National Vocational Education and Training Regulator Amendment Bill 2019

December 16, 2019 Sukh Sandhu

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The National Vocational Education and Training regulator Amendment Bill 2019 has been lodged in the senate. 
The proposed amendments are intended to improve the efficiency and effectiveness of the ASQA’s regulation of the sector. The changes strengthen registration requirements, modernise information and data sharing and improve the administrative efficiency of the NVETR Act. Key reforms include:
NCVER Act Proposed Reforms ―

  • A new condition of registration requiring NVR RTOs to demonstrate a commitment and the capability to deliver quality VET;
  • Enhanced material change notification requirements such as notify ASQA when there are likely to be substantial changes to the operation of the organisation or an event occurs that is likely to significantly affect the organisation’s ability to comply with the VET Quality Framework;
  • Clarification that all reviewable decisions made by the delegate of the ASQA are subject to reconsideration by ASQA;
  • To improve the transparency of ASQA’s regulatory actions and provide the sector with confidence in the ability of the ASQA to make appropriate, consistent and proportionate regulatory decisions, amendments provide for the preparation and publication of audit reports by the Regulator.
  • The Australian Government will also be able to release information to the public about training provided by an RTO and the outcomes and experiences for students and employers, of training undertaken with an RTO.
  • Empower ASQA to cancel VET qualifications and VET statements of attainment without first directing the relevant NVR RTO to do so where there is a risk to individuals and the community. 
  • Changes to offense provisions for third-parties. 
  • The regulator can impose enforceable undertakings
  • The regulator can request any information from the RTO necessary to perform its function and can retain that information for as long as is necessary. 
  • The Minister will have the power to direct ASQA to issue directions to the regulator in relation to the performance of its functions and the exercise of its powers.

The strategy was developed in partnership with key VET stakeholders, including providers and industry peak bodies. 
Implementing the strategy will be a collaborative effort between the sector, industry and government, with an implementation plan to be developed in 2020. A working group drawn from the sector will work with Expert Members of the Council for International Education.
For more information, please refer to: https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s1251

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