Hon Peter Collier questions the authorisation of TAFE fee-for-service programs. Hon Jon Ford responds, acknowledging a past issue identified by the Auditor General and detailing a delegation of authority to college managing directors in April 2006 to rectify the situation.

AnsweredQoN 316Legislative Council
Asked
23 May 2006
Portfolio
Education and Training

QuestionView source ↗

TAFE COLLEGES - FEE-FOR-SERVICE TRAINING PROGRAMS
(1) Will the minister please explain why fee-for-service programs delivered by TAFE colleges have not been authorised by the minister, as required by the Vocational Education and Training Act 1996? If not, why not? (2) As fee-for-service training programs at TAFE colleges are currently being delivered without legislative authority, when will the minister ensure that the relevant legislative provisions are corrected? Hon JON FORD

AnswerView source ↗

I thank the member for some notice of the question. The Minister for Education and Training has supplied the following answer - (1) Since 2001, TAFE colleges have provided fee-for-service training programs in accordance with the terms contained in the Ministerial Guidelines Vocational Education and Training Act 1996 Public Training Providers (Commercial Activity) Guidelines 2001. In 2005, the Auditor General sought and obtained legal advice that the guidelines did not constitute the minister’s authorisation for the delivery of fee-for-service training programs. (2) In April 2006, the power conferred on the minister under section 37(1)(b) of the Vocational Education and Training Act 1996 to approve fee-for-service courses, delegated to the Director General of the Department of Education and Training under the Delegation (Director General) Instrument 2005, was sub-delegated to the managing directors of colleges established under section 25 of the Vocational Education and Training Act 1996.
(2) As fee-for-service training programs at TAFE colleges are currently being delivered without legislative authority, when will the minister ensure that the relevant legislative provisions are corrected? Hon JON FORD replied: I thank the member for some notice of the question. The Minister for Education and Training has supplied the following answer - (1) Since 2001, TAFE colleges have provided fee-for-service training programs in accordance with the terms contained in the Ministerial Guidelines Vocational Education and Training Act 1996 Public Training Providers (Commercial Activity) Guidelines 2001. In 2005, the Auditor General sought and obtained legal advice that the guidelines did not constitute the minister’s authorisation for the delivery of fee-for-service training programs. (2) In April 2006, the power conferred on the minister under section 37(1)(b) of the Vocational Education and Training Act 1996 to approve fee-for-service courses, delegated to the Director General of the Department of Education and Training under the Delegation (Director General) Instrument 2005, was sub-delegated to the managing directors of colleges established under section 25 of the Vocational Education and Training Act 1996.
Hon JON FORD replied: I thank the member for some notice of the question. The Minister for Education and Training has supplied the following answer - (1) Since 2001, TAFE colleges have provided fee-for-service training programs in accordance with the terms contained in the Ministerial Guidelines Vocational Education and Training Act 1996 Public Training Providers (Commercial Activity) Guidelines 2001. In 2005, the Auditor General sought and obtained legal advice that the guidelines did not constitute the minister’s authorisation for the delivery of fee-for-service training programs. (2) In April 2006, the power conferred on the minister under section 37(1)(b) of the Vocational Education and Training Act 1996 to approve fee-for-service courses, delegated to the Director General of the Department of Education and Training under the Delegation (Director General) Instrument 2005, was sub-delegated to the managing directors of colleges established under section 25 of the Vocational Education and Training Act 1996.
I thank the member for some notice of the question. The Minister for Education and Training has supplied the following answer - (1) Since 2001, TAFE colleges have provided fee-for-service training programs in accordance with the terms contained in the Ministerial Guidelines Vocational Education and Training Act 1996 Public Training Providers (Commercial Activity) Guidelines 2001. In 2005, the Auditor General sought and obtained legal advice that the guidelines did not constitute the minister’s authorisation for the delivery of fee-for-service training programs. (2) In April 2006, the power conferred on the minister under section 37(1)(b) of the Vocational Education and Training Act 1996 to approve fee-for-service courses, delegated to the Director General of the Department of Education and Training under the Delegation (Director General) Instrument 2005, was sub-delegated to the managing directors of colleges established under section 25 of the Vocational Education and Training Act 1996.
(1) Since 2001, TAFE colleges have provided fee-for-service training programs in accordance with the terms contained in the Ministerial Guidelines Vocational Education and Training Act 1996 Public Training Providers (Commercial Activity) Guidelines 2001. In 2005, the Auditor General sought and obtained legal advice that the guidelines did not constitute the minister’s authorisation for the delivery of fee-for-service training programs. (2) In April 2006, the power conferred on the minister under section 37(1)(b) of the Vocational Education and Training Act 1996 to approve fee-for-service courses, delegated to the Director General of the Department of Education and Training under the Delegation (Director General) Instrument 2005, was sub-delegated to the managing directors of colleges established under section 25 of the Vocational Education and Training Act 1996.
(2) In April 2006, the power conferred on the minister under section 37(1)(b) of the Vocational Education and Training Act 1996 to approve fee-for-service courses, delegated to the Director General of the Department of Education and Training under the Delegation (Director General) Instrument 2005, was sub-delegated to the managing directors of colleges established under section 25 of the Vocational Education and Training Act 1996.

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