Freedom of information

What is freedom of information?

The Freedom of Information Act 1982 (the FOI Act) seeks to give the Australian community access to information held by the Australian Government.

The FOI Act aims to achieve this objective by:

requiring that agencies publish specific information on their websites
providing for a right of access to documents.

ASQA routinely publishes information about its activities that may be of interest to the Australian community.

ASQA manages requests for information information under the guidelines issued by the Australian Information Commissioner under s 93A of the FOI Act.

Right of access under the FOI Act

The FOI Act gives any person the right to:

access copies of documents (except exempt records) that ASQA holds
ask for information ASQA holds about them to be changed or annotated if it is incomplete, out of date, incorrect or misleading
seek a review of a decision not to allow access to a document or not to amend their record.

Exempt documents

ASQA can refuse access to some documents, or parts of documents, that are considered ‘exempt’.

Exempt documents may include:

those relating to national security
documents containing material obtained in confidence
Cabinet documents
other matters set out in the FOI Act.

ASQA's publication obligations

The FOI Act requires agencies to:

publish certain information about the agency under the Information Publication Scheme
keep a disclosure log of certain documents to which access has been provided according to the FOI Act.

How do I make an FOI request?

Applications for access to documents must:

be in writing (email is acceptable)
state that the application is made under the FOI Act
provide enough information to allow an ASQA officer to identify the documents you are seeking
give details of how notices may be sent to the applicant (for example, a postal or email address).

Where do I send my request?

Send your application to ASQA by email or pre-paid post.

Email	foi@asqa.gov.au
Post	Freedom of Information Officer Australian Skills Quality Authority GPO Box 9928 Melbourne VIC 3001

Assistance with your FOI request

Under the FOI Act, ASQA must take reasonable steps to assist you to make a valid FOI request.

If you require assistance with your FOI request, please contact ASQA by emailing: foi@asqa.gov.au.

If you make an FOI request to ASQA, and ASQA believes that the request is the responsibility of another agency or Minister, ASQA will take reasonable steps to assist you to direct your FOI request appropriately.

What happens after ASQA receives your FOI request?

ASQA processes applications following the requirements of the FOI Act—we will acknowledge receipt of your FOI request within 14 days.

Timeframes for making a decision

Generally, ASQA will decide on your FOI request and notify you of its decision within 30 days of receiving your request.

However, ASQA has the capactiy to extend this timeframe in certain circumstances, outlined in the following table.

Reason for extension	Action and length of the extension
Consultation with a third party is required under the FOI Act	ASQA will have an additional 30 days to make a decision
ASQA requires more time to make a decision	ASQA may apply to the Information Commissioner for an additional 30 days or more to process your FOI request
Your FOI request is complex or voluminous	ASQA may apply to the Information Commissioner for an additional 30 days or more to process your FOI request
ASQA may make a decision to impose charges	The period between ASQA sending an intention to charge notification and the day a final decision regarding imposing a fee is made, is disregarded when calculating the time for processing your FOI request

Consultation

In some circumstances, ASQA may need to consult a third party before deciding on your request.

Affected third parties may include:

A state or territory may need to be consulted about documents containing information which originated with, or was received from, the state or territory.
An individual may require consultation about documents containing either their personal information or information about their business or professional affairs.
An organisation or undertaking may require consultation relating to documents containing information about their business, commercial or financial affairs.

If ASQA consults a third party under the FOI Act, it is required to take in to account to any submissions made by the third party.

Notification of decision

Once we decide on your FOI request, ASQA will notify you in writing of that decision.

Where ASQA decides not to grant you access in full to all documents that you have sought, ASQA will provide you with the reasons for its decision and notify you of your review rights.

Providing access to documents

Ordinarily, ASQA will provide you with copies of any documents released in response to your FOI request once:

all applicable charges are paid (if any)
there is no outstanding objection to release by a third party.

