An Act to provide for student identifiers and for access to transcripts relating to vocational education and training, and for related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Student Identifiers Act 2014.
2 Commencement
(1) 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) |
Note: This table relates only to the provisions of this Act as originally enacted.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.
(2) 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.
3 Simplified outline 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 to an individual on application.
On request by an individual, or an organisation, body or person involved with vocational education and training or higher education, the Registrar may verify that an identifier is the individual’s student identifier, or give the individual’s student identifier.
Records of student identifiers must be protected from misuse. Collection, use and disclosure of an individual’s student identifier without the individual’s consent is prohibited, unless it is authorised by this Act. The Information Commissioner may deal with breaches of these rules as interferences 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:
(a) applying for student identifiers; or
(b) altering an authenticated VET transcript or an extract from such a transcript; or
(c) 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.
4 Definitions
(1) 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.
authenticated VET transcript of an individual means a document prepared by the Registrar that sets out information:
(a) that relates to the VET undertaken by the individual; and
(b) 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.
entity means:
(a) a person; or
(b) a partnership; or
(c) any other unincorporated association or body; or
(d) 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:
(a) letters;
(b) numbers;
(c) 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:
(a) if there is a body established by the Council of Australian Governments to deal with training and skills—that body; or
(b) 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.
public body of a State or Territory means:
(a) the Crown in right of the State or Territory; or
(b) a State or Territory authority (within the meaning of the Privacy Act 1988) of that State or Territory; or
(c) the head (however described) of a Department of State of the State or Territory; or
(d) the Parliament of the State or the legislature of the Territory; or
(e) 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.
student identifier means an identifier assigned to an individual by the Registrar under section 10 or 12.
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) 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
(b) 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
(c) a VET Regulator (within the meaning of the National Vocational Education and Training Regulator Act 2011); or
(d) 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.
(2) The Registrar may, by legislative instrument, specify an entity for the purposes of the definition of VET admission body in subsection (1).
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(3) 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).
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
5 Act to bind the Crown
This Act binds the Crown in each of its capacities.
6 Extension to external Territories
This Act extends to every external Territory.
7 Extraterritorial application
This Act extends to acts, omissions, matters and things outside Australia.
Part 2—Student identifiers
Division 1—Simplified outline of this Part
8 Simplified outline of this Part
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.
Generally, anyone who collects personal information about an individual to apply for an identifier for the individual must destroy the information as soon as practicable after it is no longer needed for that purpose.
On request by an individual, or an organisation, body or person involved with vocational education and training or higher education, the Registrar may verify that an identifier is the individual’s student identifier, or give the individual’s student identifier.
Anyone (including the Registrar) who keeps a record of student identifiers must protect it from misuse and unauthorised access and disclosure.
Collection, use and disclosure of an individual’s student identifier 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 student identifiers and unauthorised collection, use and disclosure of student identifiers as interferences with privacy under the Privacy Act 1988.
Division 2—Assignment of student identifiers etc.
9 Application for the assignment of an identifier
(1) An individual may apply to the Registrar for an identifier to be assigned to the individual.
(2) The following entities may apply to the Registrar for an identifier to be assigned to an individual if authorised by the individual to make an application under this section:
(a) a registered training organisation;
(b) a VET admission body;
(ba) a registered higher education provider;
(bb) a Tertiary Admission Centre;
(c) another entity.
(3) The application must:
(a) be made in a manner and form approved by the Registrar; and
(b) include any information required by the Registrar.
10 Assignment of an identifier by the Registrar
(1) If an application is made under section 9 in relation to an individual, the Registrar must assign an identifier to the individual if the Registrar is satisfied that:
(a) the identity of the individual has been appropriately verified; and
(b) the individual has not already been assigned a student identifier.
(2) The Registrar must give written notice of the Registrar’s decision on the application to:
(a) the applicant; and
(b) if the applicant is not the individual—the individual.
(3) If the Registrar assigns an identifier to the individual, the notice given under subsection (2) must:
(a) set out the identifier; and
(b) if the notice is given to the individual—explain the purposes and uses of the identifier.
(4) If the Registrar refuses to assign an identifier to the individual, the notice given under subsection (2) must set out the reasons for the refusal.
11 Destruction of personal information collected for the purpose of making an application
(1) If:
(a) an entity is authorised by an individual to make an application under section 9; and
(b) the entity collects personal information about the individual for the purpose of making the application; and
(c) 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.
(2) Subsection (1) does not apply if the entity is required by or under any law to retain the information.
Note: 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).
12 Registrar to resolve problems in relation to the assignment of student identifiers
(1) The Registrar may do either or both 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:
(a) revoke one or more of those student identifiers;
(b) assign a new identifier to one or more of those individuals.
(2) 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:
(a) the individual; and
(b) a VET‑related body of a kind referred to in paragraph (a) of the definition of that expression in subsection 4(1); and
(ba) the Secretary of, or an APS employee in, the Education Department; and
(c) any other entity that the Registrar considers appropriate in the circumstances.
