Tasmanian Assessment, Standards and Certification Act 2003

Tasmanian Assessment, Standards and Certification Act 2003

This Act may be cited as the Tasmanian Assessment, Standards and Certification Act 2003.

This Act commences on a day to be proclaimed.

In this Act, unless the contrary intention appears – accredited course means an accredited senior secondary course, accredited higher education course or accredited other education course; accredited education program means an education program that is accredited under section 55ZU; accredited higher education course means a course that is accredited under section 36 or by a self-accrediting higher education provider; accredited other education course means a course that is accredited under section 55ZI; accredited senior secondary course means a course that has been accredited under section 26; accredited training course has the same meaning as "VET course" in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; amend includes – omit matter; and insert or add matter; and omit matter and substitute other matter; approval certificate means an approval certificate issued under section 55D; approved overseas higher education course means a higher education course approved under section 55B(5)(b); approved overseas higher education provider means an overseas higher education institution approved under section 55B(1)(a) as an approved overseas higher education provider; approved overseas higher education qualification means a qualification approved under section 55B(5)(c); approved qualification means – a qualification for an accredited senior secondary course determined under section 26(4)(b); or a qualification for an examination or assessment of senior secondary education determined under section 33C(b); or a higher education award for an accredited higher education course determined under section 36(3); or a qualification for an approved overseas higher education course approved under section 55B(5)(c); or a qualification for a higher education course provided by a self-accrediting higher education provider determined by that provider under section 55Z; or a qualification for an accredited other education course determined under section 55ZI(3); or a qualification for an examination or assessment of other education determined under section 55ZR(b); or a qualification for an accredited education program determined under section 55ZU(5); assessment recommendation means the recommendation made under section 55ZZR by the Board to the Minister as to whether it is appropriate to establish a new university;Australian Accounting Standards means Statements of Accounting Standards issued jointly by the National Councils of the Australian Society of Certified Practising Accountants and the Institute of Chartered Accountants in Australia or their successors;Australian Qualifications Framework means the policy of that name, defining all qualifications recognised nationally in post-compulsory education and training within Australia, endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs so as to commence on 12 January 1995, as amended from time to time; Australian university has the same meaning as in the National Protocols for Higher Education Approval Processes; authorised officer means a person appointed under section 19 to be an authorised officer;Board means the Tasmanian Assessment, Standards and Certification Board established by section 7; certificate of self-accrediting status means a certificate of self-accrediting status issued under section 55Q; committee means a committee established under section 20; corresponding law means a law of the Commonwealth, another State or a Territory that provides for the accreditation, registration, licensing, approval or other recognition of any one or more of the following:senior secondary courses; higher education courses; other education courses; education programs; higher education providers; providers of education programs to overseas students; course means – a senior secondary course; or an accredited training course; or a higher education course; or an approved overseas higher education course; or an accredited other education course – which includes one or more subjects, syllabuses or programs of study or training leading to the conferral or issue of a particular qualification; education program means – an accredited course; or an accredited training course; or any other instruction, training or prescribed means of education, whether given as a course of study or otherwise; exempt university means – a university; or another provider of higher education; or another person – referred to in section 5; externally provided distance course means a course provided to a student situated in Tasmania if – the course is entirely provided by means that do not include teaching in person; and while the person is providing the course, the person is not present in Tasmania, and does not have any employees or business premises in Tasmania, for the purposes of providing that course; field of study has the same meaning as in the National Protocols for Higher Education Approval Processes; formal education means education that – is delivered in a structured program that if successfully completed will result in the person obtaining a qualification; or will result in the person obtaining a qualification if – the attainment of the education is successfully demonstrated by that person in an examination or other assessment conducted by another person, other than the Office; and the conduct of such an examination or other assessment by that other person is an ordinary part of the business, functions or activities of that other person; functions includes duties; higher education means education in relation to which a higher education award may be issued; higher education award means – an award of a diploma or advanced diploma; or an award of a graduate diploma or graduate certificate; or an award of an associate degree, bachelor degree, masters degree or doctoral degree; or any other award specified in the Australian Qualifications Framework as a higher education award; or an approved overseas higher education qualification; or a prescribed award – but does not include a qualification that is awarded or issued in respect of vocational education and training or by an exempt university; higher education course means a course of study that entitles a person who satisfies the course requirements to the conferral or issue of a higher education award; interstate higher education course means a higher education course that is – accredited, registered, licensed or otherwise approved under