AMSA MO 2013/11
Marine Order 506 (Approval of training organisations — national law) 2013
I, Graham Peachey, Chief Executive Officer of the Australian Maritime Safety Authority (the National Marine Safety Regulator under section 9 of the Marine Safety (Domestic Commercial Vessel) National Law), make this Order under subsection 163(1) of the Marine Safety (Domestic Commercial Vessel) National Law.
21 June 2013
Graham Peachey
Chief Executive Officer
Division 1 Preliminary....................................................................................... 3
1 Name of Order............................................................................................... 3
2 Commencement............................................................................................. 3
3 Purpose......................................................................................................... 3
4 Power............................................................................................................ 3
5 Definitions..................................................................................................... 3
6 Applications under this Order.......................................................................... 3
7 Decisions of the National Regulator................................................................ 4
8 Approved training organisation database......................................................... 4
Division 2 Requirements................................................................................. 4
9 Form of application........................................................................................ 4
10 Criteria for approval of training organisation.................................................... 4
11 General conditions on approval of training organisation................................... 5
12 Term of approvals issued............................................................................... 5
13 Criteria for suspension or revocation of approval............................................. 6
Division 1 Preliminary
1 Name of Order
This Order is Marine Order 506 (Approval of training organisations — national law) 2013.
2 Commencement
This Order commences on 1 July 2013.
3 Purpose
The purpose of this Order is to provide for the approval of training organisations.
4 Power
(1) Subsection 159(1) of the national law provides for regulations to be made prescribing matters required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to the national law.
(2) Paragraph 160(1)(b) of the national law provides that the regulations may prescribe matters relating to the approval of training organisations.
(3) Subsection 163(1) of the national law provides that the National Regulator may make a Marine Order for any matter for which provision must or may be made by regulations, other than for matters mentioned in the section.
5 Definitions
In this Order:
approved training organisation database — see section 8.
Maritime Training Package means the Maritime Training Package developed by the Transport and Logistics Industry Skills Council first published August 2001 and as in force from time to time.
Note 1 See http://www.tlisc.com.au/training-packages/maritime-training/.
Note 2 Some terms used in this Order are defined in Marine Order 501 (Administration — national law) 2012, including:
· national law.
Note 3 Other terms used in this Marine Order have the same meaning that they have in the national law, including:
· National Regulator.
6 Applications under this Order
(1) A person may apply under this Order for:
(a) an approval of an organisation as a training organisation; or
(b) a variation of an approval of an organisation as a training organisation.
(2) An application under this Order must be made in accordance with Marine Order 501 (Administration — national law) 2013.
7 Decisions of the National Regulator
The National Regulator may, in writing:
(a) approve an organisation as a training organisation; or
(b) suspend, vary or revoke the approval of an organisation as a training organisation.
Note A decision is reviewable in accordance with the review process mentioned in Marine Order 501 (Administration — national law) 2013.
8 Approved training organisation database
(1) The National Regulator is to maintain the approved training organisation database.
(2) The database is to include information about each approved training organisation.
Division 2 Requirements
9 Form of application
An application under this Order must:
(a) comply with section 9 of Marine Order 501 (Administration — national law) 2013; and
(b) for an application for variation of an approval of an organisation as a training organisation — include a copy of the approval.
10 Criteria for approval of training organisation
For paragraph 160(1)(b) of the national law, an organisation may be approved as a training organisation only if:
(a) the organisation is registered with the Australian Skills Quality Authority or the Tertiary Education Quality and Standards Agency; and
(b) for a corporation — it is not in liquidation or insolvency administration; and
(c) for an individual — he or she is not bankrupt; and
(d) the organisation has told the National Regulator of the kind of training or assessment it is to deliver; and
(e) the organisation is to deliver training or assessment of a kind that is within the scope of its Australian Skills Quality Authority or Tertiary Education Quality and Standards Agency registration; and
(f) the organisation has told the National Regulator about any proposed partnership or subcontracting arrangements for the delivery of training or assessment on its behalf; and
(g) the organisation has told the National Regulator the names of each trainer and assessor who is to deliver training or assessment for the organisation; and
(h) each person who is to deliver training or assessment for the organisation has a certificate of competency, appropriate for the kind of training or assessment being delivered, issued under section 60 of the national law.
Note See the website at http://www.asqa.gov.au for information about the Australian Skills Quality Authority.
11 General conditions on approval of training organisation
It is a condition of approval of a training organisation that the organisation:
(a) remain registered with the Australian Skills Quality Authority or the Tertiary Education Quality and Standards Agency; and
(b) for a corporation — not go into liquidation or insolvency administration; and
(c) for an individual — not become bankrupt; and
(d) provide training and assessment for the qualifications mentioned in the approval only in accordance with the approval and the scope of its Australian Skills Quality Authority or Tertiary Education Quality and Standards Agency registration; and
(e) ensure training and assessments are delivered in accordance with the Maritime Training Package and any guidelines issued by the National Regulator for this purpose as in force from time to time; and
(f) comply with the reporting and record keeping requirements determined by the National Regulator as in force from time to time; and
(g) ensure its trainers and assessors comply with the National Quality Council training and assessment competencies; and
(h) have processes in place to ensure its trainers and assessors continue to develop their vocational education and training (VET) knowledge and skills and maintain the currency of their industry skills; and
(i) not advertise the training and assessments it provides as being endorsed or approved in any way by the National Regulator; and
(j) cooperate with any audit investigation of the organisation by the National Regulator; and
(k) give the National Regulator any information it requests for an audit; and
(l) comply with any corrective action recommended by the National Regulator after an audit within the timeframe decided by the National Regulator after consultation with the organisation; and
(m) tell the National Regulator about the following:
(i) any proposed partnership or subcontracting arrangement for the delivery of training or assessment on behalf of the organisation;
(ii) any change made to the method of delivery of training or assessment by the organisation that may require a change or addition to be made to the information set out in the written approval of the organisation; and
(n) comply with any condition imposed on the approval by the National Regulator.
Examples for subparagraph (m)(ii)
Changes to information originally provided about training locations, new trainers, new training delivery methodology (eg distance learning).
12 Term of approvals issued
(1) An approval of an organisation as a training organisation:
(a) comes into force on the day it is issued; and
(b) expires on the day 6 months after it is issued.
(2) However, on application by the training organisation, the National Regulator may extend the term of an approval for up to 3 years if it is satisfied with the level of compliance by the organisation with the conditions of the approval.
(3) The term of an approval may be extended under subsection (2) more than once.
13 Criteria for suspension or revocation of approval
The National Regulator may suspend or revoke the approval of an organisation as a training organisation if it considers that:
(a) the organisation does not meet a condition of approval mentioned in section 10; or
(b) the organisation does not meet a condition imposed on the approval by the National Regulator; or
(c) the National Regulator does not approve a partnership or subcontracting arrangement for the delivery of training or assessment on behalf of an organisation about which it has been told.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