(3) The notice given under subsection (2) must set out:
(a) if a student identifier of the individual has been revoked—the revoked identifier; and
(b) if a new identifier has been assigned to the individual—the new identifier.
13 Review by the Administrative Appeals Tribunal
(1) Applications may be made to the Administrative Appeals Tribunal by an individual for review of the following decisions of the Registrar:
(a) a refusal to assign an identifier to the individual under section 10;
(b) a decision under section 12 to revoke a student identifier of the individual or to assign a new identifier to the individual.
(2) Subsection (1) has effect despite subsection 27(1) of the Administrative Appeals Tribunal Act 1975.
Division 3—Verification or giving of student identifiers
14 Request to verify or give a student identifier
(1) Any of the following entities may request the Registrar to verify that an identifier is the student identifier of an individual, or to give the entity the student identifier of an individual:
(a) the individual;
(b) a registered training organisation;
(c) a VET‑related body;
(d) a VET admission body authorised by the individual to make a request under this section;
(e) a registered higher education provider;
(f) a Tertiary Admission Centre authorised by the individual to make a request under this section;
(g) the Secretary of the Education Department;
(h) an APS employee in the Education Department;
(i) a person who performs services for or on behalf of the Commonwealth in connection with the performance of functions, or the exercise of powers, under the Higher Education Support Act 2003 or any instrument made under that Act;
(j) a TEQSA Commissioner;
(k) the Chief Executive Officer of the Tertiary Education Quality and Standards Agency;
(l) a member of the staff of TEQSA;
(m) a person who performs services for or on behalf of the Commonwealth in connection with the performance of functions, or the exercise of powers, under the Tertiary Education Quality and Standards Agency Act 2011 or any instrument made under that Act;
(n) the TPS Director;
(na) the VSL Tuition Protection Director;
(nb) the Higher Education Tuition Protection Director;
(o) an ESOS agency for a provider or registered provider;
(p) a TPS officer;
(q) an authorised officer of the ESOS agency for a registered provider.
(2) The request must:
(a) be made in a manner and form approved by the Registrar; and
(b) include any information required by the Registrar.
15 Verification or giving of a student identifier
(1) If a request is made under section 14 in relation to an individual, the Registrar may, by written notice given to the entity that made the request, verify or give the student identifier of the individual.
(2) If the Registrar refuses to verify or give the student identifier, the Registrar must give the entity that made the request written notice of the refusal and the reasons for the refusal.
Division 4—Protection of records of student identifiers
16 Records of student identifiers must be protected from misuse etc.
(1) The Registrar must take reasonable steps to protect a record of student identifiers kept by the Registrar:
(a) from misuse, interference and loss; and
(b) from unauthorised access, modification or disclosure.
(2) If any other entity keeps a record of student identifiers, the entity must take reasonable steps to protect the record:
(a) from misuse, interference and loss; and
(b) from unauthorised access, modification or disclosure.
(3) Subsection (2) does not apply to an individual who keeps a record of the student identifier of the individual.
Note: 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).
Division 5—Collection, use or disclosure of student identifiers
17 Unauthorised collection, use or disclosure of student identifiers
An entity must not collect, use or disclose a student identifier of an individual if:
(a) the entity is not the individual; and
(b) the collection, use or disclosure is not authorised under this Division.
Note: A contravention of this section is taken to be an interference with the privacy of the individual for the purposes of the Privacy Act 1988 (see section 23 of this Act).
18 Collection, use or disclosure by the Registrar
(1) The Registrar is authorised to collect, use or disclose a student identifier of an individual if the collection, use or disclosure is for the purposes of the Registrar performing his or her functions or exercising his or her powers.
(2) The Registrar is authorised to use or disclose a student identifier of an individual if the use or disclosure is for the purposes of research:
(a) that relates (directly or indirectly) to education or training, or that requires the use of student identifiers or information about education or training; and
(b) that meets the requirements specified by the Ministerial Council.
(3) The Registrar is authorised to use or disclose a student identifier of an individual if the use or disclosure is for the purposes of research:
(a) that relates (directly or indirectly) to the provision of higher education; and
(b) that meets the requirements specified in an instrument under subsection (4).
(4) The Education Minister must, by legislative instrument, specify requirements for the purposes of paragraph (3)(b).
18A Collection, use or disclosure for administration of VET student loans
A VET‑related body, the VSL Tuition Protection Director or the Commissioner of Taxation is authorised to collect, use or disclose a student identifier of an individual if the collection, use or disclosure is reasonably necessary for the purposes of performing functions or exercising powers in relation to:
(a) the VET Student Loans Act 2016; or
(b) any Act or instrument to the extent that it is included in the definition of this Act in the VET Student Loans Act 2016.
18B Collection, use or disclosure for purposes of higher education
(1) A person referred to in subsection (2) is authorised to collect, use or disclose a student identifier of an individual if the collection, use or disclosure is reasonably necessary for the purposes of performing functions or exercising powers in relation to:
(a) the Higher Education Support Act 2003; or
(b) any instrument made under that Act.
