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How do we know when the Policy Drafts become legislation?

Writer's picture: Specialised VET ServicesSpecialised VET Services
The VET sector is awaiting the revised Standards for RTOs

While we're waiting on the revised Standards for RTOs, here's some information to think about:


The Standards for RTOs 2015 is a legislative instrument made under the National Vocational Education and Training Regulator Act 2011 (NVR Act 2011)


Assuming the revised Standards for RTOs will also be a legislative instrument (no reason at this point to suspect not), the following applies:


  • Legislative instruments are laws

  • Legislative instruments are not enforceable unless registered

  • 'Registered' means "An item is registered when it is published on the Federal Register of Legislation for the first time" (See the definition)

  • Under the Legislation Act 2003, all legislative instruments must be registered on the Federal Register of Legislation (See the rules about legislative instruments)

  • If it's not registered as a legislative instrument i.e.. not on the register, it's not law

  • Legislative instruments are not enforceable unless registered


Flow chart and fact sheet from the Australian Government Office of Parliamentary Counsel
Legislative Instrument Fact Sheet and Flow Chart

Right now, the VET sector has access to 'Final Policy Draft' versions of the proposed change to the Standards for RTOs. 

Screen shots of the covers of the Policy Draft documents to comprise the draft revised Standards for RTOs: Outcome Standards, Credential Policy, Compliance Requirements
Only Policy Drafts are in place - not yet a legislative instrument

Contrary to some 'advice' in the sector right now, these are NOT legislated, they are NOT legislative instruments, they are NOT on the Federal Register, they are NOT law. Yet.


So when will we know when the revised SRTOs become a legislative instrument? When they are published on the Federal Register of Legislation.


PS. See also this about 'Making and registration of legislative instruments' (also known as delegated or subordinate legislation).

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