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Clauses 8.5 – 8.6

Comply with all relevant legal requirements

Clause 8.5

The RTO complies with Commonwealth, State and Territory legislation and regulatory requirements relevant to its operations.

Clause 8.6

The RTO ensures its staff and clients are informed of any changes to legislative and regulatory requirements that affect the services delivered.

What this Standard means for your RTO

Your RTO must comply with all relevant legislative and regulatory requirements.

This includes, but is not limited to, compliance with:

  • the National Vocational Education and Training Regulator Act 2011 and the legislative instruments it enables
  • legislation, regulations and standards related to delivery of training to overseas students (if applicable)
  • workplace health and safety legislation and regulations
  • anti-discrimination legislation and regulations, and
  • consumer protection requirements.

You must keep your staff and clients (including learners) informed about any changes to legislative and regulatory requirements that may affect the delivery of training and assessment. It is your RTO’s responsibility to ensure it is aware of all relevant requirements.

A guide to compliance

RTOs are not required to have policies or procedures in this area. In general, compliance with these clauses would be demonstrated by the RTO cooperating with ASQA in the normal course of business and maintaining compliance with the Standards.

RTOs could demonstrate compliance with requirements to keep staff and clients informed by showing how they have advised of changes to legislation or other regulatory requirements, for example, through publishing updates on legislation on a staff Intranet, sending regular newsletters to staff and learners, or publishing online information about relevant changes.

Should ASQA become aware that an RTO has not complied with any legislative or regulatory requirement, ASQA may notify the relevant regulatory agency. Breaches of legislative or regulatory requirements may have an impact on the continued registration of the RTO.

If your organisation is seeking registration as an RTO, you are not required to provide specific evidence in this area.