(2) The persons are the following:
(a) the Secretary of the Education Department;
(b) an APS employee in the Education Department;
(ba) the Higher Education Tuition Protection Director;
(c) a person who performs services for or on behalf of the Commonwealth in connection with the performance of functions, or the exercise of powers, under the Higher Education Support Act 2003 or any instrument made under that Act;
(d) the Commissioner of Taxation.
(3) A person referred to in subsection (4) is authorised to collect, use or disclose a student identifier of an individual if the collection, use or disclosure is reasonably necessary for the purposes of performing functions or exercising powers in relation to:
(a) the Tertiary Education Quality and Standards Agency Act 2011; or
(b) any instrument made under that Act.
(4) The persons are the following:
(a) a TEQSA Commissioner;
(b) the Chief Executive Officer of the Tertiary Education Quality and Standards Agency;
(ba) the Higher Education Tuition Protection Director;
(c) a member of the staff of TEQSA;
(d) a person who performs services for or on behalf of the Commonwealth in connection with the performance of functions, or the exercise of powers, under the Tertiary Education Quality and Standards Agency Act 2011 or any instrument made under that Act.
(5) A registered higher education provider is authorised to collect, use or disclose a student identifier of an individual if the collection, use or disclosure is reasonably necessary in connection with the operation of:
(a) the Higher Education Support Act 2003 or Tertiary Education Quality and Standards Agency Act 2011; or
(b) any instrument made under that Act.
18C Collection, use or disclosure for purposes of education services for overseas students
(1) An entity referred to in subsection (2) is authorised to collect, use or disclose a student identifier of an individual if the collection, use or disclosure is reasonably necessary for the purposes of performing functions or exercising powers in relation to:
(a) the Education Services for Overseas Students Act 2000; or
(b) any instrument made under that Act.
(2) The entities are the following:
(a) the Secretary of the Department administered by the Minister administering the Education Services for Overseas Students Act 2000;
(b) the TPS Director;
(c) a TPS officer;
(d) an ESOS agency for a provider or registered provider;
(e) an authorised officer of the ESOS agency for a registered provider.
(3) A registered higher education provider is authorised to collect, use or disclose a student identifier of an individual if the collection, use or disclosure is reasonably necessary in connection with the operation of:
(a) the Education Services for Overseas Students Act 2000; or
(b) any instrument made under that Act.
19 Collection, use or disclosure with the individual’s consent
(1) An entity is authorised to collect, use or disclose a student identifier of an individual if the individual consents (expressly or impliedly) to the collection, use or disclosure.
(2) However, the individual cannot consent to the entity using the individual’s student identifier as the entity’s own identifier of the individual.
20 Collection, use or disclosure relating to unlawful activities etc.
An entity is authorised to collect, use or disclose a student identifier of an individual if:
(a) the entity has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the entity’s functions or activities has been, is being or may be engaged in; and
(b) the entity reasonably believes that the collection, use or disclosure is necessary in order for the entity to take appropriate action in relation to the matter.
21 Collection, use or disclosure for law enforcement purposes etc.
An entity is authorised to collect, use or disclose a student identifier of an individual if the entity reasonably believes that the collection, use or disclosure is reasonably necessary for one or more of following things done by, or on behalf of, an enforcement body (within the meaning of the Privacy Act 1988):
(a) the prevention, detection, investigation, prosecution or punishment of:
(i) criminal offences; or
(ii) breaches of a law imposing a penalty or sanction;
(b) the conduct of surveillance activities, intelligence gathering activities or monitoring activities;
(c) the conduct of protective or custodial activities;
(d) the enforcement of laws relating to the confiscation of the proceeds of crime;
(e) the protection of the public revenue;
(f) the prevention, detection, investigation or remedying of misconduct of a serious nature, or other conduct prescribed by the regulations;
(g) the preparation for, or conduct of, proceedings before any court or tribunal, or the implementation of the orders of a court or tribunal.
22 Collection, use or disclosure authorised by regulations
An entity is authorised to collect, use or disclose a student identifier of an individual if the collection, use or disclosure is authorised by the regulations.
Division 6—Interaction with the Privacy Act 1988
23 Contraventions that are interferences with the privacy of an individual
(1) An act or practice that contravenes:
(a) section 11 in relation to personal information about an individual; or
(b) section 16 or 17 in relation to a student identifier of an individual;
is taken, for the purposes of the Privacy Act 1988, to be an interference with the privacy of the individual (within the meaning of that Act).
Note: An act or practice that is an interference with the privacy of the individual may be the subject of an investigation by the Information Commissioner under Part V of that Act.
(2) If:
(a) an act or practice of an entity that contravenes section 11, 16 or 17 is the subject of a complaint to, or an investigation by, the Information Commissioner under Part V of the Privacy Act 1988; and
(b) the entity is not an agency (within the meaning of that Act) or organisation (within the meaning of that Act);
the entity is taken, for the purposes of that Part and any other provision of that Act that relates to that Part, to be an organisation (within the meaning of that Act).
