Legislative changes

Changes to the National Vocational Education and Training Regulator Act

On 1 July 2020, the National Vocational Education and Training Regulator Amendment Act 2020 comes into effect. These changes have been made to improve the efficiency and effectiveness of the legislation. They will also ensure ASQA can encourage and promote a quality VET system to benefit students, industry and RTOs.

As we move to support providers through fair, transparent and effective regulation, the VET system needs a legislative framework that enhances student outcomes and supports modern regulation. These changes will strengthen regulation of the VET sector to improve the quality of training and ensure students are protected.

Key changes affect:

  • registration processes for RTOs
  • processes for the accreditation of VET-accredited courses
  • procedures for reviewing regulatory decisions
  • RTO compliance requirements
  • sharing and publishing information.

Examples of the changes for providers include:

  • demonstrating a commitment and capability to delivering quality VET
  • informing ASQA if an event is likely to occur that would significantly affect the RTO’s ability to comply with the VET Quality Framework
  • providing information or VET student records to ASQA when an RTO closes or on ASQA’s request, in a particular electronic or other specific format
  • ensuring third party arrangements with non-RTOs are undertaken with a written agreement in place
  • applying for internal review (reconsideration) where available, before seeking an external review (AAT).

The new requirements are outlined below, with guidance on what the changes will mean in practice.

Changes to requirements for RTOs

From 1 July 2020, key changes to the requirements for RTOs include:

Changes to ASQA’s processes

From 1 July 2020, key changes to ASQA’s processes include:

Other changes

From 1 July 2020, other changes include:

  • The Secretary of the Department can release information to the public about VET provided by RTOs, and the outcomes and experiences for VET students and employers. This does not authorise the release of personal information unless the personal information is the name of the RTO. The information for publishing would be aggregated and not be able to be used in such a way that it could re-identify an individual. The Secretary can also authorise the NCVER to release this information.
  • The Minister may direct ASQA concerning the performance of its functions and the exercise of its powers. The Minister is not able to direct ASQA regarding a regulatory decision with respect to an individual training provider.


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