Purpose:

The Vocational Education and Training Act 1996 establishes a comprehensive vocational education and training system for Western Australia, aiming to meet industry and community needs, regulate training providers and courses, and facilitate training under contracts.

Objectives:

• To establish a State training system for the effective and efficient provision of vocational education and training to meet the immediate and future needs of industry and the community.
• To provide for the registration of some providers of vocational education and training and the accreditation of some vocational education and training courses.
• To provide a means by which the State is able to meet its obligations under national arrangements relating to vocational education and training.
• To promote equality of opportunity to undertake vocational education and training.
• To provide for research and development for the purposes of vocational education and training.
• To allow for the operation of an open and competitive training market in this State.
• To provide for people, such as apprentices, to be trained for some occupations under training contracts with employers.

Key Provisions:

• Establishment and governance of the VET (WA) Ministerial Corporation for coordinating the State vocational education and training system.
• Functions and powers of the Minister, including control, direction, and coordination of the State training system, promotion of a competitive training market, and engagement in commercial activities.
• Establishment and functions of the State Training Board to advise the Minister, draft State Training Plans, and oversee review panels for appeals.
• Establishment and functions of the Training Accreditation Council, including registration of training providers, accreditation of VET courses, and inquiries into providers and courses.
• Provisions for the establishment, constitution, functions, and financial management of vocational education and training colleges, including requirements for strategic and annual business plans.
• Regulation of the provision of vocational education and training, outlining offences related to unregistered provision or conferring of qualifications.
• Rules for obtaining prescribed and approved VET qualifications, including the classification of qualifications (Class A, B, C) and detailed requirements for training contracts (apprenticeships).
• Enforcement matters, including the appointment and powers of VET inspectors to investigate training providers and contracts, and powers of entry, inspection, and record seizure.

Evidence of Compliance Requirements For Agricultural Organisations:

• Registration as a Training Provider: Agricultural organisations intending to provide approved VET courses or confer approved/prescribed VET qualifications must be registered training providers with the Training Accreditation Council. Evidence needed: proof of registration with the Council, adherence to any conditions of registration decided by the Council. (s. 58A(1)(a), (3)(a), 58B(a))
• Adherence to Registration/Accreditation Conditions: If registered, the organisation must ensure it is permitted to provide specific courses or confer qualifications by the conditions of its registration, accreditation, or any order of the Council. (s. 58A(1)(b), (3)(b))
• Accreditation of Courses: Any VET course offered by the organisation must be an “approved VET course,” meaning it is accredited by the Council or under a corresponding law, or prescribed by regulations. (s. 58A(1)©, 5(1) definition of “approved VET course”)
• Accurate Claims of Status: Organisations must not claim or purport to be a registered training provider if they are not, or if the Council has ordered them not to operate in Western Australia. (s. 58A(5))
• Provision of Information to Council: Registered training providers and those holding VET course accreditation are required to provide information to the Council, including during periods of suspended registration or accreditation. (s. 58(k))
• Record-Keeping for Training Providers: Registered training providers must keep records relevant to vocational education and training. (s. 58(l))
• Records upon Cessation of Registration: If an agricultural organisation ceases to be a registered training provider, it must provide the Council with records of:
  • Courses provided (in whole or part) and the individuals to whom these courses were provided.
  • Qualifications conferred and the individuals on whom these qualifications were conferred, prior to cessation. (s. 58(m))
• Payment of Prescribed Fees: Organisations must pay prescribed fees for applications to the Council, for their status as registered training providers or accredited course holders (even if suspended), and for any inquiries the Council conducts under section 58D. (s. 58(n))
• Compliance with Training Contract Requirements (for Employers): Agricultural organisations acting as employers must ensure that any training contract entered into with an employee for obtaining a prescribed VET qualification is for a Class A or Class B qualification. (s. 60D(2))
• Formal Training Contracts: Training an employee for a Class A or Class B qualification must be undertaken solely under a formal training contract. (s. 60D(3))
• Lodgement of Training Contracts: Employers must lodge any training contract with the chief executive for registration in accordance with the regulations. Non-compliance may incur a fine of $3,000. (s. 60F(2))
• Termination of Training Contracts: If the probation period of a training contract has expired, an employer cannot terminate the contract without the apprentice’s consent or the chief executive’s approval. Unlawful termination may incur a fine of $10,000. Approval from the chief executive is required under specific conditions (e.g., business cessation, substantial change of circumstances, serious misconduct by apprentice). (s. 60G(2), (3))
• Compliance with VET Inspector Directions: Organisations must obey written directions from a VET inspector to produce specified records in their possession. Non-compliance may incur a fine of $5,000. (s. 61B(2))
• Truthful Information Provision: Organisations must not provide false or misleading information to a VET inspector. Non-compliance may incur a fine of $5,000. (s. 61B(3))
• Cooperation during Warrant-based Inspections: If an entry warrant is executed, organisations must obey directions from a VET inspector to do anything reasonable and necessary to facilitate the use of equipment, facilities, or services at the inspected place for reading, seizing, or copying records. Non-compliance may incur a fine of $5,000. (s. 61C(8))
• Strategic and Business Plan Compliance (for Colleges): Colleges must perform their functions in accordance with their strategic plan and annual business plan, as approved by the Minister. (s. 37(2), s. 55(b))
• Annual Reporting: The State Training Board and Training Accreditation Council must prepare and present an annual report on their operations to the Minister by 30 September each year for the period ending on the preceding 30 June. (s. 24(1), 30(1))
• Strategic Plan Submission: Colleges must give the Minister a draft strategic plan for the college by 1 September (or other notified date) for a prescribed period beginning on the following 1 January. (s. 43(1))
• Annual Business Plan Submission: Colleges must give the Minister a draft business plan for the college by 1 September (or other notified date) for the year beginning on the following 1 January. (s. 44A(1))
• Inspection and Audit: Colleges are subject to the Financial Management Act 2006 and Auditor General Act 2006 regarding financial administration, audit, and reporting. (s. 54(1)) The Council may inquire into training providers and VET courses. (s. 58D) VET inspectors are appointed to investigate registered training providers, suspected breaches of training contracts, and suspected contraventions of the Act, with powers of entry, inspection, and search. (s. 61A, 61B, 61C)

Metadata Keywords:

Vocational Education, Training, Apprenticeships, Western Australia, Legislation, Compliance, Training Providers, Accreditation, Regulation, Skills Development

Publication Information:

As at 11 Jul 2024, Official Version

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Fisheries, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.wa.gov.au/legislation/statutes.nsf/RedirectURL?OpenAgent&query=mrdoc_47549.pdf →