Michaelia Cash (WA, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Hansard source

by leave—I move opposition amendments (1) to (3) on sheet 2380 together:

(1) Schedule 1, item 22, page 11 (after line 16), after subsection 231C(1), insert:

(1A) The day specified in an instrument made under subsection (1) must not be later than 12 months after the day the instrument commences.

Note: While an instrument made under subsection (1) cannot be varied to specify a day that is later than 12 months after the instrument commences, the Minister can make another instrument.

(2) Schedule 1, item 22, page 11 (after line 25), after subsection 231C(3), insert:

(3A) The day specified in an instrument made under subsection (3) must not be later than 12 months after the day the instrument commences.

Note: While an instrument made under subsection (3) cannot be varied to specify a day that is later than 12 months after the instrument commences, the Minister can make another instrument.

(3) Schedule 1, item 22, page 12 (after line 17), after subsection 231D(1), insert:

(1A) The day specified in an instrument made under subsection (1) must not be later than 12 months after the day the instrument commences.

Note: While an instrument made under subsection (1) cannot be varied to specify a day that is later than 12 months after the instrument commences, the Minister can make another instrument.

This amendment seeks to enshrine a 12-month time limit for any instrument made by the minister which would seek to pause the registration of new registered training organisations. Based on the consultation that we've had, we believe that this is probably the most significant change proposed by this bill. It enables the Minister for Skills and Training to seek to directly control market entry of new registered training organisations. The new power also allows the minister to direct the national VET regulator, the Australian Skills Quality Authority, by legislative instrument to pause the registration of a new registered training organisation. I note that the legislation provides that this does need to be agreed with state and territory skills ministers, nevertheless it is a significantly new power that we are agreeing to in this bill. As I said, the opposition has been out there consulting with the sector, and the minister has had discussions with the shadow minister about how we can improve the legislation. Again, I thank the government for indicating that they will support the amendment, as the minister said in his speech. The first one was passed to ensure transparency, and this one is now being passed to put in place the time limit.

In terms of the amendment though, we will be seeking to mandate that a determination to pause the registration of a new training organisation be in place for a defined period of time. The reason that we are doing that is to ensure, again, that it does not become a de facto ban. We wanted any pause to be no longer than 90 days. The government, during the negotiations, had said that their preference was for a 24-month period. Again, based on negotiations, the government and the opposition have come to the agreement that we could settle on a one-year time frame. I think, after working with the government, the amendment does now improve the legislation, and I thank the Senate for its support.