If ASQA decides that part of a document you seek is exempt or irrelevant, it may provide you with an edited copy of the document with the exempt or irrelevant material deleted.

Exemptions and conditional exemptions

Under the FOI Act, ASQA is not required to provide you with access to an all or part of an exempt document or conditionally exempt document if the disclosure of that document would be contrary to the public interest.

The exemptions and conditional exemptions are set out in the FOI Act.

If ASQA decides all or part of a document is conditionally exempt, it will give you access unless ASQA decides that such access contrary to the public interest.

Whether access to a document is contrary to the public interest is determined by various factors set out in Section 11B of the FOI Act.

Is there a charge for FOI requests?

There are no application fees for FOI requests.

ASQA does not charge for processing requests for access to documents containing only personal information about an applicant. However, processing charges may apply to other requests.

The most common charges are displayed in the table below.

Action	Charge
Search and retrieval—time ASQA spends searching for or retrieving a document	$15.00 per hour
Decision making—time spent in deciding to grant or refuse a request, including examining documents, consulting with other parties, and making deletions	First five hours: Nil Subsequent hours: $20 per hour
Photocopying	$0.10 per page
Delivery—posting or delivering a copy of a document at your request	Cost of postage or delivery

If ASQA decides that you are liable to pay a charge in relation to your FOI request, ASQA will send you a notice which will:

explain that we believe you are responsible for paying this charge
provide an estimate of that charge
set out how you may seek to have the charge reduced or not imposed
detail the likely effects on the timeframe for processing your FOI request.

Reviews and complaints

An applicant can ask for a review of the following decisions if ASQA:

refuses to provide access to all or part of a document
defers providing access to all or part of a document
imposes a charge
refuses to change or annotate personal information about an applicant that the applicant claims is incomplete, incorrect, out of date or misleading.

A third party who disagrees with ASQA's decision to provide access to documents that contain information about them can also ask for the decision to be reviewed.

Internal review

Applicants can request in writing that ASQA reconsider its decision through an internal review. You should request an internal review within 30 days of being notified of an FOI decision, although ASQA has the discretion to extend this time.

The internal review will not be conducted by the officer who made the original decision, but rather, by another officer in the agency.

ASQA will advise you of the outcome of the review within 30 days of receiving your request.

Information Commissioner review

You can ask the Australian Information Commissioner to review:

ASQA’s original decision
ASQA’s decision on internal review.

You must make this request to the Information Commissioner within 60 days of receiving notice of the date of decision (or within 30 days of the notification of an affected third party).

The Information Commissioner can affirm or vary the decision, or substitute a new decision. The Information Commissioner may also decide not to conduct a review in certain circumstances.

Review by Administrative Appeals Tribunal

If you do not agree with a decision of the Information Commissioner, you can request that the Administrative Appeals Tribunal (AAT) review the decision.

Complaints

If you are unhappy with the way ASQA has handled your FOI request, you may complain to the Australian Information Commissioner, who may investigate ASQA's actions.

More information about FOI complaints is available from the Office of the Australian Information Commissioner (OAIC).

Freedom of information disclosure log

Publicly available information released following an FOI access request

The Australian Skills Quality Authority (ASQA) is required by section 11C of the Freedom of Information Act 1982 (FOI Act) to publish FOI decisions through a disclosure log on its website. The disclosure log lists information released in response to an FOI access request. This requirement has applied since 1 May 2011. All entries published on ASQA’s disclosure log will be available for viewing below.

The disclosure log requirement does not apply to:

personal information about any person if publication of that information would be ‘unreasonable’
information about the business, commercial, financial or professional affairs of any person if publication of that information would be ‘unreasonable’
other information covered by a determination made by the Australian Information Commissioner if publication of that information would be ‘unreasonable’
any information if it is not reasonably practicable to publish the information because of the extent of modifications that would need to be made to delete the information listed in the above dot points.

