RTO Legal

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

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