Go to top of page

Establishment and legislation

Establishment

The national regulatory system was 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.

On 1 July 2011, ASQA became the regulatory body for the vocational education and training (VET) sector for the Australian Capital Territory, the Northern Territory and New South Wales. ASQA also assumed responsibility for regulating certain registered training organisations (RTOs) in Victoria and Western Australia from that date, specifically:

  • those RTOs that offer courses in any state or territory other than Victoria or Western Australia, including by offering online courses, and
  • those RTOs that offer courses to overseas students.

ASQA became the regulatory body for the VET sector in Tasmania after state referral legislation was proclaimed on 15 February 2012, the regulatory body for the VET sector in South Australia on 26 March 2012, and the regulatory body for the VET sector in Queensland on 1 July 2012.

Establishing legislation

ASQA was established on 1 July 2011 through the enactment of the:

Legislative framework

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

This framework includes the establishing legislation above, as well as the VET Quality Framework, the Standards for Accredited Courses, and legislation relating to the provision of courses to overseas students.

The VET Quality Framework comprises the:

Education for overseas students (ESOS) legislation

As an ESOS agency under the Education Services for Overseas Students Act 2000 (ESOS Act), ASQA assesses the registration and re-registration of courses on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) and monitors providers against the: