Free TAFE Act 2025

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

support the delivery of at least 100,000 FT places across Australia each year; and

acknowledge that TAFE and other public training institutions are key pillars of the VET sector; and

acknowledge the importance of shared stewardship, by the Commonwealth and the States, of the national VET system; and

remove financial barriers to education and training, including for people experiencing economic disadvantage; and

support education and training in areas of high workforce demand, with emerging skills needs or that are otherwise a national or State priority.

An FT place may not be free of all fees. The fees covered will depend on the terms and conditions of the relevant FT agreement.

This section applies to a State if the State is a party to an FT agreement.

The Commonwealth is to make a grant of financial assistance under section 16 of the Federal Financial Relations Act 2009 for the purpose of making payments to the State in accordance with the FT agreement.

Under section 16 of the Federal Financial Relations Act 2009, grants of financial assistance can be made to a State to support the delivery by the State of specified outputs or projects.

The financial assistance is payable to the State on condition that the financial assistance is spent in accordance with the FT agreement.

The financial assistance payable to the State is subject to such additional terms and conditions (if any) as are set out in the FT agreement.

Except as provided by subsections (2) to (4), nothing in this section is intended to limit the operation of the Federal Financial Relations Act 2009.

is entered into, and in force, between the Commonwealth and one or more States; and

sets out the terms and conditions on which financial assistance is to be provided to the States for the purpose of the delivery of FT places; and

relates to the delivery of FT places during the calendar year starting on 1 January 2027, or a later calendar year; and

is expressed to be an FT agreement for the purposes of this Act.

Without limiting paragraph 7(b), the terms and conditions of an FT agreement with a State must deal with the following matters:

the period of the FT agreement;

the areas of study, or the industries, that are a national or State priority for FT places to be offered in;

the number of FT places that are to be offered in the State;

the calendar year, or years, during which the FT places are to be offered;

the groups that are to be prioritised for access to the FT places;

the amount of financial assistance that is to be provided to the State and a schedule of payments;

performance milestones;

the proportion of the financial assistance that is to be provided to:

TAFE institutions; and

other VET providers;

the VET providers, or classes of VET providers, eligible to receive funding for the FT places;

arrangements for reviewing and evaluating the agreement;

a process for varying the agreement;

a requirement for the State to provide the Commonwealth with information about:

the total amount of funding provided for FT places in the State; and

the amount of funding provided by the Commonwealth for the FT places in the State; and

the courses in which the FT places are being offered; and

the number of persons enrolled in an FT place in those courses; and

of the persons enrolled in an FT place in those courses—the number of persons who completed the course; and

if the agreement identifies groups that are to be prioritised for access to the FT places—the number of persons enrolled in an FT place who are in an identified group;

requirements relating to the form, manner and period within which the information mentioned in paragraph (l) is to be provided.

An FT agreement is not invalid merely because it does not deal with one or more of the matters mentioned in paragraphs (1)(a) to (k).

The Minister must consult the Ministerial Council if the Minister proposes to introduce a Bill for an Act that amends this Act into a House of the Parliament.

If the Minister introduces a Bill for an Act that amends this Act into a House of the Parliament, the Minister must also table in that House a report setting out what consultation has taken place.

The Minister may, by legislative instrument, make rules prescribing matters:

required or permitted by this Act to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

To avoid doubt, the rules may not do the following:

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.