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The National VET Regulatory Amendment Act 2020 - All You Need to Know

June 30, 2020

As any RTO knows, compliance is extremely important, and keeping up to date on legislative changes can be challenging.

The new National VET Regulatory Amendment has altered some of the compliance rules surrounding RTOs and the way ASQA deals with compliance.

Here’s everything you need to know about the key changes to requirements for RTOs.

ASQA wants to know that your RTO is committed and capable

Commitment and capability ensure quality VET is delivered, and ASQA has enforced that this must be ongoing through compliance. ASQA will measure an RTOs’ commitment and capability by the way the RTO remedies any audit findings of non-compliance with the Standards for RTOs 2015. In addition, ASQA states they’ll provide more opportunities for remedying non-compliance.

ASQA wants to know about your RTO’s significant events

RTOs are now required to tell ASQA if an event that would significantly affect their ability to comply with the VET Quality Framework is likely to occur and if there are likely to be substantial changes to the operations of the organisation.

This change to the legislation aims to help ASQA identify and mitigate risks to students and VET quality earlier.

RTOs are to comply with ASQA’s request for information

ASQA can also specify the manner and/or format the information needs to be provided in, such as by email. If an RTO can’t provide the information, they need to give reasons as to why they’re unable to comply. ASQA will also be able to make and retain copies of documents supplied by an RTO.

Third-Party agreements must be written

If your RTO operates and delivers courses under a third-party arrangement, you’re responsible for ensuring the third party provides quality training and assessment. If you’re a non-RTO, you can only deliver a VET course if it’s done under a written agreement on behalf of an RTO.  

For tips on developing a written agreement, read ASQA’s Users’ Guide to the Standards for RTOs 2015.

ASQA can cancel VET qualifications and statements of attainment

The NVR Act has always enabled ASQA to direct an RTO to cancel a VET qualification issued to a student, however now ASQA will be able to directly cancel the qualification if an RTO doesn’t comply with the cancellation. If this happens, the RTO may also be subject to a civil penalty.

What’s more, ASQA can now cancel a qualification without first directing the RTO to do so. This would happen in a situation where ASQA doesn’t believe the RTO would comply.

RTOs will continue to be able to seek reviews of these decisions.

Electronic student records are replacing hard copies

Electronic records improve the effectiveness of regulatory practices and processes, and the accuracy of data. They also require less physical space and enable an RTO to easily track progression and past student outcomes. ASQA can now request for information to be provided in a specified electronic format.

Now this is something we can get behind. aXcelerate will allow your RTO to capture key information to stay compliant and successfully manage your students, all within one system.

ASQA internal reviews

If you disagree with a decision ASQA has made concerning your RTO’s compliance, you can seek a review of that decision. Most decisions will be internally reviewed by ASQA. This change means a reconsideration will be more cost-effective, timely, and your RTO will be able to engage with ASQA more often.

RTOs will still be able to apply to the Administrative Appeals Tribunal for an external review if a resolution can’t be made.

Read more about the key changes to ASQA’s processes here.

If you’d like to learn more about how aXcelerate can help you stay compliant, learn more here.

Fees for RTOs and CRICOS providers are also coming into full effect on July 1st. Read all you need to know here.

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