repatriation Health Benefits Card issued by the Commonwealth Department of Veterans’ Affairs;

(d)persons holding a Seniors Card issued by the Office of Seniors Interests;

(e)dependents of persons referred to in paragraphs (a) to (d).

(3)It is the responsibility of a person who claims an entitlement under this regulation in relation to a course provided by a college to establish that entitlement to the satisfaction of the governing council of the college.

[Regulation 20 amended in Gazette 7 Nov 1997 p. 6150 (disallowed in Gazette 9 Jun 1998 p. 3098); 14 Aug 1998 p. 4434‑5; 4 Dec 1998 p. 6535; 28 Nov 2003 p. 4774; 23 Dec 2005 p. 6248-9.]

21.Concessional rate may be allowed for vocational courses in cases of financial hardship

If the governing council of a college is satisfied, on application by a person who wishes to enrol at the college for a category A course, that payment of the full course fee for the course would cause financial hardship to the person, the council may determine that the concessional rate is to apply to that person for that course as if he or she were a person to whom regulation 20(1) applies.

[Regulation 21 amended in Gazette 7 Nov 1997 p. 6150 (disallowed in Gazette 9 Jun 1998 p. 3098); 23 Dec 2005 p. 6249.]

Division 2 — Other fee relief

22.Payment of certain fees by instalments may be allowed in cases of financial hardship

(1)If the governing council of a college is satisfied, on application by a person who wishes to enrol at the college for a course, that payment of the full course fee for the course at the time of enrolment would cause financial hardship to the person, the council may allow the person to pay the fee by instalments of such amounts and at such times as it determines.

(2)If the governing council of a college is satisfied, on application by a person who would otherwise be liable for a fee imposed under regulation 16 for a service, that payment of the fee would cause financial hardship to the person, the council may allow the person to pay the fee by instalments of such amounts and at such times as it determines.

(3)If a student fails to pay an instalment when it becomes due and payable the governing council of a college may —

(a)withdraw the allowance granted under subregulation (1) or (2) and require the student to pay the total unpaid portion of the fee by a date specified by the council; or

(b)cancel the enrolment of a student.

(4)The governing council of a college may only exercise a power under subregulation (3) if —

(a)the council has given the student 21 days written notice of its intention to do so; and

(b)any instalment payable before the notice was given remains unpaid at the expiry of those 21 days.

(5)If a student fails to pay an instalment, or an amount payable under subregulation (3)(a), when it becomes due and payable the governing council of a college may recover that amount in a court of competent jurisdiction as a debt due to the college.

[Regulation 22 amended in Gazette 7 Nov 1997 p. 6151; 23 Dec 2005 p. 6249.]

23.Exemption from fees in cases of severe financial hardship

(1)If the governing council of a college is satisfied, on application by a person who wishes to enrol at the college for a course, that payment of the course fee for the course would cause severe financial hardship to the person, the council may determine that no course fee is payable by the person for the course.

(2)If the governing council of a college is satisfied, on application by a person who would otherwise be liable for a fee imposed under regulation 16 for a service, that payment of the fee would cause severe financial hardship to the person, the council may determine that the fee is not payable by the person for the service.

[Regulation 23 amended in Gazette 23 Dec 2005 p. 6249.]

24.Refund of fees on cancellation etc. of course

Subject to regulation 26A, a person who is enrolled at a college for a course is entitled to a full refund of any fee paid for that course under regulation 17, or any instalment of the course fee —

(a)if, after enrolment, the course is cancelled; or

(b)if, after enrolment —

(i)there is a change in the day or time scheduled for the course; and

(ii)the person lodges with the college notice, in a form provided by the college, that he or she has withdrawn from the course because the day or time as changed is not suitable to him or her.

[Regulation 24 amended in Gazette 29 Nov 2002 p. 5668; 23 Dec 2005 p. 6249.]

25.Full refund of course fee on withdrawal within specified period

(1)Subject to regulation 26A, a person who is enrolled at a college for a course is entitled to a full refund of the course fee paid for that course, or any instalment of the fee, if within the allowed period he or she lodges with the college notice, in a form provided by the college, that he or she has withdrawn from the course.

(2)For the purposes of subregulation (1) the allowed period ends —

(a)4 weeks after the course commences; or

(b)on the completion of 25% of the course,

whichever is the sooner.

[Regulation 25 amended in Gazette 29 Nov 2002 p. 5668; 23 Dec 2005 p. 6249.]

26.Pro rata refund of course fee on withdrawal

(1)Subject to regulation 26A, a person who is enrolled at a college for a course is entitled to a pro rata refund of the course fee paid for that course, or any instalment of the fee, if after the expiry of the allowed period under regulation 25(2), he or she —

(a)lodges with the college notice, in a form provided by the college, that he or she has withdrawn from the course; and

(b)provides evidence to the satisfaction of the governing council that the withdrawal is due to a change of circumstances which the person could not reasonably have foreseen at the time of the enrolment.

