The National Vocational Education and Training Regulator Amendment Act 2024 brings significant changes to the VET sector, aiming to strengthen quality and integrity.
On 29 March 2024, the National Vocational Education and Training Regulator Amendment (Strengthening Quality and Integrity in Vocational Education and Training No.1) Act 2024 (the Act) was enacted. The Act amends the NVR Act to empower ASQA to address integrity risks, scrutinise new RTOs, and promote a quality VET sector that benefits students, industry, and the community.
Key Changes Now in Effect:
1. Automatic Lapse of Registration for Nil Delivery
RTOs that do not deliver any training and/or assessment for 12 consecutive months from any date on or after 1 January 2023 will have their registration automatically lapsed, unless an extension is granted by ASQA. RTOs can request an extension at least 90 days prior to their lapse date, providing compelling reasons and evidence for the non-delivery.
2. 24-Month Waiting Period for Scope Changes
RTOs are now required to operate for 24 months before applying to change their scope of registration. This allows ASQA to review new RTOs and ensure they meet their obligations and deliver high-quality VET before expanding.
3. Extended Reconsideration Timeframes
ASQA now has 120 days to conduct a reconsideration of a decision, which has increased from 90 days. This ensures due consideration for complex decisions.
4. Flexibility in Processing Initial Registration Applications
ASQA has greater discretion in prioritising and processing initial registration applications while still meeting service standards. The Minister may also suspend certain classes of applications for up to 12 months.
5. Strengthened False or Misleading Representation Offences
The amendments clarify and extend what is considered prohibited conduct by an RTO regarding false or misleading representations about their courses, qualifications, or operations. