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Law and Legislation

The following list of commonwealth and state legislations and regulations are applicable to all IHNA staff and students. Information on relevant legislation can be found through the links:

1. www.legislation.gov.au/:

www.legislation.gov.au/ is a government website that contains the full text of all recent Australian Government legislation, details of the lifecycle of individual laws and the relationships between them, and related documents.

2. These links below provide access to individual Australian state and territory legislation and information about legislation including those relevant to vocational education and training. [Website]

3. VET Quality Framework:

The delivery and administration of vocational education and training through compliance with National Vocational Education and Training Regulator Act 2011: http://www.comlaw.gov.au/Details/C2013C00307


The objects of this Act are:

  • to provide for national consistency in the regulation of vocational education and training (VET); and
  • to regulate VET using:
    • a standards based quality framework; and
    • risk assessments, where appropriate; and
  • to protect and enhance:
    • quality, flexibility and innovation in VET; and
    • Australia’s reputation for VET nationally and internationally; and
  • to provide a regulatory framework that encourages and promotes a VET system that is appropriate to meet Australia’s social and economic needs for a highly educated and skilled population; and
  • to protect students undertaking, or proposing to undertake, Australian VET by ensuring the provision of quality VET; and
  • to facilitate access to accurate information relating to the quality of VET. IHNA must ensure it complies with the conditions of its registration throughout the period of its registration. These conditions can include those that apply to all RTOs and are described within the National Vocational Education and Training Regulator Act 2011, and those imposed by ASQA on the registration of a particular RTO.
  • IHNA must:

    • comply at all times with the VET Quality Framework, which comprises:
      • the Standards for NVR Registered Training Organisations 2012, an essential mechanism for the regulation of vocational education and training (VET) against which applicants/RTOs are assessed. The standards guide nationally consistent, high-quality training and assessment services in the vocational education and training system.
      • the Australian Qualifications Framework (AQF), the quality assured national framework of qualifications in the school, vocational education and training, and higher education sectors in Australia.
      • the Data Provision Requirements 2012 that outline the requirements for registered training organisations (RTOs) to capture and provide data to ASQA.
      • the Fit and Proper Person Requirements 2011 that are designed to ensure that key registered training organisation (RTO) personnel have the characteristics and principles necessary to ensure the delivery of high-quality services and outcomes for VET graduates
      • the Financial Viability Risk Assessment Requirements 2011 that aim to ensure that a registered training organisation (RTO) has the necessary financial resources to operate as an ongoing concern and deliver quality training and/or assessment services throughout the registration period.
    • Notify ASQA (Australian Skills Quality Authority) of material changes
    • give ASQA information that is lawfully requested
    • cooperate with ASQA
    • comply with ASQA’s general directions
    • comply with any other conditions that ASQA may impose.

    4. Copyright:

    Copyright Act 1968 (https://www.legislation.gov.au/Details/C2013C00145) Copyright exists in works and other subject-matter by virtue of the Copyright Act 1968. The only exception to this is in relation to certain limited prerogative rights of the Crown in respect of copyright in Acts of Parliament.

    Regulations: The Copyright Regulations 1969 (http://www.comlaw.gov.au/Details/F2013C00206), the Copyright Tribunal (Procedure) Regulations 1969 (https://www.legislation.gov.au/Details/F2010C00753) and the Copyright (International Protection) Regulations 1969 (https://www.legislation.gov.au/Details/F2013C00711) specify matters related to the operation of the Copyright Act.

    Provisions under Part VB of The Copyright Act 1968 allow all educational institutions to copy and communicate third party material to distribute to students, within the limitations of the Statutory Education licence. The Copyright Agency Ltd (CAL) administers the Statutory Education licence on behalf of the Attorney General’s Department. Any RTO electing to rely on this licence is legally allowed to introduce a wide variety of material into its training environment, both in hardcopy and digital format, without having to obtain direct permission from the owner. It facilitates compliance and good governance across the industry, while at the same time ensuring the freedom and flexibility of sharing information without infringing copyright legislation. Without this licence an educational institution is generally not allowed to reproduce any third party material from any source, other than where there is a direct licence/subscription in place, or permission has been granted by the creator of the work.

    5. The Equal Employment Opportunity Acts

    These acts require certain authorities to promote equal opportunity in employment without any form of discrimination, harassment or victimisation.

    Commonwealth: The Equal Employment Opportunity Act 1987.


    VIC: Equal Opportunity Act 2010

    WA: Equal Opportunity Act 1984

    6. Health Practitioner Regulation National Law Acts

    IHNA has courses on its scope which leads to a national registration as a health practitioner. The purpose of this Act is to provide for the adoption of a national law to establish a national registration and accreditation scheme for health practitioners.

