Penalty increases

Stronger penalties have been imposed to deter unscrupulous RTOs. Criminal and civil penalties for offences which threaten integrity have increased up to five-fold.

The table below details the individual penalty unit increases.

Provision	Current penalty (units)	Proposed penalty (units)
s.64 - Failure to comply with National VET Regulator’s request	30	150
s.71 - Failure to comply with a request by an authorised officer to answer questions or produce documents	30	150
s.79 - Failure of an occupant to provide reasonable facilities and assistance for the effective exercise of an authorised officer’s powers under a warrant	30	150
s.93 - Offence for providing all or part of VET course which is outside the RTO’s scope of registration	120	600
s.94 - Civil penalty for providing all or part of VET course which is outside the RTO’s scope of registration	240	1,200
s.95 - Offence of issuing a VET qualification which is outside the RTO’s scope of registration	300	1,500
s.96 - Civil penalty for issuing a VET qualification which is outside the RTO’s scope of registration	600	3,000
s.97 - Offence of issuing a VET statement of attainment which is outside the RTO’s scope of registration	300	1,500
s.98 - Civil penalty for issuing a VET statement of attainment which is outside the RTO’s scope of registration	600	3,000
s.99 - Offence of advertising all or part of a VET course which is outside the RTO’s scope of registration	120	600
s.100 - Civil penalty for advertising all or part of a VET course which is outside the RTO’s scope of registration	240	1,200
s.101 (1) and (2) - Offence of engaging in certain conduct which is prohibited while the RTO’s scope of registration is suspended	120	600
s.102 (1) and (2) - Civil penalty for engaging in certain conduct which is prohibited while the RTO’s scope of registration is suspended	240	1,200
s.103 (1) and (2) - Offence of issuing a VET qualification without providing an adequate assessment	120	600
s.104 (1) and (2) - Civil penalty for issuing a VET qualification without providing an adequate assessment	240	1,200
s.105 (1) and (2) - Offence of issuing a VET statement of attainment without providing an adequate assessment	120	600
s.106 (1) and (2) - Civil penalty for issuing a VET statement of attainment without providing an adequate assessment	240	1,200
s.107 - Offence of issuing a VET qualification without ensuring that the student satisfied the requirements of the qualification	120	600
s.108 - Civil penalty for issuing a VET qualification without ensuring that the student satisfied the requirements of the qualification	240	1,200
s.109 - Offence of issuing a VET statement of attainment without ensuring that the student satisfied the requirements of the units of competency or modules specified in the statements	120	600
s.110 - Civil penalty for issuing a VET statement of attainment without ensuring that the student satisfied the requirements of the units of competency or modules specified in the statements	240	1,200
s.111 (1) - Civil penalty for an RTO which breaches a condition of its registration	240	1,200
s.111 (2) - Civil penalty for an RTO which breaches a condition of its registration as prescribed by regulations	120	600
s.112 (1) and (2) - Civil penalty for a failure to return certificate of registration	120	600
s.114 - Offence of falsely claiming to be an NVR registered training organisation	300	1,500
s.115 - Civil penalty for falsely claiming to be an NVR registered training organisation	600	3,000
s.116 (1) and (2) - Offence of providing, or offering to provide, all or part of a VET course without registration	300	1,500
s.117 (1) and (2) - Civil penalty for providing, or offering to provide, all or part of a VET course without registration	600	3,000
s.118 - Offence of issuing VET qualification if the person is not an RTO	300	1,500
s.119 - Civil penalty for a person who is not an RTO issuing a VET qualification	600	3,000
s.120 - Offence of a person who is not an RTO issuing a VET statement of attainment	300	1,500
s.121 - Civil penalty for a person who is not an RTO issuing a VET statement of attainment	600	3,000
s.123A - Offence for a person who advertises or offers a VET course without identifying the issuer of VET qualification or statement of attainment	60	300
s.123B - Civil penalty for a person who advertises or offers a VET course without identifying the issuer of VET qualification or statement of attainment	120	600
s.126 - Offence of purporting to issue a VET qualification	300	1,500
s.127 - Civil penalty for a person purporting to issue a VET qualification	600	3,000
s.128 - Offence of purporting to issue a VET statement of attainment	300	1,500
s.129 - Civil penalty for a person purporting to issue a VET statement of attainment	600	3,000
s.130 - Civil penalty for a person who breaches a condition of accreditation	120	600
s.140 (5) - Offence of failing to give the National VET Regulator all reasonable assistance in connection with an application for a pecuniary penalty order for a contravention of a civil penalty provision	30	150
s.211 (3) - Offence of failing to provide VET student records to the National VET Regulator	150	750
s.211 (4) - Civil penalty for failing to provide VET student records to the National VET Regulator	300	1,500