A key part of the Minister for Skills and Training, The Hon Brandan O’Connors recent announcement regarding strengthening integrity for training organisations will provide VET regulators with stronger powers to scrutinise people managing, overseeing and controlling Registered Training Organisations (RTOs).
“We are determined to support the Commonwealth and State agencies that are collaborating to address serious problems and to provide them the powers they need to ensure non-genuine VET providers are eliminated from the system.” Said the Minister.
ASQA’s increase in powers
The changes allow the Australian Skills Quality Authority (ASQA) more scope to keep substandard, unethical, dishonest or non-compliant practices out of the VET sector. Owners and senior managers at RTOs are required to comply with the ‘Fit and Proper Person’ Requirements as a condition of registration.
There will be an expanded list of matters that will be considered when determining if a person is fit and proper, including a broad power for ASQA to consider conduct that suggests a deliberate pattern of unethical behaviour.
Other expanded powers for ASQA include:
- allowing ASQA to consider instances where an offence was proven but no conviction was recorded;
- allowing ASQA to consider a persons management history and past breaches of registration
- expanding the types of evidence which can be considered that show false and misleading conduct by providers; and
- allowing ASQA to consider whether the provider has been found not to be fit and proper under an expanded range of federal and state laws, not merely in the VET sector.
ASQA works in partnership across government to detect and deter non-genuine providers, including through using their powers to enforce compliance and, where necessary, cancel a provider’s registration.
Of the changes, CEO of ASQA Ms Saxon Rice says “As the national VET regulator, ASQA welcomes the measures announced by the government to target unethical, dishonest or non-genuine providers that undermine community confidence in the VET sector.”
“Strengthening the rules for the fit and proper persons test will give ASQA broader authority to scrutinise people who own, operate and manage Registered Training Organisations, and ensure they meet higher and broader standards.” She said.
ASQA on the Job
The Koala is engaged with the sector and has seen and heard many mutterings of the regulators not doing their jobs. “How can we be in a place like this if they were?” is one common phrase heard.
Rightly or wrongly, there has been much said about bad behaviour of providers and those who runr them however not much about what has been done to correct it.
In a request put to ASQA on this point, the Koala can now report ASQA made a total of 63 cancellation of registration or rejection of renewal decisions in financial year 2022-23.
An example.
The Koala became aware of one such notice of cancellation and requested information from ASQA on it. The following response was obtained.
On 6 June 2023, ASQA issued [name withheld] with a notice of intent to cancel its VET and ESOS registrations, and a notice of intent to reject the renewal of its VET and ESOS registration. [Name withheld] had 20 working days to provide a response to the notice of intent.
Following a review of [name withheld] response, ASQA made a decision to cancel [name withheld] VET and ESOS registration and not renew its VET and ESOS registration on 17 August 2023.
[Name withheld] can apply to ASQA to conduct an internal review of these decisions by submitting an application within 30 days of being informed of the decision. When submitting an internal review application, providers can request that ASQA delay or ‘stay’ the date these decisions take effect until the review process is finalised.
Where ASQA receives an application for internal review, the outcome will be advised to the provider in writing within 90 days of receiving the complete application.
A spokesperson for ASQA says “The Australian Skills Quality Authority has made a decision to cancel [name withheld] VET and ESOS registration, following its non-compliance with the Standards for RTOs and the National Code across [name withheld’s] scope of operations. This decision is due to come into effect on 23 September 2023 subject to any application for a stay of the decision and internal review.”
Further information and reporting
To follow or obtain more information about ASQA’s role, see here.
Anyone with information or concerns about a provider’s compliance or behaviour should contact ASQA via our online complaints portal, asqaconnect.
The Koala firmly believes there’s no place for fraud or unscrupulous behaviour when it comes to student’s lives.
