ASQA is changing, and our website is too. The most up to date information on our reforms and approach to regulation can be found on our regulatory practice page. We appreciate your patience as we complete a thorough review of our website. If you have any feedback, please contact us.

 

Legislative changes

Changes to the National Vocational Education and Training Regulator Act 2011 (NVR Act) and supporting legislation.

 

 

Please note, this information has been updated to include the National Vocational Education and Training Regulator (Data Provision Requirements) Instrument 2020, approved on 20 November 2020.

On 1 July 2020, changes to the NVR Act came into effect. These changes were made to improve the efficiency and effectiveness of the legislation, and to support ASQA in delivering best practice regulation. The changes ensure we can encourage and promote a quality VET system to benefit students, industry and RTOs.

The changes to legislation are a key component of wider reforms to the VET sector, which also involve a program of reform to ASQA as the VET regulator.

As further supporting legislative updates come into effect, we are continuing to work with stakeholders, to ensure the changes are clearly explained and that providers understand what the changes mean in practice.

For more information on ASQA’s reforms, please see our Working together page.

Key changes in effect from 1 March 2021:

  • collecting and reporting data
  • keeping ASQA informed about delivery sites and campus locations
  • ASQA’s decision publication process.
Legislation Changes approved Changes in effect
National Vocational Education and Training Regulator (Data Provision Requirements) Instrument 2020 20 November 2020 1 March 2021
National Vocational Education and Training Regulator Regulations 2011 6 August 2020 1 March 2021
National Vocational Education and Training Regulator Regulations 2011 6 August 2020 1 September 2020
National Vocational Education and Training Regulator Act 2011 26 February 2020 1 July 2020

View changes to legislation

To see what the changes will mean in practice, expand the relevant section below.

Changes to requirements for RTOs

Changes to ASQA’s processes

Key changes to ASQA’s processes include:

Other changes

Other key changes include:

  • The Secretary of the Department can release information to the public about VET provided by RTOs, and the outcomes and experiences for VET students and employers. This does not authorise the release of personal information unless the personal information is the name of the RTO. The information for publishing would be aggregated and not be able to be used in such a way that it could re-identify an individual. The Secretary can also authorise the NCVER to release this information.
  • The Minister may direct ASQA concerning the performance of its functions and the exercise of its powers. The Minister is not able to direct ASQA regarding a regulatory decision with respect to an individual training provider.

Reporting locations to ASQA

Under the National Vocational Education and Training Regulator (Data Provision Requirements) Instrument 2020, providers need to keep ASQA up-to-date about of the physical address of any site or campus at which they deliver VET on a permanent basis.

ASQA uses this information to ensure details on the National Register are current and accurate. This information is critical to supporting students to make informed decisions when selecting a training provider.

You can notify ASQA of changes to your delivery locations through asqanet.

If your RTO intends to offer or provide a course to an overseas student you must receive ASQA’s approval under the Education Services for Overseas Students Act 2000 (ESOS Act) in addition to reporting your permanent VET delivery sites. The ESOS Act requires registration for each course you deliver at each location prior to offering or delivering courses at that location – more information is available here.

The following scenarios are designed to assist providers to determine when location details must be reported.

 

   
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