(2)The pro rata refund is to be the same proportion of the fee paid as the proportion of the course not undertaken by the person.

[Regulation 26 amended in Gazette 29 Nov 2002 p. 5668; 23 Dec 2005 p. 6249-50.]

26A.Discretionary refund of fees for category D courses

The refund to which a person who is enrolled at a college for a category D course is entitled under regulation 24, 25 or 26 is the amount that the college providing the course determines is reasonable in the circumstances in which the person’s entitlement arises.

[Regulation 26A inserted in Gazette 29 Nov 2002 p. 5668.]

Part 6 — Common seals of colleges

27.Form

The common seal of a college is to be circular in form and have —

(a)the name of the college in its centre; and

(b)the words “Common Seal” around its circumference.

28.Custody

The common seal of a college is to be kept in safe custody by the managing director of the college.

29.Use

The common seal of a college is not to be affixed to any document unless the governing council of the college has determined by resolution that it be so affixed.

30.Attestation

The common seal of a college is to be affixed to a document in the presence of —

(a)the chairperson or deputy chairperson of the governing council of the college; and

(b)at least one other member of the governing council,

and each of the persons so present is to sign the document to attest that the common seal was so affixed.

31.Seal book

(1)A college is to have a book (“the seal book”) in which is to be entered a record of all documents to which the common seal has been affixed.

(2)The managing director is responsible for —

(a)keeping the seal book in safe custody; and

(b)ensuring that the necessary entries are made in it.

Part 7 — Supplementary transitional provisions

32.State Training Profile

The State Training Profile —

(a)prepared by the department as the State training agency under clause 23 of the Schedule to the Australian National Training Authority Act 1992 of the Commonwealth and approved under clause 27 of that Schedule; and

(b)as in force immediately before the commencement of the Act,

is to be taken, on that commencement, to be the approved State Training Profile for the purposes of section 8(b) of the Act.

33.College Training Profile

A College Training Profile for a college —

(a)prepared for the purposes of the State Training Profile referred to in regulation 32; and

(b)as in force immediately before the commencement of the Act,

is to be taken, on that commencement, to be a College Training Profile approved by the Minister for that college for the purposes of section 42(2)(a) of the Act.

34.Agreements with training providers

Any agreement relating to the provision of vocational education and training in force immediately before the commencement of the Act between —

(a)the Minister responsible for the administration of the Act repealed by section 70(2) of the Act, or a person acting on behalf of that Minister; and

(b)a training provider,

is to be taken to be an agreement relating to the provision of vocational education and training between the Minister responsible for the administration of the Act and that training provider for the purposes of the Act.

35.Saving

Nothing in this Part affects the exercise of the powers conferred by the Act in respect of the matters dealt with in this Part.

36.Funds and accounts of colleges

(1)Any account established for a college under section 38(2) of the Colleges Act 1978 3 is to be taken to be an account established for that college under section 49 of the Act.

(2)All moneys that had been credited to, or placed to the credit of, an account referred to in subregulation (1) and which were available to the Council of the college under section 38(1) of the Colleges Act 1978 3 are to be taken to be funds of the college under section 48(b) of the Act.

[Regulation 36 inserted in Gazette 7 Nov 1997 p. 6152]

37.Funds and accounts for technical schools or technical colleges

(1)All moneys standing to the credit of an account established for a technical school or technical college under section 9B of the Education Act 1928 4 are to be taken to have been transferred to, and placed to the credit of, an account established under section 49 of the Act for the college on the commencement of the Act.

(2)All moneys transferred to, and placed to the credit of, an account for a college under subregulation (1) are to be taken to be funds of the college under section 48(b) of the Act.

(3)For the purposes of the Financial Administration and Audit Act 1985 the accountable officer in respect of the accounts referred to in subregulation (1) for the period ending on 31 December 1996 is the chief executive officer of the department.

[Regulation 37 inserted in Gazette 7 Nov 1997 p. 6152.]

38.State Employment and Skills Development Authority Account

The funds standing to the credit of the State Employment and Skills Development Authority Account established under section 34 of the State Employment and Skills Development Authority Act 1990 3 are to be taken to have been transferred to, and placed to the credit of, the Vocational Education and Training Trust Fund established under section 15 of the Act on the commencement of the Act.

[Regulation 38 inserted in Gazette 7 Nov 1997 p. 6152.]

