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This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
National Training Authority Amendment Bill
1998
No. ,
1998
(Education, Training and Youth
Affairs)
A Bill for an Act to amend the
Australian National Training Authority Act 1992, and for other
purposes
ISBN: 0642 377243
Contents
A Bill for an Act to amend the Australian National
Training Authority Act 1992, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian National Training Authority
Amendment Act 1998.
(1) Subject to subsection (2), this Act commences on the day on which it
receives the Royal Assent.
(2) Item 17 in Schedule 1 is taken to have commenced on 21 December 1992,
immediately after the commencement of the Australian National Training
Authority Act 1992.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Section 3
Omit “Statement” (wherever occurring), substitute
“Agreement”.
2 Subsection 4(1)
Insert:
Agreement means:
(a) the Australian National Training Authority Agreement (a copy of which
is set out in Schedule 1) that was endorsed by the Ministerial Council on 14
November 1997 and was afterwards approved by the Commonwealth and the States;
or
(b) if that Agreement is amended—that Agreement as so
amended.
3 Subsection 4(1)
Insert:
annual VET plan has the same meaning as in the
Agreement.
4 Subsection 4(1) (definition of industry
training advisory body)
Omit “Statement”, substitute “Agreement”.
5 Subsection 4(1) (definition of Ministerial
Council)
Repeal the definition, substitute:
Ministerial Council means:
(a) if the expression is used in respect of a time before the commencement
of this definition—a Council consisting of the Ministers from each State
and the Commonwealth responsible for vocational education and training as that
Council operated in accordance with the Statement; or
(b) if the expression is used in respect of a time after that
commencement—a Council consisting of the Ministers from each State and the
Commonwealth responsible for vocational education and training as that Council
operates in accordance with the Agreement.
6 Subsection 4(1) (definition of national
strategic plan)
Repeal the definition.
7 Subsection 4(1)
Insert:
national strategy has the same meaning as in the
Agreement.
8 Subsection 4(1) (definition of
Statement)
Omit “(a copy of which is set out in the Schedule)”.
9 Subsection 4(1) (definition of State
training profile)
Repeal the definition.
10 Subsection 4(2)
Omit “Statement”, substitute “Agreement”.
11 Paragraph 6(1)(a)
Omit “Statement”, substitute “Agreement”.
12 Paragraph 6(2)(a)
Omit “draft national strategic plans”, substitute “a
draft national strategy”.
13 Paragraph 6(2)(e)
Omit “State training profiles for submission by the Authority to the
Council in accordance with the Statement”, substitute “State annual
VET plans for submission by the Authority to the Council in accordance with the
Agreement”.
14 Subsection 6(4)
Omit “Statement”, substitute “Agreement”.
15 Subsection 14(1)
Omit “(5)”, substitute “(3)”.
16 Subsections 14(3), (4) and
(5)
Repeal the subsections, substitute:
(3) No amount is to be paid by the Authority to a State under subsection
(1) for expenditure other than expenditure on national programs or national
projects unless the State annual VET plan for that year has been approved by the
Ministerial Council.
17 At the end of Part 5
Add:
The Authority is not liable to pay tax under any law of a
State.
18 Saving
(1) Any declaration, determination, requirement, guideline, nomination,
recommendation or appointment made, any direction, consent or approval given, or
any other thing done, by the Ministerial Council or by the Chairperson of that
Council under the Australian National Training Authority Act 1992 that
had effect for the purposes of that Act immediately before the commencement of
this section has the corresponding effect for the purposes of that Act as
amended by this Act as if it had been made, given or done by the Ministerial
Council or the Chairperson of the Ministerial Council under that Act as so
amended.
(2) Any recommendation, advice, report or submission made or given to, or
any other thing done in relation to, the Ministerial Council, under the
Australian National Training Authority Act 1992 that had effect for the
purposes of that Act immediately before the commencement of this section has the
corresponding effect for the purposes of that Act as amended by this Act as if
it had been made or given to, or done in relation to, the Ministerial Council
under that Act as so amended.