    Below are links to state wise versions of the Act;

    Objectives and guiding principles of the Act

    • The object of this Law is to establish a national registration and accreditation scheme for—
      • the regulation of health practitioners; and
      • the registration of students undertaking—
        • programs of study that provide a qualification for registration in a health profession; or
        • clinical training in a health profession.
    • The objectives of the national registration and accreditation scheme are—
      • to provide for the protection of the public by ensuring that only health practitioners who are suitably trained and qualified to practise in a competent and ethical manner are registered; and
      • to facilitate workforce mobility across Australia by reducing the administrative burden for health practitioners wishing to move between participating jurisdictions or to practise in more than one participating jurisdiction; and
      • to facilitate the provision of high quality education and training of health practitioners; and
      • to facilitate the rigorous and responsive assessment of overseas-trained health practitioners; and
      • to facilitate access to services provided by health practitioners in accordance with the public interest; and
      • to enable the continuous development of a flexible, responsive and sustainable Australian health workforce and to enable innovation in the education of, and service delivery by, health practitioners.
    • The guiding principles of the national registration and accreditation scheme are as follows—
      • the scheme is to operate in a transparent, accountable, efficient, effective and fair way;
      • fees required to be paid under the scheme are to be reasonable having regard to the efficient and effective operation of the scheme;
      • restrictions on the practice of a health profession are to be imposed under the scheme only if it is necessary to ensure health services are provided safely and are of an appropriate quality.

    7. ANMAC Standards and Review

    ANMAC Standards and Criteria for the Accreditation of Nursing and Midwifery Courses leading to Registration, Enrolment, Endorsement and Authorisation in Australia. [http://www.anmac.org.au/standards-and-review]

    8. Occupational Health & Safety (OH&S)/ Work Health and Safety (WHS)

    Under occupational health and safety (OH&S) and new work health and safety (WHS) legislation IHNA is obliged to provide for its staff and students:

    • safe premises
    • safe machinery and materials
    • safe systems of work
    • information, instruction, training and supervision
    • a suitable working environment and facilities.

    Workplace health and safety authorities in each state and territory and Safe Work Australia have responsibilities for enforcing the OH&S/WHS legislation. They provide education, training and advice on health and safety at work.

    Work Health and Safety Act 2011


    • Object of the Act
      • The main object of this Act is to provide for a balanced and nationally consistent framework to secure the health and safety of workers and workplaces by:
        • protecting workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work; and
        • providing for fair and effective workplace representation, consultation, co operation and issue resolution in relation to work health and safety; and
        • encouraging unions and employer organisations to take a constructive role in promoting improvements in work health and safety practices, and assisting persons conducting businesses or undertakings and workers to achieve a healthier and safer working environment; and
        • promoting the provision of advice, information, education and training in relation to work health and safety; and
        • securing compliance with this Act through effective and appropriate compliance and enforcement measures; and
        • ensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act; and
        • providing a framework for continuous improvement and progressively higher standards of work health and safety; and
        • maintaining and strengthening the national harmonisation of laws relating to work health and safety and to facilitate a consistent national approach to work health and safety in this jurisdiction.
      • In furthering subsection (1)(a), regard must be had to the principle that workers and other persons should be given the highest level of protection against harm to their health, safety and welfare from hazards and risks arising from work as is reasonably practicable

      OH&S, WHS Regulations and Codes of Practice

      Some workplace hazards can cause so much injury or disease that specific regulations or codes of practice are needed to control them. These regulations and codes explain the duties of particular groups of people in controlling these risks. There is a difference between regulations and codes:

    • Regulations are legally enforceable
    • Codes of Practice provide advice on how to meet regulatory requirements. Codes are not legally enforceable, but they can be used in courts as evidence that legal requirements have or have not been met.
    • To find out about OH&S and WHS Acts, regulations and Codes of Practice in different states and territories follow the link below:


    9. The Australian Consumer Law

    The full text of the Australian Consumer Law (ACL) is set out in Schedule 2 of the Competition and Consumer Act 2010 which is the new name of the Trade Practices Act 1974 (TPA).

    The ACL includes:

    • Chapter 1 – Introduction: a single set of definitions and interpretive provisions about consumer law concepts.
    • Chapter 2 – General protections: general protections, which create standards of business conduct in the market, including:
      • a general ban on misleading and deceptive conduct in trade or commerce;
      • a general ban on unconscionable conduct in trade or commerce and specific bans on unconscionable conduct in consumer and some business transactions; and
      • a provision that makes unfair contract terms in consumer contracts void.
    • Chapter 3 – Specific protections: specific protections which address identified forms of business conduct, including provisions:
      • banning specific unfair practices in trade or commerce;
      • dealing with consumer transactions for goods or services;
      • on the safety of consumer goods and product related services;
      • on the making and enforcement of information standards; and
      • on the liability of manufacturers for goods with safety defects.
    • Chapter 4 – Offences: criminal offences relating to certain matters covered in Chapter 3.
    • Chapter 5 – Enforcement and remedies: national enforcement powers and remedies relating to consumer law.

