The New
Regulatory
Policy
Landscape
Dr Dianne Orr
Australian Skills Quality Authority
Regulated Training Organisations
Governance
Commonwealth Parliament
Commonwealth Minister
ASQA
DEEWR
Standing Committee
on Tertiary Education
Skills and
Employment
State / Territory Education
Ministers
NSSC
Australian Skills Quality Authority
Chief Executive
Offices in all capital cities of Australia
3
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)
Legislative Instruments
• 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
6
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
Likelihood indicators
●
Governance
●
Profile
Impact indicators
Approach consistent with
AS/NZS ISO 31000:2009 – standards for risk management
(Published by Standards Australia)
RTO Risk Assessment
Indicators
Performance
AQTF/VQF audit history
ESOS audit history
Substantiated complaints
Other valid performance data
Governance
Financial viability data
Fundamental changes to scope of operations
Reliance on partnering organisations
Organisational ownership and planning
Total Likelihood Rating
Profile
Scope of registration
Delivery of training leading to licensed or regulated outcome
RTO delivering training to overseas students in Australia
Delivery of training offshore
Mode of delivery
Total Impact Rating
Overall Rating H M L
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
10
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
Rigorous audit approach
• Systematic and rigorous
• Outcomes focused
• Evidence-based
• Flexible
• Fair, open and transparent
• Moderated
Rigorous assessment of courses for accreditation
12
Transparency and fairness
The National VET Regulator will have regard to the
interests of students, industry and the public in its
decision making
• Processes transparent
• Procedurally fair
• Decisions clear and
accountable
• Review of decisions by ASQA
• Review by Administrative
Appeals Tribunal
13
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
14
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
15
Accessibility
One 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
16
ASQA offices
Compliance Operations
Risk Analysis and
Industry Engagement
Risk Assessment
Course
Accreditation
Risk Assessment
Risk Assessment
Legal and Investigations
Complaints
National Panel of
Compliance Auditors
17
Thank you
www.asqa.gov.au
18