Legislative changes

Changes to the National Vocational Education and Training Regulator Act 2011 (NVR Act) and supporting legislative requirements

Please note, this information has been updated to include key changes to the National Vocational Education and Training Regulator Regulations 2011 approved on 6 August 2020.

On 1 July 2020, changes to the NVR Act came into effect. These changes were made to improve the efficiency and effectiveness of the legislation. They will ensure we can encourage and promote a quality VET system to benefit students, industry and RTOs.

Further supporting legislative updates will come into effect over the next 12 months and ASQA will continue to provide guidance for providers on working within the changed regulatory requirements.

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.
Legislation Changes approved Changes in effect
National Vocational Education and Training Regulator Act 2011 26 February 2020 1 July 2020

National Vocational Education and Training Regulator Regulations 2011

  • Amendments commencing 1 September 2020
6 August 2020 1 September 2020

National Vocational Education and Training Regulator Regulations 2011

  • Amendments commencing 1 March 2021
6 August 2020 1 March 2021

Examples of changes to the NVR Act that will affect 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
  • ensuring third party arrangements with non-RTOs are undertaken with a written agreement in place
  • 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
  • applying for internal review (reconsideration) where available, before seeking an external review (AAT).

Changes to the National Vocational Education and Training Regulator Regulations 2011 (the Regulations) from either 1 September 2020 or 1 March 2021, which will affect ASQA, include:

  • use of infringement notices as an alternative to civil penalties for RTOs who, when directed to by ASQA, fail to cancel VET qualifications and statements of attainment (1 September 2020)
  • use of infringement notices as an alternative to civil penalties for RTOs who issue VET qualifications and statements of attainment to students who have not obtained a unique student identifier (USI), unless an exemption applies under the Student Identifiers Act 2014 (1 September 2020)
  • requiring ASQA to add expanded details about an RTO to the National Register (i.e. ABN and website) (1 September 2020)
  • requiring ASQA to publish historical regulatory decisions of an RTO on the National Register (1 September 2020)
  • requiring ASQA to publish adverse regulatory decisions on the National Register at the time of decision (1 March 2021).

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

Changes to requirements for RTOs

Changes to ASQA’s processes

Key changes to ASQA’s processes include:

Other changes

Other key 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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