Clauses 1.26 to 1.27—Manage transition from superseded training products

Clause 1.26

Subject to clause 1.27 and unless otherwise approved by the VET Regulator, the RTO ensures that:

1. where a training product on its scope of registration is superseded, all learners’ training and assessment is completed and the relevant AQF certification documentation is issued or learners are transferred into its replacement, within a period of one year from the date the replacement training product was released on the national register
2. where an AQF qualification is no longer current and has not been superseded, all learners’ training and assessment is completed and the relevant AQF certification documentation issued within a period of two years from the date the AQF qualification was removed or deleted from the national register
3. where a skill set, unit of competency, accredited short course or module is no longer current and has not been superseded, all learners’ training and assessment is completed and the relevant AQF certification documentation issued within a period of one year from the date the skill set, unit of competency, accredited short course or module was removed or deleted from the national register
4. a new learner does not commence training and assessment in a training product that has been removed or deleted from the national register.

Clause 1.27

The requirements specified in clause 1.26 (a) do not apply where a training product requires the delivery of a superseded unit of competency.

What clauses 1.26 and 1.27 mean for your RTO

ASQA’s strategic review into the marketing and advertising practices of RTOs found that almost 12 per cent of a random sample of 238 RTO websites were found to be marketing qualifications after the relevant transition period had expired. This is of significant concern, as the average consumer would not recognise that the courses being offered were out of date.

Students are entitled to graduate with a qualification that reflects the current skill needs of the relevant industry. If a qualification is superseded or discontinued, this is a clear indication that industry needs have changed and the previous qualification is no longer the most suitable.

To best meet the needs of your students and of industry, transfer students from superseded qualifications into replacement qualifications as soon as possible.

Superseded training products

Where a training product is superseded by a replacement version, all delivery to all students in the superseded version must finish within one year. This should see the student transferred to the replacement product; however, before this can happen, you must ensure that the replacement training product is on your RTO’s scope of registration.

Where the developer responsible for the parent training package deems the replacement training product is equivalent to the superseded qualification, in most cases ASQA will automatically update your RTO’s scope of registration to include the replacement training product. Your scope will be updated immediately after the endorsement process, unless your RTO:

• has ‘opted out’ of this process, or
• has unresolved compliance issues that prevent the scope update.

In cases where the training product is not considered equivalent to the earlier version or where your RTO has ‘opted out’ of automatic updates, before transferring any student enrolments you will need to:

• apply to ASQA for the replacement to be added to your RTO’s scope of registration
• have that application approved.

An RTO that holds a delegation from ASQA (to manage its own scope of registration) can add the relevant training products to their scope without application (except for designated qualifications and skill sets from the TAE Training Package).

Students who will complete their study in the superseded product and be issued with a qualification or statement of attainment within the one-year transition period do not need to be transferred to a replacement training product.

During the one-year transition period, students may still commence training in the superseded training product; however, these students must then either be completed or transferred out before the end of the transition period.

ASQA will remove the superseded training product from your RTO’s scope of registration one year from the date it was superseded. From this date, you must not:

• train students in that training product
• issue a qualification or statement of attainment for that training product (except as a replacement for a previously issued qualification or statement of attainment).

Removed or deleted qualifications

In some instances, training package developers determine there is no longer sufficient demand for a qualification to justify it being maintained. The qualification is removed or deleted without being superseded by another.

In this case, there is no clearly identified replacement qualification for students to transfer to, although you may be able to identify one that is the closest to meeting your students’ needs. Whether it is practical to transfer students to a suitable qualification will depend on a range of factors, including how close to completion each student is, but the guiding principle should be what will best meet the needs of the student. If completing the qualification is the best path for the student, your RTO must ensure that all training, assessment and issuance of certification is completed within two years of the date the qualification was removed.

You must not allow a new student to commence training or assessment from the date a qualification is removed or deleted from the national register of providers and courses, training.gov.au.

Two years after a qualification is removed or deleted from the national register, ASQA will remove the qualification from your RTO’s scope of registration. From that date, you must not:

• train any remaining students in that qualification
• issue that qualification (except as a replacement for a previously issued qualification).

Removed or deleted skill sets, units, short-courses

Where a skill set, unit (not attached to a qualification), or short-course is removed or deleted, your RTO must ensure that all training, assessment and issuance of certification is completed within one year of the date that the training product was removed or deleted.

You must not allow a student to commence training or assessment from the date a skill set, unit, or short-course is removed or deleted from the national register.

One year after a skill set, unit or short-course is removed or deleted from the national register, ASQA will remove the training product from your RTO’s scope of registration. From that date you must not:

• train students any remaining students in that skill set, unit, or short-course
• issue a statement of attainment for that skill set, unit, or short-course, except as a replacement for a previously issued statement of attainment.

In all cases, the date shown on the national register is considered to be the date of publication, deletion or removal.

Sometimes, a qualification, skill set or accredited course will specify a core or named elective unit that has been superseded,removed or deleted from a training package. In these cases you must continue to include the unit as named in the qualification, skill set or course being delivered, but may instead offer the new version of a superseded unit.

Where ASQA has agreed that exceptional circumstances apply to a certain cohort of students to justify delivery of a superseded training product beyond the allowable timeframes, e.g. where apprenticeship arrangements necessitate, this information will be published on www.asqa.gov.au. In such cases, the extension will usually apply to any RTO with scope for that training product, but only for delivery to a student whose enrolment matches the identified criteria.

A guide to compliance

The type of evidence available will differ, depending on how your RTO manages transitions.

Evidence from a student management system showing that no students were enrolled in a superseded qualification beyond the relevant date may be sufficient, particularly if the system:

• prevents enrolment of students into superseded, removed or deleted training products
• does not issue qualifications or statements of attainment beyond the allowable timeframes.

If your RTO is using a decision made by ASQA to allow delivery in specific circumstances beyond the usual allowable timeframes, retain evidence that all students involved match the identified criteria for this delivery.