24 Additional functions of the Information Commissioner
(1) In addition to the Information Commissioner’s functions under the Privacy Act 1988, the Information Commissioner has the following functions:
(a) to investigate an act or practice that may be an interference with the privacy of an individual under subsection 23(1) and, if the Information Commissioner considers it appropriate to do so, to attempt by conciliation to effect a settlement of the matters that gave rise to the investigation;
(b) to conduct an assessment of whether the Registrar is maintaining or handling student identifiers in accordance with the requirements of this Act;
(c) to do anything incidental or conducive to the performance of those functions.
(2) The Information Commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of his or her functions under subsection (1).
(3) The Information Commissioner may conduct an assessment under paragraph (1)(b) in such manner as the Commissioner considers fit.
(4) Section 56 (rather than section 12B of the Privacy Act 1988) applies in relation to the matters referred to in paragraph (1)(a) or (b) of this section in the same way as it applies to this Act.
25 Use or disclosure of personal information authorised for the purposes of the Privacy Act 1988
(1) The use or disclosure by an entity of personal information about an individual is taken, for the purposes of the Privacy Act 1988, to be authorised by this Act if the use or disclosure is for the purposes of the Registrar performing his or her functions or exercising his or her powers.
(2) The use or disclosure by the Registrar of personal information about an individual is taken, for the purposes of the Privacy Act 1988, to be authorised by this Act if the use or disclosure is for the purposes of research:
(a) that relates (directly or indirectly) to education or training, or that requires the use of student identifiers or information about education or training; and
(b) that meets the requirements specified by the Ministerial Council.
(3) The use or disclosure by the Registrar of personal information about an individual is taken, for the purposes of the Privacy Act 1988, to be authorised by this Act if the use or disclosure is for the purposes of research:
(a) that relates (directly or indirectly) to the provision of higher education; and
(b) that meets the requirements specified in an instrument under subsection (4).
(4) The Education Minister must, by legislative instrument, specify requirements for the purposes of paragraph (3)(b).
Part 3—Authenticated VET transcripts
26 Simplified outline of this Part
An individual’s authenticated VET transcript is a document prepared by the Student Identifiers Registrar that sets out information that relates to vocational education and training undertaken by the individual and is prescribed by the regulations.
On request, the Registrar may give access to 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.
27 Individual may be given access to an authenticated VET transcript etc.
(1) The Registrar may, on request, give an individual who has been assigned a student identifier access to:
(a) an authenticated VET transcript of the individual; or
(b) an extract from an authenticated VET transcript of the individual.
(2) The request must:
(a) be made in a manner and form approved by the Registrar; and
(b) include any information required by the Registrar; and
(c) if the request is for an extract—specify the information to be excluded from the extract.
(3) If the Registrar refuses to give access under subsection (1), the Registrar must give the individual written notice of the decision and the reasons for the decision.
28 Entities that may be given access to an authenticated VET transcript etc.
(1) The Registrar may, on request, give a registered training organisation, VET‑related body or other entity access to:
(a) an authenticated VET transcript of an individual who has been assigned a student identifier; or
(b) an extract from an authenticated VET transcript of an individual who has been assigned a student identifier;
in accordance with the access controls set by the individual.
Note: The Registrar may also disclose personal information in an authenticated VET transcript in accordance with Australian Privacy Principle 6.
(2) The request must:
(a) be made in a manner and form approved by the Registrar; and
(b) include any information required by the Registrar.
(3) The Registrar must not give access under subsection (1) unless access controls have been set by the individual.
(4) If the Registrar refuses to give access under subsection (1), the Registrar must give the registered training organisation, VET‑related body or other entity written notice of the decision and the reasons for the decision.
29 Requirement relating to extracts from authenticated VET transcripts
(1) If the Registrar gives access to an extract from an authenticated VET transcript of an individual, the extract must include a statement that it is an extract.
(2) Subsection (1) does not apply if:
(a) the only information not included in the extract is information of a kind prescribed by the regulations; or
(b) the Registrar considers that it is not appropriate for the extract to include a statement that it is an extract.
Part 3A—Civil penalties and infringement notices
29A Simplified outline of this Part
There are civil penalty provisions for certain conduct relating to:
(a) applying for student identifiers; or
(b) altering an authenticated VET transcript or an extract from such a transcript; or
(c) 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.
29B Civil penalties—applications for student identifiers
(1) An individual is liable to a civil penalty if:
(a) the individual has been assigned a student identifier under this Act; and
(b) the identifier has not been revoked; and
(c) either:
(i) the individual applies under section 9 to the Registrar for an identifier to be assigned to the individual; or
(ii) the individual authorises an entity to make an application under section 9 for an identifier to be assigned to the individual.
Note: Section 95 of the Regulatory Powers Act deals with mistake of fact.
