National Vocational Education and Training Regulator Amendment Act 2020

On July 01 every year, the Amendment Act for the National Vocational Education and Training Regulator gets implemented.

Click here to view the changes that have been made for:

Requirements for the RTOs?

In order to encourage and promote a quality VET system and benefits to RTO industry, amendments have been made to the NVR Act.

Here are the changes:

  • Demonstrate a commitment and capability to delivering quality VET –
  • Events that significantly affect RTO’s ability to comply with the VET Quality Framework and substantial changes to operations –
  • Providing information to ASQA – ASQA asks for the  information from RTOs
  • Third party arrangements – any non-RTO when intends to deliver a VET course, it needs to sign a written agreement with an RTO to deliver a course on it’s behalf.
  • VET qualifications or VET statements of attainment – ASQA holds the right to cancel a testamur or VET qualification or statement of attainment where there is a reasonable evidence of non-performance of the RTO.
  • Providing electronic student records – ASQA instructs RTOs to keep their student data in a set electronic format to best suit the records management.
  • Internal reviews – It encourages RTOs to conduct internal review to identify any non-compliance during the regulatory process.

Changes to ASQA’s Processes

changes have been made to the ASQA processes as well which includes:

  • RTO registration—Decision date of effect – with this change in place, RTOs will get more time to apply for the registration renewal etc.
  • Condition periods – ASQA now has the authority to decide the duration of the condition for RTO registration, and is also authorised to remove the registration conditions after a satisfactory inspection.
  • Audit reports – this change encourages ASQA to be transparent in its actions. 
  • Withdrawing RTO registration?—Students records – In certain cases when an RTO closes, students are still supported and are provided with their VET student records. 
  • VET accredited courses – now ASQA can set the date of efefct for VET accredited course renewal. determine the period for which the condition is placed, remove the conditions and also issue general directions regarding the accredited courses. 
  • Compliance actions and review processes – 
  • Sharing and publishing information – This change implies to provide transparency of information. 
  • Publishing ASQA decisions – transparency in decisions by publishing them to the National Register

It is proposed that from March 2021 onwards, ASQA will have to publish more details about the adverse regulatory decisions relating to:

  • impose or vary a condition of registration
  • issue a written direction requiring the RTO to notify its VET students of certain matters
  • shorten an RTO’s period of registration
  • amend all or part of an RTO’s scope of registration
  • suspend all or part of an RTO’s scope of registration
  • cancel an RTO’s registration
  • reject an application for renewal of RTO registration
  • cancel VET qualifications or statements of attainment.
  • if an RTO applies for a review of a decision, ASQA will also publish information about whether a stay has been granted, affirmed, varied or revoked. 

Other Changes

This amendment in the act also brings few other key changes in it:

  • The Department’s Secretary has the authority to release the information to the public for VET students and employers. 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.