Legislative Requirements

Revision Date: 1/05/2015 by Charter Australia

Charter Australia is subject to legislation related to training and assessment as well as general business practice. This legislation governs our obligations as a Registered Training Organisation (RTO), our obligations to students, and relates to the industry in which we conduct training. This legislation is continually being updated and all Charter Australia representatives are made aware of these changes as they occur. The legislation that particularly affects the delivery of our training and assessment services includes:

Commonwealth legislation:

  • National Vocational Education and Training Regulator Act 2011
  • the Standards for Registered Training Organisations (RTOs) 2015
  • Education Services for Overseas Students (ESOS) Act 2000
  • The National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007
  • Legislative Instruments Act 2003
  • Work Health and Safety Act 2011
  • Human Rights and Equal Opportunity Act 1986
  • Age Discrimination Act 2004 (Cwth)
  • Disability Discrimination Act 1992
  • Disability Standards for Education 2005
  • Racial Discrimination Act 1975
  • Racial Hatred Act 1995
  • Sex Discrimination Act 1984
  • Privacy Act 1988 and National Privacy Principles (2001)
  • Workplace Relations Act 1996
  • Skilling Australia’s Workforce Act 2005
  • Copyright Act 1968
  • Trade Practices Act 1974
  • Work Health and Safety Act 2011 (Commonwealth)

NSW legislation:

  • Anti-Discrimination Act 1977
  • Workplace Injury Management and Workers Compensation Act 1998
  • New work health and safety (WHS) Act 2012
  • Copyright Act, 1879 (as amended 2003)
  • Disability Services Act 1993 & Disability Services Regulation 2003
  • Privacy and Personal Information Protection Act 1998
  • Fair Trading Act 1987
  • Industrial Relations (Child Employment) Act 2006

Identifying legislative requirements

Charter Australia will apply a risk management approach to meeting legislative requirements and record the assessed risks and treatment measures within the Compliance Risk Register. This analysis of risks and treatment strategies is to be detailed to allow all staff to understand the Charter Australia strategy to meeting specific legislative responsibilities. Further information on the Charter Australia approach to risk management is contained within the risk management policy.

Informing staff of their responsibilities

Charter Australia acknowledges that it has a responsibility to inform and educate staff about the legislative requirements that apply to its day to day operations. By taking a coordinated approach to inform staff of these requirements, we will build a culture of acceptance and positive compliance. It is the responsibility of the Chief Executive Officer (CEO) to ensure Charter Australia staff are fully informed of applicable legislative requirements.

Induction training

All new staff are to receive (at a minimum) an one-on-one brief on the specific legislative requirements that apply to Charter Australia. The brief is to be delivered by the CEO or a suitable delegate. This training is to be acknowledged and recorded in the Staff Induction Checklist.