s 1Short title
This Act may be cited as the Student Identifiers Act 2014.
This Act may be cited as the Student Identifiers Act 2014.
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.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 25 June 2014 |
2. Sections 3 to 52 | A day or days to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 27 June 2014 (see F2014L00834) |
3. Section 53 | 1 January 2015. | 1 January 2015 |
4. Sections 54 to 57 | A day or days to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 27 June 2014 (see F2014L00834) |
This table relates only to the provisions of this Act as originally enacted.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.
Generally, a registered training organisation must not issue a VET qualification or VET statement of attainment to an individual after 2014 unless the individual has a student identifier.
Generally, a registered higher education provider must not confer a regulated higher education award on an individual after 2022 unless the individual has been assigned a student identifier.
The Student Identifiers Registrar must assign a student identifier or a schools identifier to an individual on application. A schools identifier cannot be used as a student identifier until it is validated by the Registrar.
On request by an individual or by certain entities, the Registrar may verify that an identifier is the individual’s student identifier or schools identifier, or give the individual’s student identifier or schools identifier.
The Registrar may also, on request by certain entities, give information (called school identity management information) about a school student to the entity, or verify any such information held by the entity.
Records of student identifiers, schools identifiers and school identity management information (together called protected information) must be protected from misuse. Collection, use and disclosure of an individual’s protected information without the individual’s consent is prohibited, unless it is authorised by this Act. The Information Commissioner may deal with a breach of these rules as an interference with privacy under the Privacy Act 1988.
On request, the Registrar may give all or part of an authenticated VET transcript of an individual who has a student identifier to the individual or a registered training organisation, VET‑related body or other entity. However, access by such an organisation, body or entity is subject to access controls set by the individual.
There are civil penalty provisions for certain conduct relating to:
applying for student identifiers; or
altering an authenticated VET transcript or an extract from such a transcript; or
making a document purporting to be an authenticated VET transcript or an extract from such a transcript.
Those civil penalty provisions are enforceable under the Regulatory Powers Act. Infringement notices may be given under that Act for contraventions of those civil penalty provisions.
In this Act:
access controls has the meaning given by paragraph 32(1)(f).
Account means the Student Identifiers Special Account established by section 48.
alternative schooling arrangement means a schooling arrangement that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at, or attend, a school.
approved authority for a school has the same meaning as in the Australian Education Act 2013.
authenticated VET transcript of an individual means a document prepared by the Registrar that sets out information:
that relates to the VET undertaken by the individual; and
that is prescribed by the regulations.
authorised officer of the ESOS agency for a registered provider has the same meaning as in the Education Services for Overseas Students Act 2000.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Commonwealth Minister means the Minister administering this Act.
corresponding law of a State or Territory means a law of a State or Territory that corresponds with Division 5 of Part 2 and the regulations made under section 22.
Education Department means the Department administered by the Education Minister.
Education Minister means the Minister who administers the Tertiary Education Quality and Standards Agency Act 2011.
Education Ministerial Council means:
if there is a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to school education and higher education—that body; or
otherwise—a body prescribed by the regulations.
entity means:
a person; or
a partnership; or
any other unincorporated association or body; or
a trust.
ESOS agency for a provider or registered provider has the same meaning as in the Education Services for Overseas Students Act 2000.
Higher Education Tuition Protection Director has the same meaning as in the Higher Education Support Act 2003.
identifier means a unique combination of any or all of the following:
letters;
numbers;
symbols.
member of the staff of TEQSA has the same meaning as in the Tertiary Education Quality and Standards Agency Act 2011.
Ministerial Council means:
if there is a body established by the Council of Australian Governments to deal with training and skills—that body; or
otherwise—a body prescribed by the regulations.
misconduct includes fraud, negligence, default, breach of trust, breach of duty, breach of discipline or any other misconduct in the course of duty.
personal information has the same meaning as in the Privacy Act 1988.
prescribed public body of a State or Territory means a public body of a State or Territory prescribed by the regulations.
protected information of an individual means:
a student identifier of the individual; or
a schools identifier of the individual; or
the individual’s school identity management information.
public body of a State or Territory means:
the Crown in right of the State or Territory; or
a State or Territory authority (within the meaning of the Privacy Act 1988) of that State or Territory; or
the head (however described) of a Department of State of the State or Territory; or
the Parliament of the State or the legislature of the Territory; or
a member of the Parliament of the State or of the legislature of the Territory.
registered higher education provider has the same meaning as in the Tertiary Education Quality and Standards Agency Act 2011.
registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
Registrar means the Student Identifiers Registrar.
regulated higher education award has the same meaning as in the Tertiary Education Quality and Standards Agency Act 2011.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
school means a school, college or other educational institution that provides primary or secondary level education.
school identity management information, in relation to an individual, has the meaning prescribed by the regulations.
schools identifier means an identifier assigned to an individual by the Registrar under section 13B.
student identifier means:
an identifier assigned to an individual by the Registrar under section 10 or paragraph 12(1)(b) or 13E(1)(c); or
a schools identifier of an individual validated by the Registrar under section 13D.
TEQSA Commissioner means a Commissioner of the Tertiary Education Quality and Standards Agency.
Tertiary Admission Centre has the same meaning as in the Tertiary Education Quality and Standards Agency Act 2011.
TPS Director means the person holding office as the TPS Director under the Education Services for Overseas Students Act 2000.
TPS officer has the same meaning as in the Education Services for Overseas Students Act 2000.
VET means vocational education and training.
VET admission body means an entity specified in an instrument under subsection (2).
