VET News

Updates from the National VET Regulator

ASQA given additional powers to seek civil penalties and issue infringement notices

On 12 July 2018, the Governor-General, Sir Peter Cosgrove AK MC made the National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018 (NVR Regulation Amendment 2018).

The NVR Regulation Amendment 2018 allows ASQA to seek civil penalties for breaches of the Standards for Registered Training Organisations (the Standards), even in cases where a provider has since rectified that breach.

This legislative change enhances ASQA’s capacity to effectively support the quality of the VET sector by providing an additional mechanism to protect students from poor-quality providers.

How does ASQA enforce compliance and issue civil penalties?

ASQA imposes a range of administrative sanctions (such as cancellation of registration) where providers fail to meet the Standards.

Where ASQA imposes administrative sanctions for non-compliance, providers have the opportunity to take action to rectify the issues that led to the sanction. If a provider fully rectifies all non-compliance within the permitted timeframe, ASQA cannot proceed with the sanction, even if the non-compliance has been significant.

Prior to this amendment, ASQA could only seek the imposition of civil penalties by a court for a limited range of breaches of the National Vocational Education and Training Regulator Act 2011. As such, ASQA’s work in seeking civil penalties has so far largely related to the issuance of false qualifications.

How will this change affect ASQA-registered providers?

Registered training organisations are required to comply with the requirements of the Standards at all times.

The NVR Regulation Amendment 2018 allows ASQA to seek civil penalties for breaches of the Standards, even in cases where a provider has since rectified that breach.

ASQA applies enforcement provisions proportionate to the level of non-compliance. Civil penalties are considered a strong enforcement action. ASQA is likely to seek civil penalties in serious cases. For example, ASQA may seek civil penalties where non-compliance is relatively significant or habitual, as well as in cases where the non-compliance has significantly affected students.

High-performing training providers that strive to offer genuine, high-quality training and assessment in compliance with the Standards are unlikely to be affected by this legislative change.

Additional grounds for ASQA to issue an infringement notice

The NVR Regulation Amendment 2018 also expanded the range of matters where ASQA may issue an infringement notice to include where an RTO does not comply with its Data Provision Requirements.

The above changes have effect from 18 July 2018.

ELICOS course template now available

The Australian Skills Quality Authority (ASQA) has developed a course proposal template for use by providers applying to register English Language Intensive Courses for Overseas Students (ELICOS) on the Commonwealth Register for Institutions and Courses for Overseas Students (CRICOS).

ASQA has developed this template in response to feedback from providers seeking guidance and a consistent format for providing evidence to demonstrate compliance against ‘Standard C1—Mandatory requirements for course applications’ of the ELICOS Standards 2018.

The use of this template is strongly recommended but not mandatory.

Demonstrated compliance against Standard C1 is the first step in ASQA’s regulatory process when assessing your application for registration as a provider of ELICOS.

ASQA assesses each application for initial ELICOS registration or to add an ELICOS course to an existing CRICOS registration for compliance with Standard C1 before commencing any further assessment of the application against the provider standards.

For more information, you can view the:

• Original ASQA announcement about the new powers
• National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018
• ASQA Fact Sheets on Infringement Notices
• Original ASQA announcement about the ELICOS template
• ELICOS course proposal template

Date posted Jul 26, 2018