a corresponding law that provides for the accreditation, registration, licensing or other approval of a higher education course; and provided to a student present in Tasmania – but does not include an externally provided distance course; justice of the peace does not include a magistrate; local higher education course means a higher education course, other than an interstate higher education course or overseas higher education course, that – is provided in Tasmania; or is provided in another State, a Territory or another country by a person resident or situated in, or whose principal business premises are situated in, Tasmania; MCEETYA means – the Ministerial Council on Education, Employment, Training and Youth Affairs created in 1993 by the Council of Australian Governments and which consists of the Ministers from the Commonwealth, States and Territories having responsibility for education, employment, training and youth affairs; or any other Ministerial Council consisting of the Ministers from the Commonwealth, States and Territories having responsibility for senior secondary education and tertiary education, whether created in substitution for, or in addition to, the Ministerial Council on Education, Employment, Training and Youth Affairs referred to in paragraph (a), or otherwise;National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students means the code of that name approved by MCEETYA on 7 July 2006, as amended or substituted from time to time;National Protocols for Higher Education Approval Processes means – the set of protocols governing higher education quality assurance processes agreed to by the States and Territories at the Ministerial Council on Education, Employment, Training and Youth Affairs on 31 March 2000, as amended from time to time; or any set of protocols agreed to in substitution for the National Protocols for Higher Education Approval Processes, as amended from time to time; national standard means a standard relating to the provision of a course, the assessment of a person undertaking a course or the conferral or issue of a qualification in respect of a course to be followed by Commonwealth, State and Territory registering bodies and course accrediting bodies under – the National Protocols for Higher Education Approval Processes; or the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students; or the English Language Intensive Courses for Overseas Students (ELICOS) Standards; other education means education obtained by a person after the completion of those years of schooling that the person is required by law to attend – including but not limited to adult education, community education and education specifically designed for a person with a disability; but excluding senior secondary education, vocational education and training and higher education; other education course means a course of study in other education that entitles a person who satisfies the course requirements to the conferral or issue of an approved qualification; overseas higher education course means a higher education course provided or to be provided by an overseas higher education institution; overseas higher education institution has the same meaning as in the National Protocols for Higher Education Approval Processes; overseas student means a student in relation to whom a fee is paid for a course, but does not include – an Australian citizen or a dependant of an Australian citizen; or a New Zealand citizen or a dependant of a New Zealand citizen; or a permanent resident in Australia or a dependant of such a permanent resident; or a refugee resident in Australia; person includes – a body of persons corporate or unincorporate; and a government department or part of a government department; qualification means the recognition, by any means, that a person has successfully completed a course or course of study or has been successful in an examination or other assessment of an area of his or her education; recognised qualification means a qualification recognised by the Board under section 55ZZM(1); registered education (overseas students) provider means a person who is registered as a registered education (overseas students) provider under section 55ZZA; registered higher education provider means a person who is registered as a registered higher education provider under section 43, while that registration has effect; registered school has the same meaning as in the Education Act 2016; registered student exchange organisation means an organisation or other person that is registered as a registered student exchange organisation under section 33E; registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth;Registrar means the Registrar of the Board appointed under section 16; registration certificate means a registration certificate issued under section 45; registration (overseas students) certificate means a registration (overseas students) certificate issued under section 55ZZC; registration (student exchange organisation) certificate means a registration (student exchange organisation) certificate issued under section 33F; regulations means regulations made and in force under section 72; rules means rules made and in force under section 64; school has the same meaning as in the Education Act 2016; self-accrediting higher education provider means a person who is granted the status of self-accrediting higher education provider under section 55O; senior secondary accreditation framework means the framework relating to the accreditation of senior secondary courses approved by the Minister under section 24F, as amended or substituted from time to time under that section; senior secondary course means a course of study that is normally undertaken, or intended to be undertaken, during senior secondary education; senior secondary education means secondary education that is usually undertaken by persons following the completion of the fourth year of secondary education, being the year commonly known as Year 10; State school has the same meaning as in the Education Act 2016; student exchange program means a program whereby Tasmanian students undertaking senior secondary education, or other secondary education, may undertake a part of their studies in a country other than Australia and in return students from other countries may undertake a part of their studies in Tasmania;Treasurer's Instructions means instructions issued under section 114 of the Government Business Enterprises Act 1995 or section 51 of the Financial Management Act 2016; vocational education and training has the same meaning as in the Training and Workforce Development Act 2013.

