ASQA's jurisdiction

The Australian Skills Quality Authority (ASQA) is the national regulator for Australia’s vocational education and training (VET) sector.

From 1 July 2011, ASQA became the designated authority for all English Language Intensive Courses for Overseas Students (ELICOS) and Foundation Program courses (except where they are delivered by schools, and in Queensland).

The function of registering registered training organisations (RTOs) in the states and territories is transferring to ASQA in several stages.

On 1 July 2011, ASQA became the regulatory body for the VET sector for the Australian Capital Territory, the Northern Territory and New South Wales. ASQA also has responsibility for regulating some RTOs in Victoria and Western Australia.

ASQA became the regulatory body for the VET sector in Tasmania after state referral legislation was proclaimed on the 15 February 2012, and the regulatory body for the VET sector in South Australia on 26 March 2012.

The national regulatory system is being established through:

• a referral of powers to the Commonwealth from most states (except Victoria and Western Australia)
• the exercise of the Commonwealth’s constitutional powers in the regulation of vocational education and training in the territories.

Queensland is anticipated to refer powers in the regulation of VET to ASQA later in 2012. Read more about the transition to ASQA.  

Regulation of RTOs operating in Victoria and Western Australia

Overview

Unlike other states, Victoria and Western Australia have not referred their powers in the regulation of VET to the Commonwealth .

The legal and practical effect of this is that RTOs operating in Victoria and/or Western Australia may be subject to regulation by either their state regulator, ASQA or, in some cases, both their state regulator and ASQA.

The National Vocational Education and Training Regulator Act 2011 (the Act) sets out which RTOs, including those operating in Victoria and/or Western Australia, will be subject to regulation by ASQA.