Fit and Proper Person Requirements

5 September 2023

An amended Fit and Proper Person Requirements Instrument under the Standards for Registered Training Organisations (RTOs) 2015 is now in place.

To view the media release, visit the DEWR webpage here.

Key changes

Some of the key changes include:

Makes clear that the VET Regulator must have regard to all matters it considers relevant that are specified in Schedule 3 to determine if a person is fit and proper.
Makes clear that in the application of the FPPRs, the definition of ‘person’ includes a body politic or corporate as well as an individual.
Extends fit and proper person requirements beyond CEOs and high managerial agents to any person which exercises a degree of control or influence over the management or direction of the RTO.
Provides more specific information that the VET Regulator can have regard to, and consideration for, in assessing a person’s compliance with the law. In particular, allows the VET Regulator to consider any situation where an offence has been found to have been committed regardless of whether a conviction was recorded.
The inclusion of the consideration of outcomes of previous applications for registration and renewal. This is also extended to approvals as a course provider under the VSL Act; VET provider under the Higher Education Support Act and State and Territory funding arrangements for provision of education.
Stepped out the bankruptcy and insolvency considerations.
Expansion of considerations of provision of false and misleading information to include more than just the VET Regulator (e.g. TEQSA, TPS Director).
Addition of the term ‘government training contract’ - a contract that a RTO has with the Commonwealth or a state or territory (or a statutory authority of a state or territory) under which it receives funding in relation to the provision by the registered training organisation of vocational education and training.

Transition Arrangements

Declaration (signed) date	Old Declaration	New Declaration
Prior to publication on Federal Register of Legislation – up to and including 4 September 2023	X
Date of effect – 5 September 2023 onwards		X

Please note: You are not required to submit a new version of the Fit and Proper Person Declaration, unless:

you are directly requested by ASQA at any point of a regulatory activity
you are submitting an application after 5 September 2023.

If you have any questions, please contact us via our online form or on 1300 701 801.