The information described in this disclosure log has been released by ASQA under the FOI Act and is available for public access. Documents have been made available for download in PDF format. If you are unable to access the format provided please email foi@asqa.gov.au for assistance and we will try to provide the document in an alternate format (for example, in Word). Documents that are not available for download may be obtained by emailing foi@asqa.gov.au. Please refer to the FOI reference number in your email.

A charge may be imposed to reimburse ASQA for the cost incurred in copying ($0.10 per page) or reproducing the information or sending it to you. There will be no charge for the time spent by ASQA in processing the FOI request that led to this information being made available. You will be notified if any charge is payable and required to pay the charge before the information is provided.

FOI 13-14-0029

FOI reference number	13-14-0029
Date of access	30 June 2014
FOI request	Documents about ASQA’s policy that all VET accredited English courses, excluding those courses designed for people wanting to teach English to speakers of other languages (TESOL), are required to be registered on the Commonwealth Register of Institutions and Courses for Overseas students (CRICOS) as English Language Intensive Courses for Overseas Students (ELICOS).
Information published in the disclosure log	The relevant documents (relevant meeting minutes, correspondence, a briefing and an instrument of delegation) are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information	ASQA has since modified this policy.

FOI 13-14-0031

FOI reference number	13-14-0031
Date of access	7 July 2014
FOI request	Documents about ASQA’s policy that all VET accredited English courses, excluding those courses designed for people wanting to teach English to speakers of other languages (TESOL), are required to be registered on the Commonwealth Register of Institutions and Courses for Overseas students (CRICOS) as English Language Intensive Courses for Overseas Students (ELICOS) (additional material requested).
Information published in the disclosure log	The relevant document (Risk Assessment Methodology) is not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information	ASQA has since modified this policy.

FOI 15-16-0025

FOI reference number	15-16-0025
Date of access	14 January 2016
FOI request	A table of all audits conducted during the request time period (January 2013 to December 2015) that includes the name of the RTO and the date of the audit.
Information published in the disclosure log	The relevant table of audits is not currently available to download. Please email foi@asqa.gov.au to request a copy
Other information

FOI 18-19-0076

FOI reference number	18-19-0076
Date of access	21 February 2019
FOI request	Documents relating to: ASQA's audit and related processes or procedures applied or developed for the VET FEE-HELP strategy review project, ASQA's audit and related processes or procedures applied or developed as part of the project announced by the Hon. Senator Simon Birmingham, ASQA's audit and related processes or procedures applied or developed behind information published in relation to the Audit process in the Targeted Audit of VET FEE-HELP providers from October 2015, ASQA's audit and related processes or procedures relating to the "enhanced compliance audit process" for targeted audits of VET FEE-HELP providers.
Information published in the disclosure log	The relevant documents (relevant meeting minutes, audit report tools) are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information

FOI 19-20-0009

FOI reference number	19-20-0009
Date of access	23 September 2019
FOI request	A table of all infringement notices and civil and criminal penalties issued under the National Vocational Education and Training Regulator Act during the request time period (January 2014 to August 2019) that includes the VET provider name, the date of offence, the provision applied and the penalty imposed.
Information published in the disclosure log	The relevant table of all infringement notices and civil and criminal penalties is not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information

FOI 19-20-0030

FOI reference number	19-20-0030
Date of access	8 January 2020
FOI request	A copy of the following documents referred to the auditor handbooks: Conduct Post Initial Cheat Sheet – Data Integrity – Regulatory Operations – Auditor Handbook, Practical Guide – PRISMS Records, Practical Guide – Provider Profile and Factsheet – Compliance History Methodology, Practical Guide – Audit Report Tool (Managing audits conducted by panel auditors), Practical Guide – writing the audit report, Practical Guide – Audit report tool (Panel auditor), Initial audit – validation component, Response Option Assessment (Regulatory Activity), Suggested wording of NVR Act recommendations, Suggested wording of ESOS Act recommendations.
Information published in the disclosure log	The relevant documents are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information

