The New Regulatory PolicyLandscape

Dr Dianne Orr Australian Skills Quality Authority

Commonwealth Parliament

Commonwealth Minister

ASQA

Standing Committee on Tertiary Education

Skills and Employment

NSSC

DEEWR

State / Territory Education Ministers

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Australian Skills Quality Authority

Chief Executive

Offices in all capital cities of Australia

Students, employers and governments have full confidence in the quality of vocational education and training outcomes delivered by RTOs

Robust framework of legislation and standards

The legislation

• National Vocational Education and Training Regulator Act 2011

• NVR Transitional Provisions Act 2011

• NVR Consequential Amendments Act 2011

• Education Services for Overseas Students Act 2000 (amended in 2010)

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• VET Quality Framework

• Standards for NVR Registered Training Organisations (AQTF)

• Fit and Proper Person Requirements

• Financial Viability Risk Assessment Requirements

• Data Provision Requirements

• Australian Qualifications Framework

• National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (CRICOS Registration)

• Standards for VET Accredited Courses

Legislative Instruments

Risk Management

Comprehensive risk management approach:

Three levels:

● Risk assessment of initial, renewal, scope applications (including financial viability risk assessment and fit and proper person assessment)

● Structured risk assessments of RTOs

● Analysis of system risks

Using the Risk Assessment Framework (S 190 of the Act)

Risk Assessment of RTOs

Categories of Risk

● Performance

● Governance

● Profile Impact indicators

Approach consistent with AS/NZS ISO 31000:2009 – standards for risk management(Published by Standards Australia)

Likelihood indicators

RTO Risk Assessment

Performance AQTF/VQF audit historyESOS audit historySubstantiated complaintsOther valid performance data

Governance Financial viability dataFundamental changes to scope of operationsReliance on partnering organisationsOrganisational ownership and planning

Total Likelihood Rating

Profile Scope of registrationDelivery of training leading to licensed or regulated outcomeRTO delivering training to overseas students in AustraliaDelivery of training offshoreMode of delivery

Total Impact RatingOverall Rating H M L

Indicators

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Risk Management

Analysis of VET system risks:

● Data from audit outcomes about compliance trends

● Feedback from industry bodies (ISCs and industry regulators) and professional associations

● Complaints data and trends

● State/Territory/Australian Government intelligence (e.g. apprenticeship regulation, purchasing, DIAC)

● Analysis of data based on quality indicators including student and employer outcomes, & visa data

Industry Engagement

Aim: Confidence that vocational outcomes meet industry standards

Engagement strategies

• Guidance on learning and assessment resources

• Additional requirements for Licensing outcomes

• Participation in audit activities, pre-audit, technical advisers on audits or strategic industry audits

• Development activities for auditors

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Rigorous audit approach

• Systematic and rigorous

• Outcomes focused

• Evidence-based

• Flexible

• Fair, open and transparent

• Moderated

Rigorous assessment of courses for accreditation

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Transparency and fairness

• Processes transparent

• Procedurally fair

• Decisions clear and accountable

• Review of decisions by ASQA

• Review by Administrative Appeals Tribunal

The National VET Regulator will have regard to the interests of students, industry and the public in its decision making

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Informed choice for consumers• Exploring the publishing of audit outcomes

• Published list of RTOs & names of high managerial agents - registration cancelled or suspended and reasons

The near future

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Regulator accountability

The National VET Regulator reports annually to the Commonwealth Minister and the Ministerial Council against key performance indicators

Annual report tabled in the Australian Parliament

Report on ASQA’s compliance with VET regulator standards

Certification of ASQA quality systems to ISO 9001

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AccessibilityOne national regulator for:

• RTO registration (except for VIC and WA where providers have state based operations)

• CRICOS registration for VET, ELICOS & Foundation Studies providers (but not schools or HE)

• Course accreditation (also in WA and VIC)

One national regulator to monitor compliance including:

• any cross-jurisdictional operations

• operations outside of Australia where training and assessment are conducted and AQF qualifications and Statements of Attainment are issued

• any online operations

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ASQA offices

CourseAccreditation

Compliance Operations

Risk Assessment

Risk Assessment

Risk AssessmentLegal and InvestigationsComplaints

National Panel of Compliance Auditors

Risk Analysis and Industry Engagement

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Thank you

www.asqa.gov.au