ASQA Provider Roundtable Communiqué March 2024

The ASQA Provider Roundtable (PRT) held its first meeting for 2024 on 26 March.

PRT was chaired by the Deputy Chief Executive Officer Christina Bolger. The Chair provided a general briefing, noting that ASQA has published the quarterly update and an inaugural Regulation report to provide greater visibility of our role as regulator. 

Integrity measures

ASQA advised that to date over 1000 tip-offs have been received through the tip-off line. These tip-offs are an amplification of input and intelligence leading to more lines of enquiry and investigation. This information supports building our network intelligence capability. 

Discussion focussed on the triage mechanisms ASQA uses to ensure vexatious tip-offs (such as those from competitor RTOs or ex-staff members) are identified. Members were assured that tip-offs are viewed in the context of ASQA’s broader intelligence holdings, and that the sector should not fear punitive regulatory action stemming from disingenuous tip-offs.

Standards for Registered Training Organisations 2015

ASQA provided an update on the early changes to the Standards for RTOs that came into effect on 1 March. The changes, which aim to address current pressures on the VET workforce, have received broad sector support. The changes include updated trainer and assessor requirements and strengthened Fit and Proper Person Requirements.

PRT were encouraged to support and amplify the messaging for their members to establish a consistent understanding of providers’ obligation to ensure that key personnel meet the Fit and Proper Person Requirements. ASQA continues to work with DEWR on the revised Standards and is currently assessing implementation requirements.

Service Standards 

ASQA advised that while the agency is meeting some of its service standards, we are falling short on others. ASQA has a clear program of work to address this shortfall, including investment in systems and data to manage a high volume of applications. This program of work will help provide a more efficient service and reduce delays for providers and applicants.

Cost Recovery 

ASQA is about to commence a review of the Cost Recovery Model and Cost Recovery Implementation Statement (CRIS). ASQA will engage with stakeholders including PRT members in the development of this new CRIS. 

Partnering in communication 

PRT noted that the various VET reforms currently in progress present opportunities for collaboration between ASQA and PRT members. In particular, promotion of provider strategies to support student wellbeing and good governance will be a key focus. Another key component of this collaborative approach will be transition to the revised Standards. ASQA would like to understand how we can better partner with members to jointly convey messaging that supports the sector through this transition. 

Opportunities for greater engagement were discussed including open invitations for ASQA to attend meetings and events hosted by members, and scheduling special purpose PRT meetings when there is a need to engage on a particular topic. Members were encouraged to reach out to ASQA when opportunities for collaboration and sector engagement arise. 

Current Legislative amendments 

The Chair provided an update on recent and upcoming legislative changes in the sector. The Education Services for Overseas Students Amendment (Integrity Measures) Bill 2024 is expected to be tabled in Parliament later this year. 

ASQA advised that legislative amendments to amend the National Vocation Education and Training Regulator Act to strengthen quality and integrity in VET passed the Senate last week and are awaiting Royal Assent. The amendments provide greater protection for students and provide ASQA with additional powers to take decisive action to address RTO non-compliance. There are many parts to the bill, including the following amendments: 

• automatically lapsing the registration of RTOs that have not delivered training and/or assessment for 12 consecutive months
• preventing new RTOs from expanding their scope of registration within the first 24 months of registration
• providing the Minister for Skills and Training with the power to direct ASQA to not accept or process initial applications
• clarifying provisions relating to false and misleading advertising of an RTO’s operations
• increasing maximum penalties
• extending the period for ASQA to conduct internal reviews to 120 days
• allowing ASQA to consider the order in which to process initial applications for registration. 

PRT discussed the regulatory implications of the amended false and misleading provisions and how these will be approached from a compliance perspective. ASQA advised that false and misleading conduct is among the top 3 reasons for tip-offs. ASQA provided examples of advertising that constitute false and misleading behaviour. ASQA committed to provide examples of false and misleading practices in future guidance material to support greater understanding of these amendments.

Regarding lapsing, and circumstances where genuine reasons for non-delivery exist - ASQA understands the need to exercise procedural fairness for providers who can demonstrate that circumstances outside their control have made them unable to deliver for 12 consecutive months. It was noted that ASQA does not have the power to initiate extension to a ‘measurement period’ (non-delivery period) without a request through application by the provider.

Next meeting

Proposed Date: Tuesday 27th August 2024