Footnotes

Chapter 1 - Introduction

[1]        Recommendations 20 and 43, Professor Denise Bradley AC, et al, Review of Higher Education – Final Report, December 2008.

[2]        Communiqué for the Ministerial Council for Tertiary Education and Employment Meeting, 20 November 2009, http://www.deewr.gov.au/Skills/Overview/Governance/Pages/Ministerial_Council.aspx.

[3]        Communiqué for the Council of Australia Governments' Meeting, 7 December 2009, p. 1, http://www.coag.gov.au/coag_meeting_outcomes/archive.cfm.

[4]        Communiqué for the Council of Australia Governments' Meeting, 13 February 2011, p. 4, http://www.coag.gov.au/coag_meeting_outcomes/2011-02-13/index.cfm?CFID=3805391&CFTOKEN=37051611.

[5]        Communiqué for the Council of Australia Governments' Meeting, 7 December 2009, p. 5, http://www.coag.gov.au/coag_meeting_outcomes/archive.cfm.

[6]        Communiqué for the Council of Australia Governments' Meeting, 7 December 2009, p. 5 http://www.coag.gov.au/coag_meeting_outcomes/archive.cfm.

[7]        Government of Victoria, Submission 18, p. 1.

[8]        Communiqué for the Council of Australia Governments' Meeting, 7 December 2009, p. 5, http://www.coag.gov.au/coag_meeting_outcomes/archive.cfm; Department of Education, Employment and Workplace Relations, National VET Regulator – Overview, http://www.deewr.gov.au/skills/overview/policy/nationalvetregulator/pages/overview.aspx, viewed 21 February 2011.

[9]        The Hon Simon Crean MP, Minister for Education, 'Improving the quality of higher education in the VET sector', Media release, 6 July 2010.

[10]      Australian Government, Budget measures: budget paper no. 2: 2010-11, 2010, p. 151.

[11]      Explanatory Memorandum, National Vocational Education and Training Regulator Bill 2010 [2011], p. 3.

[12]      The Hon Simon Crean MP, Minister for Education, 'Improving the quality of higher education in the VET sector', Media release, 6 July 2010.

[13]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest 1/11, 9 February 2011, pp. 20-29.

[14]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest 1/11, 9 February 2011, p. 30.

[15]      Senate Standing Committee for the Scrutiny of Bills, Second Report of 2011, pp. 59 - 86.

[16]      Senator the Hon. Joe Ludwig, Minister for Agriculture, Fisheries and Forestry, Senate Hansard, 26 November 2010, pp. 2379-2380.

[17]      Senator the Hon. Jan McLucas, Parliamentary Secretary for Disabilities and Carers, Senate Proof Hansard, pp. 33-34.

[18]      Explanatory Memorandum, National Vocational Education and Training Regulator Bill 2010, p. 2.

[19]      Department of Education, Employment and Workplace Relations, Submission 7, p. 2.

[20][20]   Parliament of New South Wales, Vocational Education and Training (Commonwealth Powers) Bill 2010, http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/131a07fa4b8a041cca256e610012de17/369f8ac5a0f6539eca2577e5003ac314?OpenDocument (accessed 17 March 2011).

[21]      Section 6, Vocational Education and Training (Commonwealth Powers) Act 2010.

[22]      Andrew Lynch, ‘After a Referral: The Amendment and Termination of Commonwealth Laws relying on s 51(xxxvii)', Sydney Law Review, vol. 32, p. 375.

[23]      Senate Standing Committee for the Scrutiny of Bills, Second Report of 2011, p. 61.

[24]      Mark Tapley, Corporations Bill 2001, Bills Digest, no 140, 2000-01, Parliamentary Library, Canberra, 2001, http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2FJ4746%22, accessed 17 March 2011.

Chapter 2 - General issues

[1]        NSW Government, Submission 19, p. 2.

[2]        Minerals Council of Australia, Submission 7, p. 2.

[3]        ACTU, Proof Committee Hansard, 7 March 2011, p. 8.

[4]        ACPET, Submission 5, p. 1.

[5]        Minerals Council of Australia, Submission 7, p. 2.

[6]        For example, EE-Oz Training Standards, Submission 15, p. 1.

[7]        ACTU, Submission 10, p. 3.

[8]        Master Builders Association, Submission 2, p. 1.

[9]        ACCI, Submission 14, p. 1.

[10]      ACTU, Submission 10, p. 4.

[11]      ACCI, Proof Committee Hansard, 7 March 2011, p. 22.

