National Vocational Education and Training Regulator Amendment (Governance and Other Matters) Act 2020 (77 of 2020)

Schedule 1   Governance arrangements

Part 1   Main amendments

National Vocational Education and Training Regulator Act 2011

40   At the end of Division 1 of Part 7

Add:

Subdivision B - Appointment and terms and conditions of the National VET Regulator

162 Appointment

(1) The National VET Regulator is to be appointed by the Governor-General by written instrument, on a full-time basis.

Note: The National VET Regulator may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

(2) The National VET Regulator holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

(3) A person may only be appointed as the National VET Regulator if the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.

(4) However, a person who is, or has been at any time in the 2 years before an appointment is made, an executive officer of a registered training organisation is not eligible for appointment as the National VET Regulator.

163 Acting appointments

(1) The Minister may, by written instrument, appoint a person to act as the National VET Regulator:

(a) during a vacancy in the office of National VET Regulator (whether or not an appointment has previously been made to the office); or

(b) during any period, or during all periods, when the National VET Regulator:

(i) is absent from duty or from Australia; or

(ii) is, for any reason, unable to perform the duties of the office.

(2) A person is not eligible for appointment under subsection (1) unless the person is eligible for appointment as the National VET Regulator.

Note 1: For eligibility to be appointed as the National VET Regulator, see subsections 162(3) and(4).

Note 2: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.

164 Remuneration

(1) The National VET Regulator is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Regulator is to be paid the remuneration that is determined by the Minister.

(2) The National VET Regulator is to be paid the allowances that are prescribed by the regulations.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

165 Leave of absence

(1) The National VET Regulator has the recreation leave entitlements that are determined by the Remuneration Tribunal.

(2) The Minister may grant the National VET Regulator leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

166 Other paid work

The National VET Regulatormust not engage in paid work outside the duties of the National VET Regulator's office without the Minister's approval.

167 Other terms and conditions

The National VET Regulator holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister.

168 Resignation

(1) The National VET Regulator may resign the Regulator's appointment by giving the Governor-General a written resignation.

(2) The resignation takes effect on the day it is received by the Governor-General or, if a later day is specified in the resignation, on that later day.

169 Termination of appointment

(1) The Governor-General may terminate the appointment of the National VET Regulator:

(a) for misbehaviour; or

(b) if National VET Regulator is unable to perform the duties of the Regulator's office because of physical or mental incapacity.

(2) The Governor-General may terminate the appointment of the National VET Regulator if:

(a) the Regulator:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(iii) compounds with the Regulator's creditors; or

(iv) makes an assignment of the Regulator's remuneration for the benefit of the Regulator's creditors; or

(b) the Regulator is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

(c) the Regulator engages, except with the Minister's approval, in paid work outside the duties of the Regulator's office (see section 166); or

(d) the Regulator fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.

(3) The Minister must terminate the appointment of the National VET Regulator if the Regulator becomes an executive officer of a registered training organisation.

Subdivision C - Staff and consultants

170 Staff required to assist the National VET Regulator

(1) The staff required to assist the National VET Regulator in the performance of the Regulator's functions must be persons engaged under the Public Service Act 1999.

(2) For the purposes of the Public Service Act 1999:

(a) the National VET Regulator and the staff referred to in subsection (1) together constitute a Statutory Agency; and

(b) the National VET Regulator is the Head of that Statutory Agency.

171 Staff to be made available to the National VET Regulator

(1) The National VET Regulator may be assisted by:

(a) officers and employees of Agencies (within the meaning of the Public Service Act 1999), and of authorities of the Commonwealth, whose services are made available to the Regulator in connection with the performance of the Regulator's functions or the exercise of the Regulator's powers; and

(b) persons whose services are made available under arrangements made under subsection (2).

(2) The National VET Regulator may arrange with the appropriate State or Territory authority or officer of a State or Territory authority to make officers or employees available to the Regulator to perform services in connection with the performance of the Regulator's functions or the exercise of Regulator's powers.

(3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State or Territory with respect to the services of a person or persons to whom the arrangement relates.

(4) When performing services for the National VET Regulator under this section, a person is subject to the directions of the Regulator.

172 Consultants

(1) The National VET Regulator may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Regulator's functions.

(2) Consultants are to be engaged on the terms and conditions that the National VET Regulator determines in writing.

Subdivision D - Application of the finance law

173 Application of the finance law

For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

(a) the following group of persons is a listed entity:

(i) the National VET Regulator;

(ii) members of the staff of the Regulator;

(iii) consultants engaged under section 172; and

(b) the listed entity is to be known as the Australian Skills Quality Authority; and

(c) the National VET Regulator is the accountable authority of the listed entity; and

(d) the persons referred to in paragraph (a) are officials of the listed entity; and

(e) the purposes of the listed entity include the functions of the National VET Regulator referred to in section 157.

Note: The National VET Regulator may also be known as the Chief Executive Officer of the Australian Skills Quality Authority: see subsection 155(2).