Civil penalty: 60 penalty units.
(2) A person is liable to a civil penalty if:
(a) the person applies to the Registrar for an identifier to be assigned to an individual; and
(b) the person has not been authorised by the individual to make the application.
Civil penalty: 60 penalty units.
29C Civil penalties—authenticated VET transcripts etc.
(1) A person is liable to a civil penalty if the person alters:
(a) an authenticated VET transcript of an individual; or
(b) an extract, prepared by the Registrar, from an authenticated VET transcript of an individual.
Civil penalty: 60 penalty units.
(2) A person is liable to a civil penalty if:
(a) the person makes a document; and
(b) either:
(i) the document is not an authenticated VET transcript of an individual, but purports to be such an authenticated VET transcript; or
(ii) the document is not an extract, prepared by the Registrar, from an authenticated VET transcript of an individual, but purports to be such an extract.
Civil penalty: 60 penalty units.
29D Enforcement under Regulatory Powers Act—civil penalty provisions
Enforceable civil penalty provisions
(1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Authorised applicant
(2) For the purposes of Part 4 of the Regulatory Powers Act, the Registrar is an authorised applicant in relation to the civil penalty provisions of this Act.
Relevant court
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the civil penalty provisions of this Act:
(a) the Federal Court of Australia;
(b) the Federal Circuit and Family Court of Australia (Division 2).
Extension to external Territories
(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, extends to every external Territory.
29E Enforcement under Regulatory Powers Act—infringement notices
Provisions subject to an infringement notice
(1) A civil penalty provision of this Act is subject to an infringement notice under Part 5 of the Regulatory Powers Act.
Note: Part 5 of the Regulatory Powers Act creates a framework for using infringement notices in relation to provisions.
Infringement officer
(2) For the purposes of Part 5 of the Regulatory Powers Act, the Registrar is an infringement officer in relation to the provisions mentioned in subsection (1).
Relevant chief executive
(3) For the purposes of Part 5 of the Regulatory Powers Act, the Registrar is the relevant chief executive in relation to the provisions mentioned in subsection (1).
Delegation by Registrar
(4) The Registrar may, in writing, delegate to the following the Registrar’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in subsection (1):
(a) an SES employee, or acting SES employee, in the Department or in the Education Department;
(b) an APS employee who holds, or is acting in, an Executive Level 2, or equivalent, position in the Department or in the Education Department.
(5) A delegate must comply with any written directions of the Registrar.
Extension to external Territories
(6) Part 5 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection (1), extends to every external Territory.
Part 4—Student Identifiers Registrar etc.
Division 1—Simplified outline of this Part
30 Simplified outline of this Part
There must be a Student Identifiers Registrar appointed by the Commonwealth Minister after consulting the Ministerial Council.
The Registrar’s functions include the following:
(a) assigning student identifiers to individuals;
(b) verifying or giving an individual’s student identifier;
(c) preparing and providing access to individuals’ authenticated VET transcripts;
(d) enabling individuals with student identifiers to set access controls on their authenticated VET transcripts.
The Registrar is to be assisted by staff from the Department or the Education Department and by other staff and consultants under arrangements made by the Registrar.
There is a Student Identifiers Special Account, to be used for meeting the Commonwealth’s costs in the performance of the Registrar’s functions.
The Registrar is to report annually to the Commonwealth Minister, the Education Minister and the Ministerial Council.
Division 2—Student Identifiers Registrar
Subdivision A—Functions and powers
31 Student Identifiers Registrar
There is to be a Student Identifiers Registrar.
32 Functions of the Registrar
(1) The Registrar has the following functions:
(a) to assign student identifiers to individuals;
(b) to verify or give a student identifier of an individual;
(c) to prepare and provide access to authenticated VET transcripts of individuals or extracts from such transcripts;
(d) to ensure that a record of all student identifiers is kept in such form as the Registrar considers appropriate;
(e) to resolve problems that have occurred in relation to the assignment of student identifiers, including cases where:
(i) an individual has been assigned more than one student identifier; or
(ii) the same student identifier has been assigned to 2 or more individuals;
(f) to establish and maintain a mechanism to enable an individual who has been assigned a student identifier to set controls (the access controls) on:
(i) the registered training organisations, VET‑related bodies and other entities that may request access to an authenticated VET transcript of the individual; and
(ii) the registered training organisations, VET‑related bodies and other entities that may request access to an extract from an authenticated VET transcript of the individual and the content of the extract;
(fa) managing the Account in a way that ensures that the balance of the Account is sufficient to cover debits of amounts for the purposes of the Account;
(g) any other functions conferred on the Registrar by this Act, the regulations or any other law of the Commonwealth;
(h) to do anything incidental or conducive to the performance of those functions.
(2) The Registrar has power to do all things that are necessary or convenient to be done for or in connection with the performance of his or her functions.
33 Commonwealth Minister may give directions to the Registrar
(1) The Commonwealth Minister may, by legislative instrument, give written directions to the Registrar about the performance of the Registrar’s functions.