19 Schedule
Repeal the Schedule, substitute:
This Agreement between the Commonwealth, State and Territory Ministers
responsible for vocational education and training applies in respect of the
years 1998 to 2000 inclusive.
PURPOSE
1. Vocational
education and training is integral to the development of an Australian workforce
with the range and depth of skills necessary to increase the productivity and
competitiveness of Australian industry.
2. The purpose of this Agreement
is to create the basis for a joint partnership between governments and with
industry through the development and refinement of a national vocational
education and training (VET) system which will:
i. build a leadership
role for industry in national VET decision-making, planning and advisory
processes;
ii. enhance the national recognition framework through
national co-operative action;
iii. achieve the development of a skilled
Australian community, including by working with the school sector to expand
vocational education and training opportunities in schools and working with the
higher education sector to improve pathways, and expanding apprenticeship and
traineeship opportunities;
iv. increase opportunities and employment
outcomes for individuals;
v. define national priorities and outcomes to
guide State and Territory directions in the delivery of
VET;
vi. encourage the development of an effective and competitive
training market including through an appropriate framework for competency
standards, recognition and qualifications;
vii. encourage a training
culture in Australian enterprises and throughout the Australian community;
and
viii. improve the efficiency of the provision of VET around
Australia.
3. The underpinning principles to a national approach to VET
are:
i. a spirit of co-operation and a commitment to partnership at a
national level by States, Territory and Commonwealth Governments working closely
with industry as a key stakeholder;
ii. a key role for industry in
providing leadership and advice, particularly in relation to the ongoing
development of the National Training Framework;
iii. a recognition of
the individual needs and characteristics of States and Territories within the
context of the need for a national approach to VET;
iv. promotion of
clear, nationally shared objectives and goals for VET;
v. clearly
defined and complementary roles and responsibilities for all stakeholders;
and
vi. transparent and accountable funding arrangements and
relationships which reflect the principle of achieving growth through
efficiencies.
KEY OBJECTIVES
4. The key objectives
of a national system for VET are:
i. to equip Australians effectively
for the world of work;
ii. to enhance mobility in the labour
market;
iii to overcome the skill development and recognition problems for
target groups;
iv. to provide maximum value for public expenditure;
and
v. to increase investment in training by industry.
ROLES
AND RESPONSIBILITIES
5. Noting the need to implement arrangements
to avoid duplication and overlap, the following roles and responsibilities are
agreed.
ANTA Ministerial Council
6. The Australian National
Training Authority (ANTA) Ministerial Council (MINCO) will be the peak national
decision making body for vocational education and training. MINCO will maintain
a full national co-operative agenda and process.
7. The Council will
consist of the Ministers from each State and Territory and the Commonwealth
responsible for VET and will be chaired by the Commonwealth.
8. Each
State and Territory will have one vote and the Commonwealth will have two votes
and a casting vote. All matters will be decided by a simple
majority.
9. The functions of the Ministerial Council will include
overseeing ANTA and decision making on national strategic policy and planning,
including funding, and national objectives and priorities. Other functions of
MINCO will include:
a) agreeing on necessary Commonwealth and
State/Territory legislation establishing ANTA and defining the relationship
between ANTA, the Ministerial Council and State training
agencies;
b) deciding on the appointment of members of the ANTA Board and
their removal;
c) deciding on the appointment of the chairperson and deputy
chairperson of the ANTA Board;
d) endorsing an annual plan for ANTA, which
includes planning for efficiencies, work priorities and its proposed
expenditure;
e) determining national objectives and priorities for vocational
education and training;
f) determining the National Strategy based on advice
from ANTA, consistent with agreed national objectives and
priorities;
g) determining, in the context of the National Strategy, the
principles to be applied for the allocation of funding between
States/Territories and for any national programs;
h) identifying and planning
for future growth requirements, including demographic growth, and requirements
arising from major changes in factors affecting demand;
i) agreeing planning
arrangements for the delivery of vocational education and training
nationally;
j) ensuring that ANTA operates in an effective and efficient
manner;
k) resolving any dispute between ANTA and a State/Territory training
agency or any other issue raised by a Minister;
l) giving references to ANTA
on other issues of training policy;
m) being accountable to the Commonwealth
Parliament for the operation of ANTA and the expenditure of Commonwealth funds;
and
n) approving the Annual National Report.
