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Lapse of Registration
An RTO’s registration will automatically lapse if it does not deliver any training and/or assessment to VET students for a consecutive period of 12 months or more (the ‘measurement period’). This applies to any consecutive 12-month period after 1 January 2023.
ASQA will notify providers that they have lapsed and require them to return their certificate of registration within 10 days of notification.
How can I request to extend my measurement period?
RTOs can request an extension to the measurement period for non-delivery. The request must be made 90 days prior to the RTO’s lapse date.
ASQA has no power to unilaterally extend the measurement period for an RTO. An application to extend must be made by the RTO.
An RTO must provide details of the circumstances outside the RTO’s control that caused it not to provide training and/or assessment for 12 consecutive months, with supporting evidence if ASQA is to consider granting an extension.
It is intended that ASQA will extend measurement periods sparingly, and only in select and specific circumstances where compelling reasons outside the provider’s control can be demonstrated, such as:
- exceptional personal circumstances – for example death or prolonged illness of an Executive Officer in a small RTO
- exceptional external circumstances – for example major fire, flood, or pandemic events
- critical VET workforce shortages – for example a regional RTO that is unable to deliver its usual courses due to a critical, ongoing shortage of trainers and assessors.
The request must be supported by evidence of the extenuating circumstances and identify the length of the requested extension along with a detailed plan for resuming delivery of training and/or assessment.
Examples of reasons for non-delivery that ASQA is unlikely to consider warrant granting an extension:
- a protracted sale or intention to sell the RTO
- dormancy while awaiting CRICOS registration, or awaiting state funding contracts
- deliberate “hibernation” of an RTO by avoiding training and/or assessment in its first period of registration
- lengthy overseas travel or voluntary absence by an Executive Officer of an RTO.
A request for an extension can be made via the Request to extend measurement period webform.
ASQA can provide an extension to the measurement period up to a maximum of 12 months for any individual RTO. Providers will be notified of the outcome of their request prior the lapse date.
If the RTO disagrees with ASQA’s decision regarding the extension request, it may apply for reconsideration of the decision.
RTOs that lapse are not prohibited from re-applying to register as an RTO at any time through usual market entry processes.
Transition period for lapsing registration
The registration of a provider that has not delivered training and/or assessment for 12 consecutive months or more (the measurement period) between 1 January 2023 and 1 July 2024 will automatically lapse on 1 July 2024. To remain registered from 1 July 2024, ASQA must grant a provider’s application to extend its measurement period.
- Where a provider’s measurement period (12 consecutive months of non-delivery) ends before 1 July 2024, the provider must apply to ASQA for an extension to the measurement period by 1 May 2024.
- Where a provider’s measurement period ends within 30 days after 1 July 2024, the provider must apply to ASQA for an extension to the measurement period at least 60 days before its lapse date.
It is important to note that:
- Where a provider had 12 consecutive months or more of non-delivery after 1 January 2023, a recommencement of delivery will not have the effect of resetting the measurement period. Providers in these circumstances will need to make an extension application by 1 May 2024 to continue to be registered beyond 1 July 2024.
- Where a provider is about to reach 12 consecutive months of non-delivery before 1 July 2024, it will need to make an extension application by 1 May 2024.
For more information about applying for an extension to the measurement period see How can I request to extend my no delivery period?
Example 1
Where a provider’s registration would have lapsed prior to 1 July 2024 due to 12 continuous months of nil delivery.
An RTO has not delivered training and/or assessment since 1 January 2023. Ordinarily, the RTO’s registration would have lapsed at the end of the day on 31 December 2023 as its 12-month nil delivery period (the ‘measurement period’) would have passed. However, under the transition provisions in the legislation, this RTO’s registration will lapse on 1 July 2024.
The RTO may request an extension to the measurement period. Under the transition provisions, the extension request must be made at least 60 days before 1 July 2024, that is, 1 May 2024.
If the RTO submits an extension request with the necessary supporting evidence by 1 May 2024, ASQA will assess that request and notify the RTO of its decision prior to 1 July 2024. If the RTO disagrees with ASQA’s decision regarding the extension request, it may apply for reconsideration of the decision.
If the RTO does not request an extension or an extension request is not approved, its registration will lapse on 1 July 2024. Once lapsed there is no opportunity for review.
Example 2
Where a provider’s registration would lapse after 1 July 2024 due to 12 continuous months of nil delivery.
An RTO has not delivered training and/or assessment since 1 September 2023. If the nil delivery continues until 31 August 2024, the RTO’s registration will lapse.
Given that the RTO’s potential lapse date is after the expiry of the transition provisions, the RTO will need to submit an application for an extension to the measurement period, along with the necessary supporting evidence, at least 90 days prior to 31 August 2024 (the date its registration would otherwise lapse).
If the RTO submits an extension request with the necessary supporting evidence by 1 June 2024 (90 days prior), ASQA will assess that request and notify the RTO of its decision prior to 31 August 2024. If the RTO disagrees with ASQA’s decision on the extension request, it may apply for reconsideration.
If the RTO does not request an extension, or its extension request is not approved, its registration will lapse at the end of the day on 31 August 2024 with no opportunity for review.
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