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How wrong is ASQA’s position on third party arrangements with other RTOs? Dead Wrong!

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Third party arrangements are beneficial, especially for small RTOs that wish to engage other organisations to carry out services or training for them. Third party or agency arrangements are clearly anticipated and permitted by the National Vocational Education and Training Regulator Act 2011 (Cth) (NVR Act) and the Standards for RTOs. Recently, ASQA issued this General Direction—third-party arrangements for training and or assessment of VET courses , aspects of which many people believe to be wrong. But how wrong is it? The ASQA General Direction states that if a principal RTO wishes to engage a third-party RTO to act as an agent and assist in delivering training and assessment of a qualification, the third-party RTO must have that qualification on its scope of registration. This rule only applies where both parties (principal and agent) are RTOs. Sounds wrong, right? ASQA’s rationale ASQA is well aware of the laws of agency. In fact, the General Direction s
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What to do if you have a complaint against ASQA?

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Under the Standards for VET Regulators 2015 (“the Standards”) ASQA must have a policy to manage and respond to complaints about its regulatory practices. This is called the Policy for managing complaints about ASQA (“the Policy”). Who can make a complaint? Anyone can make a complaint about ASQA and it can be done anonymously. If you make a complaint anonymously ASQA may not proceed to investigate unless there is sufficient information provided. ASQA must properly consider your complaint under the Policy.   What can you complain about? • The handling of your application for registration by ASQA; • Information or the lack of information provided to you by ASQA; and • The actions of ASQA employees – this includes its auditors and other staff members. When doesn’t the Policy apply? The Policy does not apply to complaints about regulatory decisions such as deregistration of your RTO. It also does not apply to complaints relating to the activities of RTOs themselv
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ASQA should behave like a “model litigant”…but many believe that it doesn’t

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Last month, many praised the good words of Andrew Laming MP, who in his speech to Parliament, amplified hard-hitting issues in the training sector. During his nationwide consultation with Registered Training Organisations ( RTOs ), Mr Laming said that he repeatedly heard one sentiment: the shortcomings of the regulator, the Australian Skills Quality Authority ( ASQA ). Mr Laming, current Chair of the House of Representatives’ Standing Committee on Employment, Education and Training, described ASQA’s behaviour as “aggressive and adversarial” and said the regulator had developed a “focus on overcompliance” and was imposing serious sanctions on RTOs for trivial non-compliances. He went on to say, One would hope that [ASQA] would demonstrate a form of model litigant conduct, meaning that it would not deliberately engage in legal tactics designed to damage the [applicant]... But, increasingly, that is not how RTOs feel. Yes, that’s right. ASQA Legal has a duty to not
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Key Requirements a Registered Training Organization Must Meet

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There is nothing in the initial registration requirements preventing a person from establishing an RTO for the sole purpose of selling it. There is also nothing that requires persons involved with the applicant organization to have a genuine intent of providing VET. Seemingly, ASQA agrees with this too. In an official submission regarding the review of the NVR Act, ASQA discussed the issue of shelf RTOs and essentially admitted the absence of any legislative basis for refusing applications for this reason. In fact, ASQA proposes law reform on this very issue, stating: ASQA proposes that the NVETR Act be amended to provide that applicants for registration or renewal of registration be required to demonstrate a genuine purpose of a commitment to providing high quality VET and the capability to do so… This confirms the absence of a legislative requirement in the current laws. It appears that ASQA is merely exercising discretion, rather than applying the letter of the law
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Can you register an RTO just to sell it?

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In small business, the establishment phase is the most challenging. This crucial period can make or break a business and will shape the essence of the organisation for years to come. Some entrepreneurs thrive in such conditions, whereas some people struggle to keep afloat. It is common practice for one person to establish a business and, once it is established, sell it to another. So, can you register a Registered Training Organisation (RTO) just to sell it? We unpack this question by examining the Australian Skills Quality Authority’s (ASQA) current policy and discussing the finer legal issues. The answers might surprise you. ASQA’s current position ASQA reports that much of its limited resources are allocated to regulating small, newly established RTOs. In an attempt to plug this drain on its resources, ASQA has been increasing scrutiny on new entrants to the vocational education and training (VET) sector. ASQA has a new strategy for assessing initial applica
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Can I sue ASQA for damages?

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In the current environment, an increasing number of people feel that they and their Registered Training Organisations (RTOs) have suffered loss and damage due to what they believe are wrongful acts or omissions on the part the Australian Skills Quality Authority (ASQA). The question that these people want answered is:“ Can I sue ASQA?” Read on for more details. (1) Reviewing a decision vs. suing ASQA There is a difference between applying to have a decision reviewed and suing for damages. If asqa solicitor makes a decision that you disagree with (for example a decision to cancel your RTO registration), you can usually apply to review the decision internally with ASQA and/or with the Administrative Appeals Tribunal. A review is an administrative process where the decision maker (either ASQA or the tribunal) will make a new decision. Reviewing an ASQA decision is different from suing ASQA. You would sue ASQA to recover loss and damage that they have wrongfully
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What to do if ASQA cancels your RTO registration

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Your Registered Training Organisation’s (RTO) has received notice from the Australia Skill Quality Authority (ASQA) that your RTO registration will be cancelled in 28 days. What do you do? Read this article. First things first, seek legal advice When the future of your business hangs in the balance, there is no time to delay. You should seek legal advice ASAP to ensure you do all you can to protect your RTO. A legal professional can assess your case and help you take the necessary steps to keep your RTO operating. One of the options your lawyer may suggest is to apply to the Administrative Appeals Tribunal (also known as the AAT) for a review of ASQA’s decision. The General Division of the tribunal will look at the ASQA’s decision to cancel your registration again and make a new decision. Luckily, the tribunal can consider new information and further steps your rto law firm has taken to be compliant with RTO laws and the regulations. Applying to have the regist
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