All registered training organisations (RTOs) must notify ASQA of any changes to their contact details, and changes of events that affect the operation of the RTO.
RTOs must notify ASQA of these changes as soon as practicable after they happen and within 90 calendar days.
Use asqanet to notify ASQA of any of major changes. Major changes may include changes to chief executive officer/principal executive officer/executive officer/high managerial agent; financial administration status; legal name or type of legal entity; or ownership, directorship and/or control (including sale of RTO business).
Use asqanet to notify ASQA of changes to provider details, for example changes to addresses, contact details, website or RTO delivery sites.
If you are not sure if you need to notify ASQA of a change or event that has occurred or is planned to occur, it is in your best interest to do so.
Failure to notify ASQA of a material change or event can constitute a breach of the National Vocational Education and Training Regulator Act 2011.
Changes to scope
Please note that RTOs wishing to add or remove new (or revised) training package qualifications, units of competency, skill sets or accredited courses should submit an Application to amend scope of registration using asqanet. Where revised training package qualifications are considered ‘equivalent’ to those that they are replacing, an application is not required. For more information, please refer to the information on ‘transitioning to revised training packages’.
The Standards for Registered Training Organisations (RTOs) 2015 require your RTO to notify ASQA whenever you enter into, or cancel, a written agreement with a third party.
You must notify ASQA of these changes within 30 calendar days and without being requested to do so. Notification of third-party arrangements must be done online via the Third Party Service Arrangement notification form.
RTO sales and mergers
RTOs must notify ASQA of business sales/transfers and mergers as soon as practicable after they happen and within 90 calendar days of the change occurring.
An RTO’s registration is not transferable. If an RTO sells or otherwise transfers its business to another person or corporation, its registration cannot be transferred to that person or corporation.
The Australian Securities and Investments Commission Act 1989 defines a legal person as 'a body with individual legal powers, privileges, rights, duties or liabilities, whether a natural person (a human being) or an artificial person (e.g. a company, corporation or statutory body)'.
If the person or corporation to whom the RTO is sold or transferred is an RTO prior to the sale or transfer:
- the person or corporation must gain approval from ASQA to extend its scope of registration to cover any additional accredited qualifications it wishes to deliver after the sale or transfer.
If the person or corporation to whom the RTO is sold or transferred is not an RTO prior to the sale or transfer:
- the person or corporation must apply for initial registration, and ASQA must approve the application, before the new owner can operate as an RTO.
Change of legal entity
A change of legal entity will require a new application for initial registration, an audit and payment of the relevant fees.
A merger of two existing RTOs to create a new entity will also require a new application for initial registration, an audit and payment of the relevant fees.
RTOs must notify ASQA of impending changes to legal entity, via asqanet.
ASQA also requires RTOs to provide notification of changes (by completing the relevant form, via asqanet) to any of the following:
Changes to registration/contact details and/or locations, including:
- registered trading name/s
- address and/or contact details of the RTO's head office
- principal place of business (if different from the head office)
- contact details of chief executive officer or equivalent person
- contact details of 'day-to-day' contact person
- contact details of high-managerial agents
- location and/or contact details of permanent delivery sites (for delivery to domestic students only)
- commencement or cessation of offshore delivery
- commencement of delivery in other states or territories.
Other changes, including:
- financial status (for example, bankruptcy or liquidation)
- Fit and Proper Person Requirements
- legal entity which has the registration
- sale of the RTO
- ownership and/or control (shareholding, directorship other officeholders)
- legal name but not in legal entity
- organisation type
- significant or unexpected turnover of staff
- significant change to the RTO's funding revenue source (e.g. Government funding contract)
- commencing delivery to apprentices or trainees employed under a training contract
- another change not specified elsewhere.