Legislation

Relevant Legislation

This RTO identifies and complies with relevant Commonwealth, State and Territory legislative and regulatory requirements including the following:
Disability Service Act 1993
Racial Discrimination Act 1975
Sex Discrimination Act 1984
Equal Employment Opportunity (Commonwealth Authorities) Act 1987
Workplace Gender Equality Act 2012
Long Service Leave Act 1955 No38 (NSW)
Workers Compensation Act 1987 No70 (NSW)
Superannuation Act 2005
Child Protection (Working with Children) Act 2012 No51 (NSW)
Children and Young Persons (Care and Protection) Act 1998 No157
Copyright Act 1968
National Vocational Education and Training Regulator Act 2011
Education Services for Overseas Students Act 2000
Education Services for Overseas Students Act 2000 – National Code 2007 (7 March 2007)
Privacy Act 1988
Freedom of Information Act 1982
Anti-Discrimination Act 1977 No48 (NSW)
Work Health and Safety Act 2011

Staff are made aware of legislative requirements through the induction process.

Act Stated Purpose Applicability
National Vocational Education and Training Regulator Act 2011 No 12, 2011 The objects of this Act are as follows:

(a)  to establish a registration and accreditation framework for vocational education and training, in particular by applying nationally agreed standards,

(b)  to ensure the quality and integrity of vocational education and training in this State,

(c)  to provide for the approval by the Board of persons (other than official universities) to provide courses for overseas students (such approval forming the basis for registration under the Education Services for Overseas Students Act 2000 of the Commonwealth),

(d)  to promote consistency of standards in vocational education and training,

(e)  to encourage the recognition of vocational courses that are accredited under this Act

The Act is relevant as it provides information about the legal framework from which registered vocational training in Australia must be conducted. It is important that all staff are aware of their responsibilities under this act.

ASQA will undertake its role by assessing relevant RTOs against the condition of registration found in the new national legislation. One of the core conditions of registrations is that relevant RTOs comply with the requirements set out in the new VET Quality Framework. The Vet Quality Framework comprises;

The Standards for National VET Regulator RTOs

The Fit and Propoer Person Requirements

The Financial Viability Risk Assessment Requirements

The Data Provision Requirements, and

The Australian Qualifications Framework

Education Services for Overseas Students Act 2000

 

The Education Services for Overseas Students (ESOS) Act 2000 and associated legislation is the legal framework governing the responsibility of education institutions towards overseas students.

 

All staff need to be aware of how this act regulates their work and their reporting responsibilities under it, as the majority of our students are covered by it.
National Code of Practice for Registration Authorities and Providers of Education and Training Overseas Students 2007 The National Code’s purpose is to provide nationally consistent standards for CRICOS registration and for the conduct of CRICOS-registered providers.

The National Code applies to all registered providers of education and training services to students from overseas who come to Australia to study on a student visa. These providers are required to be registered on CRICOS.

The Authority in each State will apply the National Code in their role of approving providers and courses to be entered on CRICOS. The National Code complements existing national quality assurance frameworks in education and training where appropriate, including the Australian Recognition Framework (for registered vocational education and training providers and the National Protocols for Higher Education Approval Processes.

All staff need to understand how the national code applies in their area of operation and their responsibilities under it.
Privacy Act 1988 (Cth) An Act to make provision to protect the privacy of individuals, and for related purposes Any people have the right of their personal information to be kept confidential.

Covers what information you are allowed to keep on clients (including notes), who is able to access the files, how they can be accessed and what steps you must take to keep the records secure.

Freedom of Information Act 1982  

(1)  The objects of this Act are to give the Australian community access to information held by the Government of the Commonwealth or the Government of Norfolk Island, by:

(a)  requiring agencies to publish the information; and

(b)  providing for a right of access to documents.

(2)  The Parliament intends, by these objects, to promote Australia’s representative democracy by contributing towards the following:

(a)  increasing public participation in Government processes, with a view to promoting better‑informed decision‑making;

(b)  increasing scrutiny, discussion, comment and review of the Government’s activities.

(3)  The Parliament also intends, by these objects, to increase recognition that information held by the Government is to be managed for public purposes, and is a national resource.

(4) The Parliament also intends that functions and powers given by this Act are to be performed and exercised, as far as possible, to facilitate and promote public access to information, promptly and at the lowest reasonable cost.

 

Relates to how much information must be provided to, and how to access information from:

Centrelink

Department of Housing

Any other government department

 

Useful in helping young people to access these services and avoid being penalized.

Anti-Discrimination Act 1977 No48 (NSW) An Act to promote equality of opportunity for everyone by protecting them from unfair discrimination in certain areas of activity and from sexual harassment and certain associated objectionable conduct. Defines how discrimination may occur.

Is useful in making sure that our provision of service is not (subtly or overtly) discriminating against anyone.

Work Health and Safety Act 2011 (1.)The main object of this Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces by:

(a)  protecting workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work; and

(b)  providing for fair and effective workplace representation, consultation, co-operation and issue resolution in relation to work health and safety; and

(c)  encouraging unions and employer organisations to take a constructive role in promoting improvements in work health and safety practices, and assisting persons conducting businesses or undertakings and workers to achieve a healthier and safer working environment; and

(d)  promoting the provision of advice, information, education and training in relation to work health and safety; and

(e)  securing compliance with this Act through effective and appropriate compliance and enforcement measures; and

(f)  ensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act; and

(g)  providing a framework for continuous improvement and progressively higher standards of work health and safety; and

(h)  maintaining and strengthening the national harmonisation of laws relating to work health and safety and to facilitate a consistent national approach to work health and safety in this jurisdiction.

(2.) In furthering subsection (1)(a), regard must be had to the principle that workers and other persons should be given the highest level of protection against harm to their health, safety and welfare from hazards and risks arising from work as is reasonably practicable.

Useful because it outlines the regulations around working safely in environments that could be potentially unsafe. Examples of the act being implemented could include:

The setup and operation of training environments and activities.

Safely performing first aid

Dealing with stress

Dealing with violent situations

Safe disposal of hazardous materials (such as needles and syringes)

Changes to Legislation

Changes of legislation are advised to staff by the Executive Vice President via email communication.