[12]      Mr Brown, Director, Education and Training Regulation, Western Australian Department of Education Services, Proof Committee Hansard, 9 March 2011, p. 7.

[13]      AEU and TAFE Directors Association, Submission 11, p. 1.

[14]      Ms Simmons, TAFE Directors Australia, Proof Committee Hansard, 7 March 2011, p. 23.

[15]      Ms Forward, AEU, Proof Committee Hansard, 7 March 2011, pp 24–25.

[16]      DEEWR, Submission 7, p. 7.

[17]      DEEWR, Submission 7, p. 7.

[18]      Ms Forward, AEU, Proof Committee Hansard, 7 March 2011, p. 25.

[19]      Ms Quagliata, DEEWR, Proof Committee Hansard, 7 March 2011, p. 43.

[20]      DEEWR, Answers to Questions on Notice, 7 March 2011 (received 17 March 2011), p. 1.

[21]      AMWU, Submission 8, p. 3; ACTU, Submission 10, p. 7; AEU and TAFE Directors Association, Submission 11, p. 1

[22]      ACTU, Submission 10, p. 7.

[23]      Exposure Draft of the Tertiary Education Quality and Standards Agency Bill 2010, clause 3, http://www.deewr.gov.au/HigherEducation/Policy/teqsa/Documents/TEQSABill2011.pdf, accessed 17 March 2011.

[24]      AEU and TAFE Directors Association, Submission 11, p. 1.

[25]      Ms Quagliata, DEEWR, Proof Committee Hansard, 7 March 2011, p. 41.

[26]      Senate Hansard, 26 November 2010, p. 2380.

[27]      Minerals Council of Australia, Submission 7, p. 2.

[28]      ACCI, Submission 14, p. 1.

[29]      AMWU, Submission 8, p. 4.

[30]      ACTU, Submission 10, p. 5; Manufacturing Skills Australia, Submission 9, p. 3; EE-Oz Training Standards, Submission 15, p. 2.

[31]      Government of Victoria, Submission 18, p. 5.

[32]      Ms Quagliata, DEEWR, Proof Committee Hansard, 7 March 2011, p. 44.

[33]      DEEWR, Answers to Questions on Notice, 7 March 2011 (received 11 March 2011), p. 10.

[34]      Ms Quagliata, DEEWR, Proof Committee Hansard, 7 March 2011, p. 46.

[35]      Enterprise RTO Association, Submission 12, p. 1.

[36]      AEU and TAFE Directors Association, Submission 11, p. 1.

[37]      AMWU, Submission 8, p. 5.

[38]      ACCI, Submission 14, p. 4.

Chapter 3 - Offences, civil penalties and entry, search and seizure powers

[1]        Explanatory Memorandum, National Vocational Education and Training Regulator Bill 2010, p. 2.

[2]        DEEWR, Submission 7, p. 4.

[3]        DEEWR, Answers to Questions on Notice, 8 March 2011 (received 11 March 2011), p. 1.

[4]        ACCI, Submission 14, p. 2; ACTU, Submission 10, p. 3; EE-Oz training standards, Submission 15, p. 2; Minerals Council of Australia, Submission 6, p. 2.

[5]        Minerals Council of Australia, Submission 6, p. 2.

[6]        EE-Oz Training Standards, Submission 15, p. 2. Skills Australia also endorsed strong regulatory powers for the National VET Regulator (Submission 17, p. 1.)

[7]        Surf Life Saving Australia, Submission 20, p. 2.

[8]        ACCI, Submission 14, p. 2.

[9]        Master Builders Australia, Submission 2, p. 1.

[10]      Mr John Smyth, Interim CEO, National VET Regulator, Department of Education, Employment and Workplace Relations, Proof Hansard, 7 March 2011, pp. 43­–44.

[11]      AMWU, Submission 8, p. 4.

[12]      ACCI, Submission 14, p. 2.

[13]      ACCI, Answer to Questions on Notice, 7 March 2011 (received 10 March 2011), p. 2.

[14]      DEEWR, Answers to Questions on Notice, 8 March 2011 (received 11 March 2011), p. 1.

[15]      DEEWR, Answers to Questions on Notice, 8 March 2011 (received 11 March 2011), p. 4.

[16]      The Hon Bruce Baird, Stronger, simpler smarter ESOS: supporting international students, February 2010, p. 22.

[17]      DEEWR, Answers to Questions on Notice, 8 March 2011 (received 11 March 2011), p. 1.

[18]      DEEWR, Answers to Questions on Notice, 8 March 2011 (received 11 March 2011), pp. 2–3.

