Recent legislative changes

ASQA's regulation of Australia's vocational education and training sector is supported by a framework of legislation and standards.

This includes:

NVR Framework

• National Vocational Education and Training Regulator Act 2011
• the VET Quality Framework
• Standards for VET Accredited Courses 
   

ESOS Framework 

• Education Services for Overseas Students Act 2000
• Education Services for Overseas Students Regulations 2019
• National Code of Practice for Providers of Education and Training to Overseas Students 2018
• English Language Intensive Courses for Overseas Students 2018
   

Legislative changes

NVR Act

On 29 March 2024, the National Vocational Education and Training Regulator Amendment (Strengthening Quality and Integrity in Vocational Education and Training No.1) Act 2024 (the Act) was enacted.  

The Act amends the NVR Act to ensure ASQA has the necessary regulatory tools to: 

• address integrity risks posed by non-genuine or unscrupulous RTOs
• ensure greater scrutiny of new RTOs
• promote a quality VET sector that provides for strengthened student protections and that benefits students, industry and the community as a whole. 

About the changes 

The amendments provide greater protections for students, and additional powers for ASQA to prevent RTOs from using their business as a veil of legitimacy for fraudulent activity, to circumvent regulatory requirements, or to lure and mislead students.  

The amendments implement recommendations from the Braithwaite Review and respond more broadly to the findings of the Nixon Review in relation to VET sector integrity risks.  

Key changes now in effect:

• 12 consecutive months of nil delivery of training and/or assessment by an RTO will result in a lapse (or end) of registration, unless an extension to the measurement period is obtained from ASQA
• scope of registration cannot be changed in the first 24 months of an RTOs registration
• ASQA will have up to 120 days to decide a reconsideration matter  
• ASQA can determine the order in which it processes initial applications for RTO registration
• the Minister may determine by legislative instrument a specified period where ASQA will not be required to accept or process initial applications for RTO registration
• extended provisions for false and misleading conduct by an RTO  
• significant penalty increases for breaches of the NVR Act.  

ESOS Act

On 5 December 2025, changes to the Education Services for Overseas Student Act 2000 (ESOS Act) through the Education Legislation Amendment (Integrity and other measures) Bill 2025 commenced.

These changes to the ESOS Act grant ASQA and other Government agencies additional regulatory powers to respond to quality and integrity issues in the international education sector, including:

• taking action against illegal behaviour and non-genuine providers who exploit vulnerable students, undermine legitimate providers and threaten the integrity of the sector
• ensuring greater scrutiny of new ESOS providers
• promoting a quality VET sector that provides for strengthened student protections and that benefits students, industry and the community as a whole.

About the changes

The amendments provide greater protection for vulnerable students and to respond to quality and integrity issues in the international education sector. 

The amendments implement recommendations from the findings of the Migration Review and respond more broadly to the findings of the Nixon Review in relation to VET sector integrity risks.

Key changes now in effect:

• ‘fit and proper provider’ requirements to now include information on whether a provider and/or provider associates have ownership or control of an education agent, or if an education agent or associate of the education agent has any ownership or control of the provider
• providers to report on education agent performance, including recruitment and commissions education agents receive
• providers (other than registered TAFEs) are now required to deliver training and assessment for consecutive study periods totalling at least two years to domestic students before being eligible to apply for ESOS registration
• the Minister may determine, by legislative instrument, a specified period where ASQA would not be required to accept or process initial ESOS registration applications and change to scope applications – aligns with NVETR amendments with respect to initial registration
• automatic cancellation of the registration of ESOS providers (other than schools) that have not delivered training and/or assessment to any overseas students for a period of 12 consecutive month
• allow ESOS agencies to suspend providers under serious investigation on the grounds of not being fit and proper to be ESOS-registered
• the Minister may automatically suspend or cancel courses where there exists systemic quality concerns, limited value to skill needs, or where it is in the public interest to do so, by legislative instrument
• allow ESOS agencies to determine that the operation of any adverse decisions is stayed pending the outcome of an internal review
• requires ESOS agencies to make a decision on an application for review of a reviewable decision within 120 days (instead of 90 days) after the application is made.

For more information, see the Department of Education’s Fact Sheets.