FOI 19-20-0034

FOI reference number	19-20-0034
Date of access	09 December 2019
FOI request	Kindly release all documents including document of an Agency, which includes the metadata of the following: - Instrument of delegation authorising Sandra Christian to act as a Complaint Manager and/or Officer and FOI Manager and/or Officer - metadata showing details of when the document was created and when amendments were made to each document.
Information published in the disclosure log	The relevant documents are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information

FOI 19-20-0038

FOI reference number	19-20-0038
Date of access	23 December 2019
FOI request	Legal advice received by ASQA from AGS regarding its position on third-party arrangements.
Information published in the disclosure log	The relevant documents are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information	Please note, the AGS advice considered in the scope of the request refer to the issue of third-party arrangements in the wider context of legal advice on the matter of the proposed sanctioning of a registered training organisation.

FOI 19-20-0042

FOI reference number	19-20-0042
Date of access	20 December 2019
FOI request	Kindly release all documents including document of an Agency, which includes the metadata of the following: Instrument of delegation authorising David Miller to act in due role as, General Manager Regulatory Support and Governance Freedom of Information Officer. If no instrument of delegation exists, authority given to David Miller to act in dual role as General Manager Regulatory Support and Governance and Freedom of Information Officer.
Information published in the disclosure log	The relevant documents are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information

FOI 19-20-0046

FOI reference number	19-20-0046
Date of access	02 March 2020
FOI request	I hereby make application for a copy of documents held by ASQA evidencing decisions made by ASQA during the period commencing on 1 July 2018 and ending on 23 December 2019 in relation to the granting of renewal of registration under the National Vocational Education and Training Regulator Act 2011 (the NVR Act) to a registered training organisation (RTO) where the period of the renewal of registration for the RTO concerned was for less than the maximum period of 7 years allowed under section 17(5) of the NVR Act (limited to documents that show the reasons for such decisions), however, no objection will be raised to the granting of access to an edited copy of any such document (being provided under section 22 of the FOI Act) which deletes the name, address and identifying number of the RTO the subject of any such decision.
Information published in the disclosure log	The relevant documents are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information

FOI 19-20-0054

FOI reference number	19-20-0054
Date of access	11 February 2020
FOI request	I would like to be provided with ASQA RTO audit statistics from 2016 to 2019, specifically relating to data on non-compliances for all RTOs audited for Clauses 1.13 - 1.16; 1.17-1.20 and 1.22-1.24.
Information published in the disclosure log	The relevant documents are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information

FOI 19-20-0062

FOI reference number	19-20-0062
Date of access	06 April 2020
FOI request	I am seeking to access any documentation, whether in the form of reports, internal or external communications such as emails, meeting minutes, publications, or any other form of documentation, which relates to the sector-wide analysis of the annual declaration on compliance which the CEOs of all ASQA registered RTOs are required to make. For clarity, I am seeking to understand how the data contained in those reports is collated and analysed, and what actions are taken as a result following analysis. I would like to access general process information (e.g. documents describing the procedure which is followed to analyse and act on the data contained within the annual declaration on compliance) and specific information from the past three years (records related to analysis of, and actions taken as a result of, the annual declarations on compliance made in 2019, 2018 and 2017). I am not seeking to access the content of specific declarations made by individual CEOs.
Information published in the disclosure log	The relevant documents are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information

FOI 20-21-0010

FOI reference number	20-21-0010
Date of access	07 December 2020
FOI request	A copy of ASQA’s policies and procedures related to complaints about training providers.
Information published in the disclosure log	The relevant documents are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information

FOI 20-21-0015

FOI reference number	20-21-0015
Date of access	22 October 2020
FOI request	Documents that set out the following information: (1) Since Ms Sandra Christians’ appointment as Manager – Governance and Planning, the number of complaints about ASQA and its officers submitted to feedback@asqa.gov.au that have: a. been received by ASQA b. not been investigated by ASQA c. been investigated by ASQA d. been found not substantiated e. been substantiated or partially substantiated (2) In the 12-month period immediately prior to Ms Sandra Christians’ appointment as Manager – Governance and Planning, the number complaints about ASQA and its officers submitted to feedback@asqa.gov.au that have: a. been received by ASQA b. not been investigated by ASQA c. been investigated by ASQA d. been found not substantiated e. been substantiated or partially substantiated
Information published in the disclosure log	The relevant documents are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information

