Contents
Preliminary
3 Authority#
This instrument is made under subsections 53(3) and 53(9) of the Student Identifiers Act 2014.
4 Definitions#
Note: A number of expressions used in this instrument are defined in section 4 of the Act, including the following:
(b) registered training organisation;
(c) Registrar;
(d) student identifier;
(e) VET.
In this instrument:
Australian citizen has the same meaning as in the Australian Citizenship Act 2007.
AVETMISS has the same meaning as in the National VET Data Policy.
National VET Data Policy means the document by that name, endorsed by the Ministerial Council, as in force on the date of commencement of this instrument.
Note: The National VET Data Policy could in 2026 be viewed on the Department of Employment and Workplace Relations website.
National VET Provider Collection has the same meaning as in the National VET Data Policy.
VET Data Provision Exemptions Policy has the same meaning as in the Data Provision Requirements.
VET Data Provision Requirements has the meaning given by section 187 of the National Vocational Education and Training Regulator Act 2011.
VET qualification has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
VET statement of attainment has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
VET student has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
VET student loan has the same meaning as in the VET Student Loans Act 2016.
visa holder has the same meaning as in the Migration Act 1958.
Exemptions
6 Purpose of Part 2#
This part sets out, for the purposes of subsection 53(3) of the Act, the exemptions specified by the Commonwealth Minister in relation to the prohibition in subsection 53(1) on a registered training organisation issuing a VET qualification or VET statement of attainment to an individual who has not been assigned a student identifier.
7 Exemptions#
Subsection 53(1) of the Act does not apply in relation to:
(a)a registered training organisation, where the following sections in the National VET Data Policy provide that the registered training organisation is exempt from the requirement to collect and submit AVETMISS compliant data to the National VET Provider Collection:
(i)sections 5.3 and 5.4 (National security, border protection and policing exemption); or
(ii)sections 5.5 and 5.6 (Delivery of emergency or safety community services exemption); or
(ab) a registered training organisation that has an exemption from the requirement to report data under section 6A of the Data Provision Requirements if:
(b)an individual who:
(i)is not an Australian citizen or visa holder and has completed outside of Australia, all the requirements to be issued the VET qualification or VET statement of attainment; or
(ii)has completed all the requirements for the VET qualification or VET statement of attainment before 1 January 2015.
Exemptions given by Registrar
8 Purpose of Part 3#
This part sets out, for the purposes of subsection 53(7) of the Act, the matters that the Registrar is to have regard to when making a decision on an individual’s request for an exemption from the prohibition in subsection 53(1) of the Act on a registered training organisation issuing a VET qualification or VET statement of attainment to an individual who has not been assigned a student identifier.
9 Matters to consider for exemptions given by Registrar#
When making a decision under subsection 53(6) of the Act, the matters to which the Registrar must have regard under subsection 53(7) of the Act are as follows:
(a)the purpose of VET students being assigned student identifiers;
(b)the impact of not being assigned a student identifier on the individual;
(c)whether the individual will, or is likely to, apply for VET student loan or other financial assistance for which having a student identifier is a requirement; and
(d)whether the individual understands the consequences of not being assigned a student identifier, including that the individual will not be eligible for a VET student loan where an application for the loan is made on or after 1 January 2021.
Application and transitional provisions
10 Request for exemptions before, on or after commencement of this instrument#
(1)Section 9 of this instrument applies in relation to the Registrar’s consideration of a request on or after the commencement of this instrument, regardless of when the request was made to the Registrar under subsection 53(5) of the Act.
(2)Despite the repeal of the Student Identifiers (Exemptions) Instrument 2018 by Schedule 1 to this instrument, subsection 53(1) of the Act shall continue to not apply in relation to an individual who met the conditions in paragraph 8(c) of the Student Identifiers (Exemptions) Instrument 2018 before the commencement of this instrument.
(3)The amendments to this instrument made by the Student Identifiers (VET Exemptions) Amendment (Data Streamlining) Instrument 2026 apply to a registered training organisation on and from the day that the amendments made by the National Vocational Education and Training Regulator (Data Provision Requirements) Amendment (Data Streamlining) Instrument 2026 (the DPR Amending Instrument) apply to that registered training organisation.
Note: Part 5 of the Data Provision Requirements will, from the day the DPR Amending Instrument commences, set out when the amendments made by the DPR Amending Instrument apply to a registered training organisation.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.