      Further information about the ACL is set out in the Explanatory Memorandum and the Supplementary Explanatory Memorandum. To assist in understanding the ACL and its provisions the Treasury has prepared:

      • The Australian Consumer Law: An Introduction [PDF 635KB][RTF 922KB], which briefly explains the content and context of the ACL; and
      • The Australian Consumer Law: A Guide to Provisions [PDF 939KB][RTF 1.8MB], which contains a detailed explanation of the provisions of the ACL.

      ACL Regulations
      Regulations made under the ACL are set out in Parts 6 and 7 of the Competition and Consumer Regulations 2010.
      The ACL Regulations give practical effect to the ACL provisions dealing with:

      • prescribed requirements for asserting a right to payment;
      • agreements that are not unsolicited consumer agreements;
      • requirements for warranties against defects and repair notices; and
      • reporting requirements for goods or product-related services associated with death, serious injury or serious illness.

      Further information about the ACL Regulations is set out in the Explanatory Statement

    10. The Privacy Act

    The Privacy Act 1988 (Privacy Act) is an Australian law which regulates the handling of personal information about individuals. This includes the collection, use, storage and disclosure of personal information. The Privacy Act includes:

    • 11 Information Privacy Principles that apply to the handling of personal information by most Australian, ACT and Norfolk Island public sector agencies
    • ten National Privacy Principles that apply to the handling of personal information by large businesses, all health service providers and some small businesses and non-government organisations
    • credit reporting provisions that apply to the handling of credit reports and other credit worthiness information about individuals by credit reporting agencies, credit providers and some third parties.

    The Privacy Act also:

    • regulates the collection, storage, use, disclosure, security and disposal of individuals’ tax file numbers
    • permits the handling of health information for health and medical research purposes in certain circumstances, where researchers are unable to seek individuals’ consent
    • allows organisations to have and to enforce their own privacy codes. It also permits small business operators, who would otherwise not be subject to the National Privacy Principles, to opt-in to being covered by the Privacy Act. More information on codes and opting-in is available on the privacy registers page
    • has two sets of privacy regulations which generally relate to:
    • the application of the National Privacy Principles to specific entities
    • the authorised disclosure of personal information during emergencies.

    11. Commonwealth Disability Discrimination Act 1992

    The Commonwealth Disability Discrimination Act 1992(https://www.legislation.gov.au/Series/C2004A04426) provides protection for everyone in Australia against discrimination based on disability. It encourages everyone to be involved in implementing the Act and to share in the overall benefits to the community and the economy that flow from participation by the widest range of people.

    Disability discrimination happens when people with a disability are treated less fairly than people without a disability. Disability discrimination also occurs when people are treated less fairly because they are relatives, friends, carers, co-workers or associates of a person with a disability.

    12. Commonwealth Age Discrimination Act 2004

    The Age Discrimination Act 2004 (https://www.legislation.gov.au/Series/C2004A04426) helps to ensure that people are not treated less favourably on the ground of age in various areas of public life including:

    • employment
    • provision of goods and services
    • education
    • administration of Commonwealth laws and programs

    Age discrimination is not unlawful in employment if a person is unable to carry out the inherent requirements of the particular employment because of his or her age. It is not unlawful discrimination if an employee is taking particular action in direct compliance with an Award or Industrial agreement or youth wages. The Act also provides for positive discrimination, that is actions which provides a genuine benefit to persons of a particular age who experience a disadvantage because of their particular age.

    13. Commonwealth Racial Discrimination Act 1975

    The Racial Discrimination Act 1975 (https://www.legislation.gov.au/Series/C2004A00274) gives effect to Australia’s obligations under the International Convention on the Elimination of All Forms of Racial Discrimination. Its major objectives are to

    • promote equality before the law for all persons, regardless of their race, colour or national or ethnic origin, and
    • Make discrimination against people on the basis of their race, colour, descent or national or ethnic origin unlawful.

    14. Commonwealth Sex Discrimination Act 1984

    The Sex Discrimination Act 1984 (https://www.legislation.gov.au/Series/C2004A02868) gives effect to Australia’s obligations under the Convention on the Elimination of All Forms of Discrimination against Women and certain aspects of the International Labour Organisation (ILO) Convention 156. Its major objectives are to:

    • promote equality between men and women
    • eliminate discrimination on the basis of sex, marital status or pregnancy and, with respect to dismissals, family responsibilities, and
    • Eliminate sexual harassment at work, in educational institutions, in the provision of goods and services, in the provision of accommodation and the delivery of Commonwealth programs.

    Further Information:

    15. Any other legislation or regulations identified as relevant to the Registered Training Organisation

    16. All relevant legislation and regulations associated with Training packages and qualifications offered. This information will be located in the Delivery and Assessment Strategies for individual qualifications.

    17. ESOS Framework

    click here to visit the ESOS Framework website

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