FOI 20-21-0039

FOI reference number	20-21-0039
Date of access	15 April 2021
FOI request	A copy of a flowchart outlining ASQA’s new audit process highlighting at what stage documents are provided to the applicant organisation. Draft/deliberation documents can be excluded.
Information published in the disclosure log	The relevant documents are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information	For more information relating to ASQA’s new audit procedures, please visit ASQA’s website at the following link: Our regulatory practice \| Australian Skills Quality Authority (ASQA). The most up to date information on ASQA’s reforms and approach to regulation can be accessed on this page. As changes are being made to ASQA’s regulatory approaches, ASQA’s website will be updated to reflect these changes.

FOI 20-21-0043

FOI reference number	20-21-0043
Date of access	12 April 2021
FOI request	My inquiry is in relation to compliance with the Public Governance, Performance and Accountability Rule 2014. I'm seeking from Australian Skills Quality Authority, for each calendar year from 2016 to 2019 inclusively, the first page that contains the completion date of the first finalised: a) fraud-risk assessment for purposes of s10(a) of the Rule, and b) fraud/compliance audit implemented for purposes of s10(b/d) of the Rule. For clarity, this entails only 1 page per calendar year for each activity (a) & (b). Please feel free to redact everything but the completion date, activity type (assessment/audit) and entity name on each page, and if you implement these measures divisionally, then please be sure to release the pages requested above for each division respectively. Alternatively, if convenient, a simple tabular report would suffice as follows: Year, Entity/Division, Activity, Completion 2016, Entity/Division A, Risk-assessment, 1/2/2016 2016, Entity/Division A, Fraud/compliance audit, 1/5/2016 2017, Entity/Division A, Fraud/compliance audit, 1/8/2017 2018, Entity/Division A, Risk-assessment, 1/2/2018 2018, Entity/Division A, Fraud/compliance audit, 1/9/2018
Information published in the disclosure log	The relevant documents are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information

FOI 22-23-0007

FOI reference number	22-23-0007
Date of access	01/12/2022
FOI request	Information relating to ASQA’s revocation decisions in 2021/22.
Information published in the disclosure log	The relevant documents are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information

FOI 22-23-0008

FOI reference number	22-23-0008
Date of access	01/12/2022
FOI request	Total number of ASQA website views that occurred in the 2021/22 period
Information published in the disclosure log	The relevant documents are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information

FOI 22-23-0009

FOI reference number	22-23-0009
Date of access	16/12/2022
FOI request	Total number of complaints received by ASQA regarding training providers, from members of the public (including students), in the financial year 2021/22.
Information published in the disclosure log	The relevant documents are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information

FOI 22-23-0010

FOI reference number	22-23-0010
Date of access	07/02/2023
FOI request	ASQA’s Budget Estimates briefing pack for October/November 2022.
Information published in the disclosure log	The relevant documents are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information

FOI 22-23-0015

FOI reference number	22-23-0015
Date of access	27/02/2023
FOI request	Documents related to ASQA's recent decision to extend the transition period for SHB Hairdressing and Beauty Services Training Package.
Information published in the disclosure log	The relevant documents are not currently available to download. Please email foi@asqa.gov.au to request a copy.
Other information

More information

For more information, including more details about ASQA's FOI policy, email ASQA on foi@asqa.gov.au or call the ASQA Info Line on 1300 701 801.

Read the information that ASQA routinely publishes under the requirements of the Information Publication Scheme.

For more information about FOI, please refer to the FOI Guidelines and other information available from the Information Commissioner.