For the purposes of this Act – a person may provide a course or education in person, by mail, by means of the internet, radio or television or by any other means; and a person who provides a course or education to a student who is present in Tasmania while undertaking that course or education is taken to provide that course or education in Tasmania unless that course is an externally provided distance course.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

Nothing in this Act renders the Crown in right of Tasmania liable to be prosecuted for an offence against this Act.

This Act, other than Part 4B, does not apply in relation to – the University of Tasmania; or a university established, recognised or registered by or under – an Act of this State; or an Act of the Commonwealth, another State or a Territory; or a person who is authorised to provide higher education courses, and self-accredit those courses, by or under an Act of the Commonwealth, another State or a Territory.

This Act, or a provision or part of this Act, as prescribed does not apply to a prescribed person or a person of a prescribed class of persons.

If the University of Tasmania, a university referred to in subsection (1)(b), a person referred to in paragraph (c) or a person referred to in subsection (2) is a registered education (overseas students) provider, this Act applies to that university or person in his, her or its capacity as such a registered education (overseas students) provider.

A person performing a function, action or duty, or exercising a power, under this Act is to have regard to the principles set out in section 4(1) of the Education Act 2016.

The Tasmanian Assessment, Standards and Certification Board is established.

The Board – is a body corporate with perpetual succession; and may have a seal; and may sue and be sued in its corporate name.

If the Board has a seal – it is to be kept, and used as authorised, by the Board; and all courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Board.

The Board consists of such number of members, including the chairperson, not exceeding 7 but not fewer than 5, as the Minister appoints.

Until the members of the Board are appointed under subsection (1), the Registrar is to perform the functions and exercise the powers of the Board.

Before appointing a member under subsection (1), the Minister is to give notice so that persons interested in being members may provide written expressions of interest to the Minister.

Notice given under subsection (3) – is to be given by publication in one or more daily newspapers published and circulating in the State; and may be given – by publication in a journal, periodical or other document; and by publication or broadcast, by means of the internet, in any format; and in print, or electronic communication meant for one or more persons.

In appointing members under subsection (1), the Minister is to ensure that the members – collectively, have the following skills:general board governance skills; skills relevant to the Board’s functions; and represent the diversity of the community; and each hold a current registration under the Registration to Work with Vulnerable People Act 2013.

In appointing the members of the Board, the Minister – is to have regard to all expressions of interest provided to the Minister under subsection (3); and may have regard to advice sought from an advisory council established under section 249 of the Education Act 2016; and may have regard to advice from any existing members of the Board regarding the skills required.

The Minister is to appoint a chairperson.

Schedule 1 has effect with respect to the membership and meetings of the Board.

The objectives of the Board are to ensure that –

relevant national standards and State standards for senior secondary education, vocational education and training and higher education are monitored and met; and links between qualifications for senior secondary education, vocational education and training, higher education and other education are developed or improved; and throughout a person's life as wide a range of qualifications as practicable can be obtained and recognised in senior secondary education, vocational education and training, higher education and other education.

The Board has the following functions:to provide a consolidated statement of the approved qualifications and other qualifications of a person at his or her request; to accredit courses for senior secondary education, higher education and other education; to register providers of higher education; to determine standards and qualifications in senior secondary education and other education and to provide for or determine related matters; to set, to conduct or arrange for the conduct of and to mark examinations and assessments in senior secondary education and other education and to provide for or determine related matters; to accredit education programs for overseas students, register providers of such programs and provide for or determine related matters; to collect, record and distribute individual student information relating to senior secondary education, vocational education, higher education and other education; to provide advice to the Minister on matters relating to qualifications; to – collect and record data relating to the educational outcomes, attainment, retention and assessment of students; and collect and record student demographic data; and provide to the Minister, at the request of the Minister, the data collected and recorded under subparagraphs (i) and (ii) or such of that data as is specified in the Minister's request; and provide to the Secretary of the Department, for the purpose of performing his or her functions under this or any other Act, the data collected and recorded under subparagraphs (i) and (ii) in so far as it relates to State schools; and provide to a school, or an organisation representing all or a group of registered schools, the data collected and recorded under subparagraphs (i) and (ii) in so far as it relates to that school or to a registered school represented by that organisation; to distribute the data referred to in paragraph (i), or part of that data, as required by or under any law; to provide to the Secretary of the Department, or another person or an organisation agreed by the Secretary and the Board, the data referred to in paragraph (i) so as to enable the Department to manage the data on behalf of the Board; functions imposed on the Board by any other Act; other functions imposed on the Board by this Act; other functions imposed on the Board by the Minister by written notice provided to the Board.

For the purposes of subsection (1)(i)(iii) and (v), information that identifies a student may only be distributed to the school, or an organisation representing the registered school, that the student attends.

Nothing in this section prevents any school or organisation representing all, or a group of, registered schools from providing data acquired under, or of a kind referred to in, subsection (1)(i) to any school or any such organisation.

The Board has the following powers:

authorising and directing the undertaking of investigations, inspections, examinations and reviews for the purposes of this Act;

undertaking audits of providers of education or training at the request of persons the Board considers have an interest in the provision of education or training by those providers;

acquiring, holding, disposing of and otherwise dealing with property;

entering into contracts, including a contract with another person for the performance or exercise of any of its functions or powers by or jointly with that other person;

setting charges, terms and conditions relating to work done, or services, goods or information supplied, by it;

collecting vocational education attainment data from registered training organisations operating in Tasmania;

doing any other thing necessary or convenient to be done in connection with the performance or exercise of its functions and powers under this or any other Act.