Why Are The National Vocational Education and Training Regulator Act 2011 So Difficult To Understand?The National Vocational Education and Training Regulator Act 2011 is a piece of legislation written with a large amount of legalese. Similar to how the Corporations Act 2001 is not an easy piece of legislation to read, neither is the NVR Act 2011. This is why RTOs require the expertise of a Compliance Consultant to help them decipher the terminology used and the explanations given in the legislative instrument.
What does the NVR Act 2011 contain?There are five parts to the NVR Act 2011 – the introduction, the registration, the accreditation of courses, the power to issue and cancel VET qualifications by the National VET Regulator (which is ASQA), and the investigative powers afforded to ASQA by the Act. In-depth information is provided within the Act regarding ASQA’s powers and limitations, the expectations of an NVR registered training organisation (RTO), and what qualifies a registration as well as what conditions need to be abided by to maintain registration. Whilst the legislation is not exhaustive as many industry bodies and those who have been involved with the VET industry for decades would like it to be.
Is there a simpler version of the Act that is easily readable for starting a new RTO?Yes, there is a user guide provided by the Australian Skills Quality Authority (ASQA) on their website that provides common users such as an RTO business owner, an RTO admin personnel, or a trainer and assessor. This information is located under the RTOs heading. Anyone that is thinking to own their own RTO should have a look at this website to give you a full guide of what is required. The user guide developed by ASQA is to guide and assist RTOs in understanding their obligations under the Standards for RTOs 2015, with many practical suggestions and examples given to help RTOs navigate through their compliance obligations. The user guide has been sectioned into six chapters – marketing and recruitment, enrolment, support and progression, training and assessment, completion, and regulatory compliance and governance practice. Each chapter provides the reader with adequate information on what the expectations are, the clause(s) it relates to, what it means for the RTO, how the RTO can demonstrate compliance to the Standards, as well as one or more practical examples. This is particularly beneficial when there are any grey or uncertain areas. Whilst ASQA will not give specific directions about RTOs policies or practices over the telephone, this guide can help you determine if your RTO is within the compliant boundaries, or whether tweaks will need to be enacted to ensure your RTO is operating compliantly to the Standards.
Can an RTO consultant help me understand the Training Regulator Act 2011?RTO consultants are designed to help RTO owners and RTO managers understand complex compliance issues and implement them in their RTO. Click here to find an RTO consultant in Australia. If you are thinking of using RTO consulting in your business it makes sense to get one that can help you understand a complex issue in an easy manner you can also find more information by visiting https://www.edna.edu.au/rto-consulting/.
Why are so many RTOs being canceled or sanctioned by ASQA?Quite simply put, they have not complied with the Standards for RTOs 2015 or the National Code 2018. Having analysed the hundreds of cancellations, rejections, and sanctions imposed by ASQA, the majority of these training organizations appear to have poor quality controls and do not follow their policies and procedures correctly, particularly around marketing, enrolment and assessment collection and marking. ASQA generally understands if one or two mistakes are made. However, where it has been evidenced that the problem is systemic and steps will need to be taken to rectify and eliminate the glaring compliance issue, this is where ASQA will use its powers to ensure the students are properly taken care of and not taken advantage of. Get a list of common compliance mistakes made by RTO managers.
What is the most important thing every RTO needs to be aware of?As harsh as this sounds, RTOs need to make sure their Compliance Managers or Compliance Consultants are knowledgeable and are given full access to all of the organisation’s records.RTOs also need to ensure that they listen to their Compliance Managers or Consultants and enact the recommendations given as soon as possible. Delaying any recommendations can potentially place your RTO in grave danger and in turn, jeopardise your students’ and your employees’ future, and the future of your business. Visit this website for more information about understanding RTO compliance standards Many a time recommendations are made to RTO owners to change their policies or procedures or change their assessment tools as they do not clearly meet the unit of competency being assessed, and instead of adopting these recommendations in its entirety to ensure their RTO are compliant and are not unnecessarily exposed, they have decided that it is a waste of money for them to implement these changes and let it go wayside. Inevitably, ASQA comes knocking, and they are shocked when they are slapped with a sanction or worse still, a notice of cancellation of registration.
Is there any recourse if ASQA sanctions an RTO?ASQA generally provides an RTO with an opportunity to address any non-compliances found following an audit. Avoid these mistakes made by new RTO owners by clicking here. An RTO needs to genuinely show ASQA that they are willing to make amends for their errors and will ensure that no future learners are impacted by their mistakes. You can always outsrouce the RTO advice by visiting this website. If a rectification submission is rejected by ASQA, an RTO has the option to either take it further with the Australian Administrative Tribunal (AAT) or accept the decision passed down by ASQA. The wisest decision is to always remain compliant and conduct regular continuous improvement activities to examine whether the policies and procedures are working for the RTO and are still compliant (as changes do occur from time to time which can significantly impact an RTO). As long as you stay on top of your compliance obligations, you will not need to worry about being sanctioned by ASQA!
Why Does ASQA Use A Student-Centred Approach when dealing with RTOs?ASQA found that having a student-centered focus will improve a student’s experience and elevate our vocational education standards internationally. Having undergone a period of tumult with a very small number of RTOs rorting the VET FEE-HELP scheme and its owners flagrantly structuring their operations to only benefit them and not their students or the wider Australian community, ASQA developed a student-centered model to weed out unscrupulous training providers and only allow for those who truly put a student’s best interests at the forefront of their strategies and plans.
RTOs practices and behaviorsUnder the student-centered approach, ASQA structures an audit around RTOs practices and behaviors with regards to marketing and recruitment, enrolment, support and progression, training and assessment, and completion. This audit is tailored to the intelligence ASQA holds on an RTO and the scope is decided on based on that intelligence they hold – including feedback received from current and former students and employees, feedback received from the industry, as well as information readily available from education agents, the media and on the internet concerning the RTO. Your compliance history and any funding arrangements you have in place such as if you are receiving any Government funding will also play a part in ASQA’s decision as to the depth and scope of the compliance audit, get the compliance advice your need by clicking here. What are the key elements of the student experience? The five key elements are:
- Marketing and recruitment (Clause 4.1) – where an RTO’s marketing and advertising practices and activities are examined to confirm if accurate and factual information so that potential students can make informed decisions.
- Enrolment (Clause 5.1-5.3 and 7.3) – where an RTO’s approach to ensuring only students who have the pre-requisite skills, knowledge and experience are able to enrol and undertake the nationally recognised training.
- Support and progression (Clause 1.7) – where an RTO’s strategies and policies around supporting students show that they enable a student to progress through the course and are able to attain the qualification they set out to achieve. This includes any financial hardship or language challenges they may be experiencing.
- Training and assessment (Clause 1.1-1.3, 1.8, 1.13-1.18 and 1.20) – where an RTO’s practices and tools are compliant and delivers the training and assessment as set out in the training package.
- Completion (Clause 3.1) – where an RTO ensure that only students who are assessed as meeting the course or training package requirements are issued with the Australian Qualifications Framework (AQF) certificates.