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).
(2) The Registrar must comply with a direction under subsection (1).
(3) Before giving a direction under subsection (1), the Commonwealth Minister must consult the Ministerial Council.
33A Education Minister may give directions to the Registrar
(1) The Education Minister may, by legislative instrument, give written directions to the Registrar about the performance of the Registrar’s functions in relation to higher education.
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).
(2) The Registrar must comply with a direction under subsection (1).
Subdivision B—Appointment of Registrar
34 Appointment
(1) The Registrar is to be appointed by the Commonwealth Minister by written instrument, on a full‑time basis.
Note: The Registrar may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(2) Before making an appointment, the Commonwealth Minister must consult the Ministerial Council.
35 Term of appointment
The Registrar holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
36 Acting Registrar
(1) The Commonwealth Minister may, by written instrument, appoint a person to act as Registrar:
(a) during a vacancy in the office of Registrar (whether or not an appointment has previously been made to that office); or
(b) during any period, or during all periods, when the Registrar:
(i) is absent from duty or from Australia; or
(ii) is, for any other reason, unable to perform the duties of the office.
Note: See sections 33AB and 33A of the Acts Interpretation Act 1901 for rules that apply to acting appointments.
(2) Before the Commonwealth Minister appoints a person to act as Registrar for a continuous period of 3 months or more, the Minister must consult the Ministerial Council.
Subdivision C—Terms and conditions of appointment
37 Remuneration and allowances
(1) The Registrar 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 Registrar is to be paid the remuneration that is prescribed by the regulations.
(2) The Registrar is to be paid the allowances that are prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
38 Leave of absence
(1) The Registrar has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Commonwealth Minister may grant to the Registrar leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
39 Outside employment
The Registrar must not engage in paid employment outside the duties of his or her office without the Commonwealth Minister’s approval.
40 Disclosure of interests
The Registrar must give written notice to the Commonwealth Minister of all interests, pecuniary or otherwise, that the Registrar has or acquires and that conflict or could conflict with the proper performance of the Registrar’s functions.
41 Other terms and conditions
The Registrar holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.
42 Resignation
(1) The Registrar may resign his or her appointment by giving the Commonwealth Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Commonwealth Minister or, if a later day is specified in the resignation, on that later day.
43 Termination of appointment
(1) The Commonwealth Minister may terminate the appointment of the Registrar:
(a) for misbehaviour; or
(b) if the Registrar is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Commonwealth Minister may terminate the appointment of the Registrar if:
(a) the Registrar:
(i) becomes bankrupt; or
(ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with one or more of his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or
(b) the Registrar is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the Registrar engages, except with the Minister’s approval, in paid employment outside the duties of his or her office (see section 39); or
(d) the Registrar fails, without reasonable excuse, to comply with section 40.
(3) If the Commonwealth Minister terminates the appointment of the Registrar, the Minister must notify the Ministerial Council of the termination.
Subdivision D—Delegation
44 Delegation by the Registrar
(1) The Registrar may delegate, in writing, all or any of the Registrar’s functions or powers to:
(a) a person who is a member of the staff mentioned in section 45; or
(b) a person to whom an arrangement under section 46 relates.
(2) In performing functions or exercising powers under the delegation, the delegate must comply with any written directions of the Registrar.
Division 3—Staff and consultants assisting Registrar
45 Staff
The staff necessary to assist the Registrar are to be persons engaged under the Public Service Act 1999 and made available for the purpose by the Secretary of the Department or by the Secretary of the Education Department.
46 Secondment of Commonwealth, State or Territory officers etc.
Secondment of Commonwealth officers etc.
(1) The Registrar may arrange with:
(a) an Agency Head (within the meaning of the Public Service Act 1999) of an Agency (within the meaning of that Act); or
(b) an authority of the Commonwealth;
for the services of officers or employees of the Agency or authority to be made available to assist the Registrar in the performance of the Registrar’s functions.
Secondment of State or Territory officers etc.
(2) The Registrar may arrange with the appropriate authority of a State or Territory for the services of officers or employees of the following to be made available to assist the Registrar in the performance of the Registrar’s functions:
(a) the Public Service of the State or Territory;
(b) a body, whether incorporated or not, established by or under a law of the State or Territory.
(3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse the appropriate authority of a State or Territory with respect to the services of a person to whom the arrangement relates.
Directions of the Registrar
(4) In assisting the Registrar in the performance of the Registrar’s functions, a person to whom an arrangement under subsection (1) or (2) relates is subject to the directions of the Registrar.
47 Consultants
(1) The Registrar may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Registrar’s functions.
(2) The consultants are to be engaged on the terms and conditions that the Registrar determines in writing.
Division 4—Special Account
48 Student Identifiers Special Account
(1) The Student Identifiers Special Account is established by this section.
(2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.
