Vocational education and training (VET), in Australia is regulated by a variety of Commonwealth, State and Territory laws.

Employment, workplace and equity issues are also covered by a range of Commonwealth, State and Territory legislation.

According to the Australian Constitution, where State and Territory laws and the Commonwealth laws deal with the same situation inconsistently, the Commonwealth law prevails.

VET Legislation
Fundamental to the training system are Commonwealth laws such as the:

• the Australian National Training Authority Act 1992, which established the functions and powers of the Australian National Training Authority
• the Vocational Education and Training Funding Act 1992 which sets out the funding of VET in Australia.

Western Australia also has laws which govern VET. The Western Australian Vocational Education and Training Act 1996 grants powers to the State Training Authority and the Training Accreditation Council (TAC).

The Western Australian Industrial Training Act 1975 regulates the employment and training of apprentices and industrial trainees.

Equal opportunity legislation
There are laws to protect those involved in the training system.

This legislation makes discrimination and harassment in the provision of education, employment and the provision of goods and services unlawful.

Examples of Commonwealth equal opportunity legislation are the:

• Racial Discrimination Act 1975
• Sex Discrimination Act 1984
• Disability Discrimination Act 1992

In Western Australian the Equal Opportunity Act was enacted in 1984. Its Objectives are clear:

• To eliminate discrimination on the grounds of sex, marital status or pregnancy, family responsibility or family status, race, religious or political conviction, impairment, age or gender history in the areas of work, accommodation, education, the provision of goods, facilities and services, access to places and vehicles, land and the membership of clubs
• To eliminate sexual and racial harassment in the workplace, educational institutions and accommodation
• To promote community recognition and acceptance of the equality of men and women, and the equality of people of all races, regardless of their religious or political convictions, their impairments or their age.
  

Occupational heath and safety law
Occupational heath and safety laws apply to the workplace at all times including during periods of training. It is important to ensure that apprentices, trainees and other new staff understand principles of safety and health as they relate to the workplace.

In Western Australia, the Occupational Health and Safety Act 1984 regulates occupational health and safety in WA. It requires employers to:

• provide and maintain a safe working environment and safe systems of work
• provide information to employees in relation to health, safety and welfare in the workplace.

Western Australian legislation is available from the State Law Publisher.
You may also view and download any of these Acts at the Australasian Legal Information Institute (Austlii) website which provides free online access to Commonwealth, State and Territory case law and legislation.