Australian National
Training Authority (ANTA)
10. The ANTA Board will support MINCO in
all of its functions and will have the capacity to give effect to industry-led
arrangements with a strategic focus to develop and recommend on national
policies and strategies, and will exercise the following core
roles:
a) development of a draft National Strategy for
MINCO;
b) provision of advice to MINCO on annual VET Plans;
c) provision
of advice to MINCO, in the context of the National Strategy, of the principles
to be applied in the allocation of funding between States/Territories and the
release of Commonwealth funds;
d) provision of information and advice to
MINCO to assist MINCO to identify and plan for future growth requirements,
including demographic growth, and requirements arising from major changes in
factors affecting demand;
e) development, management and promotion of the
national aspects of the national training framework for training
recognition;
f) policy review, evaluation and research on national priorities
agreed by Ministers from time to time (ensuring that descriptions of all
research documents are circulated promptly and simultaneously to all MINCO
members);
g) advising MINCO on the development of key performance measures
and reporting objectives;
h) ensuring agreed national data are
generated;
i) co-ordinating major national initiatives agreed by Ministers
from time to time;
j) with the agreement of the Commonwealth and
States/Territories, facilitating co-operation between State/Territory systems
and, where appropriate, the Commonwealth on specific matters agreed from time to
time; and
k) administration of arrangements for payment of Commonwealth funds
to the States and Territories.
11. In discharging its core roles ANTA
will consult extensively with relevant stakeholders, and work closely with
State/Territory training authorities.
12. The Chair of the ANTA Board
will be the principal point of contact between the ANTA Board and members of
MINCO.
13. The Board will act as an advocate for encouraging industry
investment and involvement in training.
14. Appointment of members to the
Board will be determined by MINCO. The composition of the Board will include one
large State and one small State/Territory training agency industry
representative. The structure of the Board will be reviewed by MINCO at the end
of 1998.
15. The ANTA Board will be the accountable authority for its
staff and resources and be responsible to MINCO.
State/Territory
Training Agencies
16. The principal role of State/Territory training
agencies will be to address, within the national framework, training needs and
priorities of industry and the community within their State/Territory. In
addition to their State/Territory based roles and responsibilities,
State/Territory training agencies will be committed to and actively involved in
the national VET system through:
a) providing advice to their respective
Ministers on significant aspects of the national VET system;
b) participating
in the processes for the formulation of national strategic policy, national
planning and national objectives and priorities;
c) implementing agreed
national priorities and initiatives within the context of State/Territory needs
and priorities;
d) administering the national training framework within the
State/Territory;
e) consulting with and supporting industry networks at the
State/Territory level; and
f) providing advice to the Minister on resource
allocation at the State/Territory level and ensuring the effective operation of
the training market within the State/Territory.
Commonwealth Agency
Responsible for VET
17. The Commonwealth department responsible for
vocational education and training will have the following role in the national
VET system:
a) ensuring that VET is responsive to emerging national
economic and social priorities including linkages between skill formation and
migration policy and administration;
b) providing advice to Commonwealth
Ministers on all aspects of the national VET system;
c) participation in the
processes for the formulation of national strategic policy, national planning
and national objectives and priorities;
d) administering arrangements for
accountability to the Commonwealth Parliament on Commonwealth VET
expenditures;
e) advising the Commonwealth Government on determining the
global level of Commonwealth resources for the VET sector;
f) management of
Australia’s bilateral relationships with counterpart Governmental
agencies, and of Australia’s participation in relevant international
organisations;
g) facilitation, with the States/Territories, of co-operation
between education and training providers in international
marketing;
h) co-ordinating training aspects of labour market programs within
the national VET system planning processes; and
i) encouraging clear and
improved pathways between educational sectors by the provision of advice on
linkages between schools, VET and higher education.