49 Credits to the Account
There must be credited to the Account amounts equal to the following:
(a) amounts allocated by the Ministerial Council in accordance with the National Agreement for Skills and Workforce Development between the Commonwealth, States and Territories, as in force from time to time;
(b) amounts received by the Commonwealth in connection with the performance of the Registrar’s functions;
(c) interest received by the Commonwealth from the investment of amounts debited from the Account;
(d) amounts of any gifts given or bequests made for the purposes of the Account.
Note 1: An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account.
Note 2: Amounts standing to the credit of the Account may be invested under section 58 of the Public Governance, Performance and Accountability Act 2013.
50 Purposes of the Account
The purposes of the Account are as follows:
(a) paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the Registrar’s functions or the exercise of the Registrar’s powers;
(b) paying any remuneration and allowances payable to any person under this Act;
(ba) reimbursing an appropriate authority of a State or Territory as mentioned in subsection 46(3);
(bb) making payments to consultants in accordance with engagements under section 47;
(c) meeting the expenses of administering the Account.
Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).
Division 5—Annual report
51 Annual report
(1) The Registrar must, as soon as practicable after the end of each financial year, prepare and give to the Commonwealth Minister, for presentation to the Parliament, a report on the operations of the Registrar during that year.
Note: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports.
(2) The Registrar must give a copy of the report to the Education Minister and the Ministerial Council at the same time as the report is presented to the Parliament.
(3) If this section does not commence at the start of a financial year, the period:
(a) starting at the commencement of this section; and
(b) ending at the end of the first 30 June after that commencement;
is taken, for the purposes of this section, to be a financial year.
Part 5—Other matters
52 Simplified outline of this Part
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 Education Minister and the Registrar can give exemptions.
The Commonwealth Minister may exempt a public body of a State or Territory from rules in this Act prohibiting unauthorised collection, use and disclosure of an individual’s student identifier without the individual’s consent if:
(a) the Minister is satisfied that equivalent State or Territory rules apply to the body; and
(b) a Minister of the State or Territory has asked for the exemption; and
(c) the Ministerial Council agrees to the exemption.
This Act does not limit rights under other laws and does not limit State and Territory laws that can operate concurrently with this Act.
This Part also contains other rules about the constitutional scope of this Act and about making regulations.
53 Issue of VET qualifications etc.
(1) A registered training organisation must not issue either of the following to an individual unless the individual has been assigned a student identifier:
(a) a VET qualification (within the meaning of the National Vocational Education and Training Regulator Act 2011);
(b) a VET statement of attainment (within the meaning of that Act).
Exemptions given by Commonwealth Minister
(2) Subsection (1) does not apply to an issue specified under subsection (3).
(3) The Commonwealth Minister may, by legislative instrument, specify an issue to which subsection (1) does not apply, by reference to one or more of the following:
(a) the registered training organisation doing the issuing;
(b) the VET qualification, or VET statement of attainment, being issued;
(c) the individual to whom the VET qualification, or VET statement of attainment, is being issued.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
Exemptions given by Registrar
(4) Subsection (1) does not apply in relation to an individual if a determination under subsection (6) is in force in relation to the individual.
(5) An individual may request the Registrar to make a determination that subsection (1) does not apply in relation to the individual. The request must:
(a) be made in a manner and form approved by the Registrar; and
(b) include any information required by the Registrar.
(6) If an individual makes a request under subsection (5), the Registrar must, by writing, make, or refuse to make, the determination requested.
(7) The Registrar must, in making a decision on the request, have regard to the matters (if any) determined in an instrument under subsection (9).
(8) The Registrar must give the individual notice of the Registrar’s decision on the request. If the Registrar refuses to make the determination requested, the notice must include reasons for the refusal.
(9) The Commonwealth Minister may, by legislative instrument, determine matters for the purposes of subsection (7).
(10) An instrument under subsection (6) is not a legislative instrument.
(11) If:
(a) the Registrar assigns a student identifier to an individual; and
(b) immediately before the assignment, a determination under subsection (6) is in force in relation to the individual;
then that determination is taken to be revoked immediately after the assignment.
Agreement of Ministerial Council required for instruments
(12) The Commonwealth Minister must, before making an instrument of a kind referred to in subsection (3) or (9), obtain the agreement of the Ministerial Council to the making of the instrument.
Single instrument
(13) The matters covered by subsections (3) and (9) may be included in the same instrument.
53A Conferral of regulated higher education awards
(1) A registered higher education provider must not confer a regulated higher education award on an individual unless the individual has been assigned a student identifier.
Exemptions given by Education Minister
(2) Subsection (1) does not apply to a conferral specified in an instrument under subsection (3).
(3) The Education Minister may, by legislative instrument, specify a conferral to which subsection (1) does not apply, by reference to one or more of the following:
(a) the registered higher education provider doing the conferring;
(b) the regulated higher education award being conferred;
(c) the individual on whom the regulated higher education award is being conferred.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
Exemptions given by Registrar
(4) Subsection (1) does not apply in relation to an individual if a determination under subsection (6) is in force in relation to the individual.
