157Functions of the National VET Regulator

#### 157 Functions of the National VET Regulator (1) The National VET Regulator has the following functions: (a) to register an organisation as an NVR registered training organisation; (b) to accredit courses that may be offered and/or provided by registered training organisations; (c) to carry out compliance audits of NVR registered training organisations; (d) to promote, and encourage the continuous improvement of, a registered training organisation’s capacity to provide a VET course or part of a VET course; (e) if requested to do so by the Minister, or on the Regulator’s own initiative, to advise and make recommendations to the Minister on matters relating to vocational education and training; (f) if requested to do so, in writing, by the Education Minister for a State or Territory, or on the Regulator’s own initiative, to advise and make recommendations to the Education Minister for the State or Territory on specific matters relating to vocational education and training in the State or Territory; (g) if requested to do so, in writing, by the Chair of the Ministerial Council, or on the Regulator’s own initiative, to advise and make recommendations to the Ministerial Council on general matters relating to vocational education and training in all jurisdictions; (h) to collect, analyse, interpret and disseminate information about vocational education and training; (i) to publish performance information, of a kind prescribed by the regulations, relating to NVR registered training organisations; (j) to conduct training programs relating to the regulation of registered training organisations and/or the accreditation of courses; (k) to enter into arrangements with occupational licensing bodies, other industry bodies, or both, for the purpose of ensuring compliance by NVR registered training organisations with this Act; (l) to cooperate with a regulatory authority of another country that has responsibility relating to the quality or regulation of vocational education and training for all, or part, of the country; (m) to develop relationships with the Regulator’s counterparts in other countries; (n) to develop key performance indicators, to be agreed by the Minister, against which the Regulator’s performance can be assessed each financial year; (o) to develop service standards that the Regulator must meet in performing the Regulator’s functions; (p) any other function relating to vocational education and training that is set out in a legislative instrument made by the Minister; (q) such other functions as are conferred on the Regulator by or under: (i) this Act; or (ii) the Education Services for Overseas Students Act 2000; or (iii) the Higher Education Support Act 2003; or (iv) the VET Student Loans Act 2016; or (v) any other law of the Commonwealth; (r) to do anything incidental to, or conducive to, the performance of any of the above functions. (2) When preparing advice for the purpose of paragraphs (1)(f) and (g), the National VET Regulator may consult with VET Regulators in non‑referring States. (3) The Minister must not set out a function in a legislative instrument under paragraph (1)(p) unless the Ministerial Council has agreed to the function. > Note 1: For how the Ministerial Council gives agreement, see section 191. > Note 2: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to a legislative instrument that sets out a function (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act). (4) In performing the National VET Regulator’s functions, the Regulator must apply the Risk Assessment Framework. (5) In performing the National VET Regulator’s functions, the Regulator must have regard to any reports or information the Regulator receives about matters relating to this Act. (5A) Without limiting subsection (5), in performing the National VET Regulator’s functions, the Regulator must have regard to any advice provided by the Advisory Council (whether or not the advice was given in response to a request by the National VET Regulator or the Minister). (6) A failure to comply with the requirements of subsection (4), (5) or (5A) in relation to the performance of a function of the National VET Regulator does not affect the validity of the performance of the function. (7) The National VET Regulator has the power to do all things that are necessary or convenient to be done for or in connection with the performance of the Regulator’s functions. > Note: Other functions may be conferred on the National VET Regulator by State law, see Division 2 of Part 8.