Schedule 1 — Fees

		$
1.	Application fee for selection for a category A course (reg. 8(1)) ...................................................................	20.00
2.	Late application fee (reg. 9(2)) ...................................	45.00
3.	Fee for assessing practical experience (reg. 10) .........	70.00
4.	Fee for changing application (reg. 11) ........................	20.00
5.	Course fee for a category A course for each hour, or part of an hour, for the course (reg. 12) —
	(a)if concessional rate applies under reg. 20(2)or 21 .................................................	0.71
	(b)otherwise ..........................................................	1.36
	The maximum fee under this item for all category A courses taken by a person in a semester is —
	(i)if concessional rate applies under reg. 20(2) or 21 .....................................	259.15
	(ii)otherwise ................................................	496.40
6.	Course fee for a category C course for each hour, or part of an hour, for the course (reg. 12) .....................	4.15
[7 and 7A deleted]
8.	Enrolment fee per semester (reg. 19) .........................	22.76

[Schedule 1 amended in Gazette 7 Nov 1997 p. 6151; 14 Aug 1998 p. 4435‑6; 4 Dec 1998 p. 6535; 5 Nov 1999 p. 5635; 2 Nov 2001 p. 5795‑6; 14 Dec 2001 p. 6408‑9; 16 Aug 2002 p. 4210; 29 Nov 2002 p. 5668; 28 Nov 2003 p. 4774; 26 Nov 2004 p. 5310; 23 Dec 2005 p. 6250.]

Notes

1This is a compilation of the Vocational Education and Training Regulations 1996 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Vocational Education and Training Regulations 1996	27 Dec 1996 p. 7167‑84	1 Jan 1997 (see r. 2 and Gazette 12 Nov 1996 p. 6301)
Vocational Education and Training Amendment Regulations 1997 5	7 Nov 1997 p. 6149‑51	7 Nov 1997
Vocational Education and Training Amendment Regulations (No. 2) 1997	7 Nov 1997 p. 6152	1 Jan 1997 (see r. 2 and Gazette 12 Nov 1996 p. 6301)
Vocational Education and Training Amendment Regulations 1998	14 Aug 1998 p. 4433‑6	14 Aug 1998
Vocational Education and Training Amendment Regulations (No. 2) 1998	4 Dec 1998 p. 6534‑5	4 Dec 1998
Vocational Education and Training Amendment Regulations 1999	13 Apr 1999 p. 1546‑8	13 Apr 1999
Vocational Education and Training Amendment Regulations (No. 2) 1999 r. 5 and 6	5 Nov 1999 p. 5634‑5	5 Nov 1999 (see r. 2(1))
Reprint of the Vocational Education and Training Regulations 1996 as at 26 May 2000 (includes amendments listed above)
Vocational Education and Training Amendment Regulations 2001	2 Nov 2001 p. 5795‑6	2 Nov 2001
Vocational Education and Training Amendment Regulations (No. 3) 2001	14 Dec 2001 p. 6408‑9	14 Dec 2001
Vocational Education and Training Amendment Regulations 2002	16 Aug 2002 p. 4209‑10	16 Aug 2002
Vocational Education and Training Amendment Regulations (No. 2) 2002	8 Oct 2002 p. 5096‑7	8 Oct 2002
Vocational Education and Training Amendment Regulations (No. 3) 2002	29 Nov 2002 p. 5667‑8	29 Nov 2002
Vocational Education and Training Amendment Regulations 2003	28 Nov 2003 p. 4773‑4	28 Nov 2003
Vocational Education and Training Amendment Regulations 2004	26 Nov 2004 p. 5310	26 Nov 2004
Reprint 2: The Vocational Education and Training Regulations 1996 as at 17 Dec 2004 (includes amendments listed above)
Vocational Education and Training Amendment Regulations 2005 6	23 Dec 2005 p. 6246-50	23 Dec 2005

2Formerly referred, incorrectly, to the Student and Youth Allowances Act 1973 of the Commonwealth. The correct short title of the Act was the Student and Youth Assistance Act 1973. That short title was changed to the Student Assistance Act 1973 by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 of the Commonwealth. The reference was changed under the Reprints Act 1984 s. 7(3)(h).

3Repealed by the Vocational Education and Training Act 1996.

4Repealed by the School Education Act 1999.

5The Vocational Education and Training Amendment Regulations 1997 r. 4 and 5 were disallowed on 21 May 1998 (see Gazette 9 Jun 1998 p. 3098).

6The Vocational Education and Training Amendment Regulations 2005 r. 6(3) reads as follows:

“

6.Regulation 15A amended and savings

(3)A determination issued under regulation 15A that is in force immediately before these regulations commence and specifies a tuition fee for a course for a student, continues in force after these regulations commence and the fee so specified is to be taken to be the course fee specified for that course for that student.

”.