(5) An individual may request the Registrar to make a determination that subsection (1) does not apply in relation to the individual. The request must:
(a) be made in a manner and form approved by the Registrar; and
(b) include any information required by the Registrar.
(6) If an individual makes a request under subsection (5), the Registrar must, by writing, make, or refuse to make, the determination requested.
(7) The Registrar must, in making a decision on the request, have regard to the matters (if any) determined in an instrument under subsection (9).
(8) The Registrar must give the person notice of the Registrar’s decision on the request. If the Registrar refuses to make the determination requested, the notice must include reasons for the refusal.
(9) The Education Minister may, by legislative instrument, determine matters for the purposes of subsection (7).
(10) An instrument under subsection (6) is not a legislative instrument.
(11) If:
(a) the Registrar assigns a student identifier to an individual; and
(b) immediately before the assignment, a determination under subsection (6) is in force in relation to the individual;
then that determination is taken to be revoked immediately after the assignment.
(12) The matters covered by subsections (3) and (9) may be included in the same instrument.
54 Saving of other laws and remedies
(1) This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.
(2) Nothing in this Act limits, restricts or otherwise affects any right or remedy that a person would have had if this Act had not been enacted.
55 Disapplication of Division 5 of Part 2
(1) Division 5 of Part 2 does not apply to a public body of a State or Territory if a declaration made under subsection (2) is in force in relation to the body.
(2) The Commonwealth Minister may, in writing, declare that Division 5 of Part 2 does not apply to a public body of a State or Territory if:
(a) a Minister of the State or Territory requests, by written notice, the Commonwealth Minister to make the declaration; and
(b) the Commonwealth Minister is satisfied that a corresponding law of a State or Territory is in force in the State or Territory and the law applies to the body; and
(c) the Ministerial Council agrees to the making of the declaration.
(3) The Commonwealth Minister may, in writing, revoke a declaration made under subsection (2) in relation to a public body of a State or Territory if:
(a) a Minister of the State or Territory requests, by written notice, the Commonwealth Minister to do so; or
(b) both of the following apply:
(i) the Commonwealth Minister is satisfied that a corresponding law of a State or Territory is no longer in force in the State or Territory or no longer applies to the body;
(ii) the Ministerial Council agrees to the revocation of the declaration.
(4) A declaration under subsection (2), and a revocation of a declaration under subsection (3), are legislative instruments.
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration or revocation: see subsection 44(1) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the declaration or revocation: see subsection 54(1) of that Act.
56 Severability
(1) Without limiting its effect apart from each of the following subsections of this section, this Act also has effect as provided by that subsection.
(2) This Act also has the effect it would have if its operation were expressly confined to matters:
(a) in relation to which the Commonwealth is under an obligation under an international agreement, including Article 17 of the International Covenant on Civil and Political Rights, done at New York on 16 December 1966; or
(b) that are of international concern, including the matters dealt with in paragraphs 9, 10 and 11 of the Guidelines governing the Protection of Privacy and Transborder Flows of Personal Data, recommended by the Council of the Organisation for Economic Co‑operation and Development on 11 July 2013.
Note 1: The Covenant is in Australian Treaty Series 1980 No. 23 ([1980] ATS 23) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Note 2: The Guidelines could in 2014 be viewed on the Organisation for Economic Co‑operation and Development website (http://www.oecd.org).
(3) This Act also has the effect it would have if its operation were expressly confined to acts or omissions that occur outside Australia.
(4) This Act also has the effect it would have if its operation were expressly confined to entities that are corporations to which paragraph 51(xx) of the Constitution applies.
(5) This Act also has the effect it would have if its operation were expressly confined to acts or omissions that relate to aliens.
(6) This Act also has the effect it would have if its operation were expressly confined to acts or omissions done for purposes relating to census or statistics.
(7) This Act also has the effect it would have if its operation were expressly confined to acts done using a postal, telegraphic, telephonic or other like service.
(8) This Act also has the effect it would have if its operation were expressly confined to acts or omissions done in connection with the provision of benefits to students.
(9) This Act also has the effect it would have if its operation were expressly confined to acts or omissions that occur in a Territory.
(10) This Act also has the effect it would have if its operation were expressly confined to acts or omissions done in the course of trade or commerce:
(a) between Australia and other countries; or
(b) among the States; or
(c) between a Territory and a State or another Territory.
(11) A term used in this section and the Constitution has the same meaning in this section as it has in the Constitution.
57 Regulations
(1) The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Before the Governor‑General makes regulations under subsection (1), the Commonwealth Minister must obtain the agreement of the Ministerial Council to the making of the regulations.
(2A) However, subsection (2) does not apply in relation to the making of particular regulations if the Education Minister:
(a) is satisfied that the regulations are in respect of matters relating to higher education; and
(b) recommends to the Governor‑General the making of the regulations.
(3) Despite subsection 14(2) of the Legislation Act 2003, the regulations made under subsection (1) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in an instrument or other writing as in force or existing from time.