[19]      DEEWR, Answers to Questions on Notice, 8 March 2011 (received 11 March 2011), p. 2.

[20]      Clause 103, clause 105, National Vocational Education and Training Regulator Bill 2010 [2011].

[21]      Master Builders Australia, Submission 2, p. 2.

[22]      Commonwealth Attorney-General's Department, A guide to framing Commonwealth offences, civil penalties and enforcement powers, December 2007, p. 15.

[23]      DEEWR, Answers to Questions on Notice, 8 March 2011 (received 11 March 2011), p. 2.

[24]      Attorney-General's Department, A guide to framing Commonwealth offences, civil penalties and enforcement powers, pp. 36–37.

[25]      DEEWR, Answers to Questions on Notice, 8 March 2011 (received 11 March 2011), p. 6.

[26]      Explanatory Memorandum, National Vocational Education and Training Regulator Bill 2010 [2011], pp. 76–77.

[27]      Attorney-General's Department, A guide to framing Commonwealth offences, civil penalties and enforcement powers, Chapter 6, pp 50–61.

[28]      DEEWR, Answers to Questions on Notice, 8 March 2011 (received 11 March 2011), p. 8.

[29]      Senate Standing Committee for the Scrutiny of Bills, Report 2 of 2011, pp. 69–70.

[30]      ACTU, Submission 10, p. 6.

[31]      ACTU, Submission 10, pp. 6–7, Master Builders Australia, Submission 2, p. 2.

[32]      ACTU, Submission 10, p. 7.

[33]      Attorney-General's Department, A guide to framing Commonwealth offences, civil penalties and enforcement powers, p. 65.

[34]      DEEWR, Answers to Questions on Notice, 8 March 2011 (received 11 March 2011), p. 7.

[35]      DEEWR, Answers to Questions on Notice, 8 March 2011 (received 11 March 2011), p. 7.

[36]      DEEWR, Answers to Questions on Notice, 8 March 2011 (received 11 March 2011), p. 7.

[37]      For example, ACTU, Submission 10, pp. 6–7.

[38]      Mr Joel Fetter, Policy and Industrial Officer, ACTU, Proof Hansard, 7 March 2011, p. 9.

[39]      Mr Joel Fetter, Proof Hansard, 7 March 2011, p. 9.

[40]      Clause 62, National Vocational Education and Training Regulator Bill 2010 [2011].

[41]      Clause 62, National Vocational Education and Training Regulator Bill 2010 [2011].

[42]      Division 2, Part 5, National Vocational Education and Training Regulator Bill 2010 [2011].

[43]      Clause 71, National Vocational Education and Training Regulator Bill 2010 [2011].

[44]      Mr Tim Shipstone, Industrial Officer, ACTU, Proof Hansard, 7 March 2011, p. 9.

[45]      Mr Joel Fetter, Proof Hansard, 7 March 2011, p. 9.

[46]      Surf Life Saving Australia, Submission 20, p. 2.

[47]      Rule of Law Institute of Australia, Supplementary Submission, pp. 2–3.

[48]      Rule of Law Institute of Australia, Supplementary 22, p. 2.

[49]      ACCI, Answer to Questions on Notice, 7 March 2011 (received 10 March 2011), p. 2.

[50]      ACCI, Answer to Questions on Notice, 7 March 2011 (received 10 March 2011), pp. 4–13.

[51]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest 1/11, 9 February 2011, pp. 20-30; Senate Standing Committee for the Scrutiny of Bills, Second Report of 2011, pp. 59–86.

Chapter 4 - Concerns raised by Victoria and Western Australia

[1]        Government of Victoria, Submission 18, p. 5.

[2]        Government of Victoria, Submission 18, p. 1.

[3]        Government of Victoria, Submission 18, p. 1.

[4]        Government of Victoria, Submission 18, p. 3.

[5]        Government of Victoria, Submission 18, p. 3.

[6]        Government of Victoria, Submission 18, p. 4.

[7]        Government of Victoria, Submission 18, p. 5.

[8]        Department of Education, Employment and Workplace Relations, Answers to Questions on Notice, 7 March 2011 (received 11 March 2011), p. 9.

[9]        Government of Victoria, Submission 18, p. 5.

[10]      Government of Victoria, Submission 18, p. 4.

[11]      Government of Victoria, Submission 18, p. 4.

[12]      Government of Victoria, Submission 18, p. 5.

[13]      Department of Education, Employment and Workplace Relations, Answers to Questions on Notice, 7 March 2011 (received 11 March 2011), p. 10.

