{"id":"F2023L00356","name":"National Vocational Education and Training Regulator (Authorised Officer Requirements) Determination 2023","slug":"national-vocational-education-and-training-regulator-authorised-officer-requirements-determination-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441789,"registerId":"F2023L00356-fast-fetch-1775956998025","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Vocational Education and Training Regulator (Authorised Officer Requirements) Determination 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nNational Vocational Education and Training Regulator (Authorised Officer Requirements) Determination 2023\n\nI, Brendan O'Connor, Minister for Skills and Training, make the following Determination.\n\nDated 23 March 2023    \n\nBrendan O’Connor\n\nMinister for Skills and Training\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Experience, training and qualification requirements\n\n7  Areas of experience\n\nSchedule 1—Repeals\n\n \n\n1  Name\n\n  This instrument is the National Vocational Education and Training Regulator (Authorised Officer Requirements) Determination 2023.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after registration.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 89(2A) of the National Vocational Education and Training Regulator Act 2011.\n\n4  Definitions\n\nA number of expressions used in this instrument are defined in section 3 of the National Vocational Education and Training Regulator Act 2011, including the following:\n\n(a)    authorised officer; and\n\n(b)    National VET Regulator.\n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6  Experience, training and qualification requirements\n\n(1)    A person satisfies the experience, training and qualification requirements for appointment as an authorised officer if the National VET Regulator is satisfied the person meets the requirements specified in subsection 6(2).\n\n(2)    For the purposes of subsection 6(1) the person must:\n\n(a)    have completed a Certificate IV in Government Investigation; or\n\n(b)    demonstrate they have relevant experience and will obtain appropriate training and qualification by:\n\n(i)        providing appropriate documentary evidence demonstrating sufficient experience relevant to performing the functions of an authorised officer in any area of experience as set out in section 7; and\n\n(ii)      undertaking to complete a Certificate IV in Government Investigation within 12 months of being appointed as an authorised officer as a condition of their appointment.\n\nNote:   Appropriate documentary evidence may consist of previous work or training experience; completed course qualifications; or any other documentation the National VET Regulator considers as reasonably evidencing sufficient experience.\n\n(3)    If paragraph (2)(b) applied to a person appointed as an authorised officer, but that person subsequently did not complete a certificate IV in Government Investigation within 12 months of their appointment, they are taken to no longer meet the experience, training and qualification requirements for appointment as an authorised officer.\n\n \n\n7  Areas of experience\n\n(1)   For the purposes of subparagraph 6(2)(b)(i), the areas of experience are:\n\n(a)    evidence gathering;\n\n(b)   data validation and analysis;\n\n(c)    compliance with legislation;\n\n(d)   exercising regulatory power;\n\n(e)    fraud detection;\n\n(f)     planning and conducting investigations;\n\n(g)   risk assessment and risk management;\n\n(h)   conducting search and seizure of evidential material;\n\n(i)     conducting and recording interviews;\n\n(j)     preparing evidence briefs and statements;\n\n(k)   workplace communication strategies;\n\n(l)     ethical conduct;\n\n(m) workplace safety; and\n\n(n)   principles and ethos of public service.  \n\n\nSchedule 1—Repeals   \n\nASQA Authorised Officer Requirements 2012\n\n1  The whole of the instrument\n\nRepeal the instrument\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose: setting qualification requirements for authorised officers. It updates the specific qualification (Certificate IV in Government Investigation) and experience categories from the 2012 predecessor, but does not expand beyond the core function of prescribing appointment prerequisites."},"complexity_factors":["Very short instrument (approximately 2 pages of substantive content)","Only 4 defined terms, all imported by reference from the parent Act rather than defined locally","Simple binary structure: either/or qualification pathway with straightforward consequences","Single cross-reference to the enabling Act (subsection 89(2A))","No nested exceptions or conditional logic beyond the basic 12-month completion deadline","List of 14 experience areas is descriptive rather than creating complex legal tests"],"plain_english_summary":"This instrument sets minimum entry standards for authorised officers under the National VET Regulator: either hold a Certificate IV in Government Investigation or have relevant investigative/compliance experience and undertake that Certificate IV within 12 months. Failure to complete the course within 12 months removes eligibility.\n\nIt affects ASQA applicants and the regulator’s appointment decisions, ensuring officers have the training and experience to exercise significant investigatory powers safely and lawfully."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This Determination repeals the ASQA Authorised Officer Requirements 2012 (Schedule 1) and replaces them with a new, narrower framework setting a specific qualification requirement: Certificate IV in Government Investigation, or a provisional route requiring documentary evidence of relevant experience and an undertaking to complete that Certificate within 12 months (ss 6–7; Schedule 1). It centralises assessment discretion with the National VET Regulator (s 6(1) and note) and establishes an automatic loss of qualification status if the undertaking is not completed (s 6(3))."},"complexity_factors":["Two alternative qualification pathways: immediate Certificate IV or provisional appointment with an undertaking to complete the Certificate within 12 months (s 6(2)(a)–(b))","Discretion retained by the National VET Regulator to be satisfied a candidate meets requirements and to accept documentary evidence as ‘reasonable’ (s 6(1), note to s 6(2)(b)(i))","Automatic cessation mechanism if the provisional candidate does not complete the Certificate within 12 months (s 6(3))","Defined list of 14 distinct 'areas of experience' that can be relied on as evidence (s 7(1)(a)–(n)), which requires assessment of varied competencies","Repeal of the prior ASQA Authorised Officer Requirements 2012 (Schedule 1), creating a full replacement of earlier rules"],"plain_english_summary":"**What this does:** Sets the minimum training and experience needed to be appointed an authorised officer under the National VET Regulator Act. A person must hold a Certificate IV in Government Investigation or show relevant experience and agree to complete that Certificate within 12 months. Failure to finish the Certificate means they no longer meet the requirements.\n\n**Who it affects and why it matters:** Applies to prospective and current authorised officers and the National VET Regulator, because it defines qualification paths, evidence standards and an automatic consequence for non-completion."}},"importantCases":[],"_links":{"self":"/api/acts/national-vocational-education-and-training-regulator-authorised-officer-requirements-determination-2","history":"/api/acts/national-vocational-education-and-training-regulator-authorised-officer-requirements-determination-2/history","analysis":"/api/acts/national-vocational-education-and-training-regulator-authorised-officer-requirements-determination-2/analysis","conflicts":"/api/acts/national-vocational-education-and-training-regulator-authorised-officer-requirements-determination-2/conflicts","importantCases":"/api/acts/national-vocational-education-and-training-regulator-authorised-officer-requirements-determination-2/important-cases","documents":"/api/acts/national-vocational-education-and-training-regulator-authorised-officer-requirements-determination-2/documents"}}