PLANNING AND
ACCOUNTABILITY ARRANGEMENTS
18. The planning and accountability
arrangements for the national VET system will include the
following:
National Strategy
19. The National Strategy will
be a medium term strategic document which focuses on the operation of the
national training framework, national objectives, policies, priorities and
initiatives. The Strategy will also identify agreed key performance measures for
the system.
20. A draft Strategy will be developed by ANTA in
consultation with all stakeholders for consideration and approval by
MINCO.
Annual National Priorities
21. A national priorities
document will be prepared which provides an annual statement of agreed national
priorities based on the National Strategy. This document will identify agreed
national priorities for VET together with agreed
outputs/outcomes.
22. The priorities document will be developed by ANTA,
in consultation with the Commonwealth, States/Territories and key industry
parties, for consideration and approval by MINCO.
State/Territory
Planning Arrangements, within the National Response to Annual National
Priorities and National Strategy
23. Within the national planning
arrangements the content of State/Territory VET planning documents will be a
matter for each individual State/Territory to determine. There will, however, be
a requirement for States/Territories to respond to the agreed Annual National
Priorities and to report on progress against the National
Strategy.
24. Each State/Territory will provide an Annual VET Plan for
MINCO.
25. Each Annual VET Plan will include the State/Territory’s
response to the Annual National Priorities and a report of progress against the
National Strategy. It will also include an activity table which shows the
distribution of VET activity to be achieved annually by industry and level of
training. The Annual VET Plan will include an agreed use of Australian
Vocational Education and Training Management Information and Statistical
Standards (AVETMISS).
26. State/Territory Annual VET Plans will be
considered and agreed by MINCO, acting with the advice of the ANTA
Board.
Annual National Report
27. The Annual National
Report will provide the basis for reporting against the National Strategy and
national priorities, including against the agreed key performance
measures.
28. The report will be the mechanism for reporting to the
Commonwealth Parliament on the operation of the national VET
system.
FUNDING
29. The Commonwealth and the
States/Territories will continue to provide funding stability for the national
VET system and growth will be achieved through efficiencies. To this end the
Commonwealth will maintain current levels of funding in real terms for the
duration of this Agreement and States/Territories agree to maintain outputs or
outcomes, to be measured on a basis agreed by the Ministerial Council, over the
life of the Agreement.
30. The Commonwealth’s commitment to
maintain current levels of funding in real terms applies to the funding
appropriated under the Vocational Education and Training Funding Act 1992 in
respect of 1998, amounting to $890.585 million.
31. ANTA MINCO will, on
the basis of advice from ANTA in consultation with States/Territories and the
Commonwealth, identify efficiencies to assist in releasing funds for growth and
system enhancements. Each State/Territory will negotiate bilaterally with ANTA
on the scope for growth recognising the capacity for efficiencies within
individual States/Territories in the short and medium term and relative cost
structures. MINCO will agree the process and guidelines for these bilateral
discussions and will agree the outcomes of the
discussions.
32. Commonwealth funds will be released on the advice of
MINCO following MINCO consideration of and agreement to the State/Territory
Annual VET Plans.
1 Section 9 (table)
Omit:
|
1998 |
$869,039,000 |
|
1999 |
$869,039,000 |
substitute:
|
1998 |
$904,144,000 |
|
1999 |
$904,144,000 |
2 Section 9A (table)
Omit:
|
1998 |
$21,546,000 |
|
1999 |
$21,546,000 |