Recent legislative changes

ASQA's regulation of Australia's vocational education and training sector is supported by a framework of legislation and standards.

This includes:

NVR Framework

• National Vocational Education and Training Regulator Act 2011
• the VET Quality Framework
• Standards for VET Accredited Courses 
   

ESOS Framework 

• Education Services for Overseas Students Act 2000
• National Code of Practice for Providers of Education and Training to Overseas Students 2018
• English Language Intensive Courses for Overseas Students 2018
   

Legislative changes - NVR Act

On 29 March 2024, the National Vocational Education and Training Regulator Amendment (Strengthening Quality and Integrity in Vocational Education and Training No.1) Act 2024 (the Act) was enacted.  

The Act amends the NVR Act to ensure ASQA has the necessary regulatory tools to: 

• address integrity risks posed by non-genuine or unscrupulous RTOs
• ensure greater scrutiny of new RTOs
• promote a quality VET sector that provides for strengthened student protections and that benefits students, industry and the community as a whole. 

About the changes 

The amendments provide greater protections for students, and additional powers for ASQA to prevent RTOs from using their business as a veil of legitimacy for fraudulent activity, to circumvent regulatory requirements, or to lure and mislead students.  

The amendments implement recommendations from the Braithwaite Review and respond more broadly to the findings of the Nixon Review in relation to VET sector integrity risks.  

Key changes now in effect:

• 12 consecutive months of nil delivery of training and/or assessment by an RTO will result in a lapse (or end) of registration, unless an extension to the measurement period is obtained from ASQA
• scope of registration cannot be changed in the first 24 months of an RTOs registration
• ASQA will have up to 120 days to decide a reconsideration matter  
• ASQA can determine the order in which it processes initial applications for RTO registration
• the Minister may determine by legislative instrument a specified period where ASQA will not be required to accept or process initial applications for RTO registration
• extended provisions for false and misleading conduct by an RTO  
• significant penalty increases for breaches of the NVR Act.