VET and Related Legislation
Victorian Law Today:
This repository contains Versions of all the Principal Public Acts and Principal Statutory Rules of Victoria. It can be accessed through the Victorian Legislation and Parliamentary Documents Home Page Go to: http://www.legislation.vic.gov.au/
Australasian Legal Information Institute:
The Australasian Legal Information Institute (AustLII) provides free internet access to Australian legal materials including Commonwealth & State legislation as well as having links to several overseas sites. Go to: http://www.austlii.edu.au/
Commonwealth Acts and Regulations are available from a number of Resources: Comlaw http://www.comlaw.gov.au/
Victorian Acts and Regulations are available from ‘Victorian Legislation and Parliamentary Documents’. Go to: http://www.legislation.vic.gov.au/. Click on Victorian Statute Book, then ‘Victorian Acts’, click on ‘Search Acts’ and then type name of Act, scroll down to locate the Act, double click to open a new page with an option to download a Word Document or a PDF file.
A range of legislation is applicable to all staff and students. In order to comply with regulatory requirements, AEA must inform you during orientation, of your legislative obligations. They are as follows:
- Equal Opportunity Act 2010, Racial, and Religious Tolerance act 2001: In Victoria, racial discrimination is unlawful in the areas of education, employment, goods and services, accommodation and land, sport and local government. For the purposes of the Victorian Act, “race” includes colour, nationality or national origin, descent, ancestry, and ethnic origin or ethnicity. The Act also makes it unlawful to discriminate against a person on the ground that the person has a relative or associate who is of a particular race. Racial and religious vilification is also unlawful in Victoria. The most serious forms of racial and religious vilification are a criminal offence.
- Education Services for Overseas Students Act 2000 (ESOS Act): This Act applies to students in that it mandates certain policies, procedures and actions by the Institute. For example, the Act requires AEAto report those students who have not met student visa conditions relating to attendance and academic performance to Department of Immigration and Citizenship (DIAC). Students are to be advised that such policies and procedures are not subject to the discretion of the Institute and are required by law.
- National Vocational Education and Training Regulator act 2011: This act was established to ensure quality VET standards and regulation and to strengthen Australia’s international VET sector.
- National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007: This Act provides nationally consistent standards for the conduct of registered providers and the registration of their courses.
- Migration Act 1958: This Act applies to students in that it allows the Immigration Department to automatically cancel a student visa 28 days after a notice is sent to the student under Section 20 of the ESOS Act if the student has not visited DIAC. Students are to be advised that they must visit DIAC within 28 days of a Section 20 notice if they wish to remain on their student visa.
- Occupational Health and Safety Act 2000: This Act applies to students in that it mandates certain policies, procedures and actions by AEA. For example, the Act requires AEA to ensure that students are provided with safe areas for training and assessment while on the premises. Students are to be advised that such policies and procedures are not subject to the discretion of the Institute and are required by law.
- Vocational Education and Training Act 1990: This Act applies to students, in that it mandates certain policies, procedures and actions by AEA. For example, the Act requires in certain circumstances that AEA provide certain government bodies with information the Institute has regarding a student.
It is the responsibility of all staff to ensure the requirements of relevant legislation are met at all times. Use the web sites indicated, or contact the Training Manager if you require further information