VET‑related body means:
a Department of the Commonwealth, or a Department of a State or Territory, that deals with matters relating to VET (including the funding of VET); or
a body (whether incorporated or not) established by or under a law of the Commonwealth, a State or a Territory that performs functions relating to VET (including the funding of VET); or
a VET Regulator (within the meaning of the National Vocational Education and Training Regulator Act 2011); or
an entity specified in an instrument under subsection (3).
VSL Tuition Protection Director has the same meaning as in the VET Student Loans Act 2016.
The Registrar may, by legislative instrument, specify an entity for the purposes of the definition of VET admission body in subsection (1).
For specification by class, see subsection 13(3) of the Legislation Act 2003.
The Registrar may, by legislative instrument, specify an entity for the purposes of paragraph (d) of the definition of VET‑related body in subsection (1).
For specification by class, see subsection 13(3) of the Legislation Act 2003.
This Act binds the Crown in each of its capacities.
This Act extends to every external Territory.
This Act extends to acts, omissions, matters and things outside Australia.
The Student Identifiers Registrar must assign a student identifier to an individual on application by or on behalf of the individual if the Registrar is satisfied of the individual’s identity and that the individual does not already have a student identifier or schools identifier.
Generally, anyone who collects personal information about an individual to apply for a student identifier for the individual must destroy the information as soon as practicable after it is no longer needed for that purpose.
The Registrar must assign a schools identifier to an individual, on application on behalf of the individual, if the individual does not already have a student identifier or schools identifier. A schools identifier cannot be used as a student identifier until it is validated by the Registrar.
An individual may apply to the Registrar for a schools identifier to be validated. The Registrar must validate the schools identifier if the individual’s identity has been verified, the identifier is the individual’s schools identifier, and the individual does not already have a student identifier.
On request by an individual or by certain entities, including entities involved with vocational education and training, higher education or school education, the Registrar may verify that an identifier is the individual’s student identifier or schools identifier, or give the individual’s student identifier or schools identifier.
The Registrar may also, on request by certain entities including entities involved with school education in a State or Territory, give information (called school identity management information) about a school student in that State or Territory to the entity, or verify any such information held by the entity.
Anyone (including the Registrar) who keeps a record of student identifiers, schools identifiers or school identity management information (together called protected information) must protect it from misuse and unauthorised access and disclosure.
Collection, use and disclosure of an individual’s protected information without the individual’s consent is prohibited, unless it is authorised. This Part authorises collection, use and disclosure by the Registrar for certain purposes or by others to deal with unlawful acts or to help law enforcement.
The Information Commissioner may deal with breaches of the rules about destroying personal information, protecting records of protected information and unauthorised collection, use and disclosure of protected information as interferences with privacy under the Privacy Act 1988.
An individual may apply to the Registrar for a student identifier to be assigned to the individual.
The following entities may apply to the Registrar for a student identifier to be assigned to an individual if authorised by the individual to make an application under this section:
a registered training organisation;
a VET admission body;
a registered higher education provider;
a Tertiary Admission Centre;
another entity.
The application must:
be made in a manner and form approved by the Registrar; and
include any information required by the Registrar.
If the Registrar is satisfied that the individual has already been assigned a schools identifier, the application is taken to be an application under section 13C for the schools identifier to be validated.
If an application is made under section 9 in relation to an individual, the Registrar must assign a student identifier to the individual if the Registrar is satisfied that:
the identity of the individual has been appropriately verified; and
the individual has not already been assigned a student identifier or schools identifier.
The Registrar must give written notice of the Registrar’s decision on the application to:
the applicant; and
if the applicant is not the individual—the individual.
If the Registrar assigns a student identifier to the individual, the notice given under subsection (2) must:
set out the identifier; and
if the notice is given to the individual—explain the purposes and uses of the identifier.
If the Registrar refuses to assign a student identifier to the individual, the notice given under subsection (2) must set out the reasons for the refusal.
If:
an entity is authorised by an individual to make an application under section 9; and
the entity collects personal information about the individual for the purpose of making the application; and
some or all of the personal information is collected solely for the purpose of making the application;
the entity must destroy the personal information collected solely for that purpose as soon as practicable after the application is made or it is no longer needed for that purpose.
Subsection (1) does not apply if the entity is required by or under any law to retain the information.
A contravention of this section is taken to be an interference with the privacy of an individual for the purposes of the Privacy Act 1988 (see section 23 of this Act).
The Registrar may do any of the following in order to resolve a problem that has occurred in relation to the assignment of one or more student identifiers to one or more individuals:
revoke one or more of those student identifiers;
assign a new student identifier to one or more of those individuals;
assign a schools identifier to one or more of those individuals.
If the Registrar does a thing mentioned in subsection (1) in relation to an individual, the Registrar must give written notice of the Registrar’s decision to:
the individual; and
a VET‑related body of a kind referred to in paragraph (a) of the definition of that expression in subsection 4(1); and
the Secretary of, or an APS employee in, the Education Department; and
any entity that has made an application under section 13A for a schools identifier to be assigned to the individual; and
any other entity that the Registrar considers appropriate in the circumstances.
However, the Registrar is not required to give the notice under subsection (2) to the individual if:
the Registrar’s decision is to:
revoke a student identifier of the individual; or
assign a schools identifier to the individual; and
the Registrar is satisfied that an entity covered by paragraph (2)(bb) will notify the individual of:
the Registrar’s decision; and
if the decision is to revoke a student identifier of the individual—the revoked identifier; and
if the decision is to assign a schools identifier to the individual—the schools identifier.
The notice given under subsection (2) must set out:
if a student identifier of the individual has been revoked—the revoked identifier; and
if a new student identifier or a schools identifier has been assigned to the individual—that identifier.
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