[14]      Government of Victoria, Submission 18, p. 5.

[15]      Government of Victoria, Submission 18, p. 5.

[16]      Government of Victoria, Submission 18, p. 6.

[17]      Government of Victoria, Submission 18, p. 6.

[18]      Department of Education, Employment and Workplace Relations, Answers to Questions on Notice, 7 March 2011 (received 11 March 2011), p. 10.

[19]      Government of Victoria, Submission 18, p. 5.

[20]      Department of Education, Employment and Workplace Relations, Answers to Questions on Notice, 7 March 2011 (received 11 March 2011), p. 10.

[21]      The Hon Peter Collier MLC, Minister for Energy; Training and Workforce Development; Indigenous Affairs, Submission 16, p. 1.

[22]      Mr Mark Brown, Director, Department of Education Services, Western Australian Government, Proof Hansard, 9 March 2011, p. 3.

[23]      Mr Mark Brown, Proof Hansard, 9 March 2011, p. 6.

[24]      Mr Mark Brown, Proof Hansard, 9 March 2011, p. 6.

[25]      Mr Mark Brown, Proof Hansard, 9 March 2011, p. 2.

[26]      The Hon Peter Collier MLC, Submission 18, p. 1.

[27]      Mr Mark Brown, Proof Hansard, 9 March 2011, pp. 5-6.

[28]      Ms Stephanie Trestrail, Assistant Director, Department of Education Services, Western Australian Government, Proof Hansard, 9 March 2011, p. 4.

[29]      Ms Stephanie Trestrail, Proof Hansard, 9 March 2011, pp. 2 – 3.

Coalition Senators' Dissenting report

[1]        Communiqué for the Council of Australia Governments' Meeting, 7 December 2009, p. 5, http://www.coag.gov.au/coag_meeting_outcomes/archive.cfm.

[2]        Mr Mark Brown, Director, Department of Education Services, Western Australian Government, Proof Hansard, 9 March 2011, p. 2.

[3]        The Hon Peter Collier MLC, Minister for Energy; Training and Workforce Development; Indigenous Affairs, Submission 16, p. 1.

[4]        Mr Mark Brown, Western Australian Government, Proof Hansard, 9 March 2011, p. 3.

[5]        The Hon Peter Collier MLC, Minister for Energy; Training and Workforce Development; Indigenous Affairs, Submission 16, p. 1.

[6]        Government of Victoria, Submission 18, p. 3.

[7]        Government of Victoria, Submission 18, p. 3.

[8]        Government of Victoria, Submission 18, pp. 4-5.

[9]        Government of Victoria, Submission 18, pp. 5 – 6.

[10]       Government of Victoria, Submission 18, p. 6.

[11]       Government of Victoria, Submission 18, p. 6.

[12]       Senator Evans, quoted in Senate Standing Committee for the Scrutiny of Bills, Second Report of 2011, p. 61.

[13]       DEEWR, Answers to Questions on Notice, 7 March 2011 (received 17 March 2011), p. 2.

[14]       Ms Quagliata, DEEWR, Proof Committee Hansard, 7 March 2011, p. 41.

[15]       Attorney-General's Department, A guide to framing Commonwealth offences, civil penalties and enforcement powers.

[16]       Senate Standing Committee for the Scrutiny of Bills, Second Report of 2011, p. 59. 1. Clause 62 permits authorised officers acting for the National VET Regulator to request a person who is or was connected with an RTO to provide the regulator documents or things. Under clause 64, failure to do so is an offence. Similarly, subclause 71(2) permits an authorised officer acting pursuant to a warrant to require persons on the premises to answer any questions and produce any documents. Under subclause 72(3) failure to do so is an offence. Clause 68 provides authorised officers enforcement powers, including the power to seize evidential material not specified in the warrant where the officer ‘believes on reasonable grounds that it is necessary to seize the thing in order to prevent its concealment, loss or destruction’. Clause 70 permits an authorised officer to use reasonable and necessary force in executing the warrant. Clause 85 permits the use of monitoring warrants.

[17]       Senate Standing Committee for the Scrutiny of Bills, Second Report of 2011, pp. 72 – 81.

[18]       Senate Standing Committee for the Scrutiny of Bills, Second Report of 2011, p. 74.

[19]       Senate Standing Committee for the Scrutiny of Bills, Second Report of 2011, p. 77.

[20]       ACCI, Answers to Questions on Notice, 7March 2011 (received 10 March 2011), pp. 4 – 13.

[21]       AEU and TAFE Directors Association, Submission 11, p. 1.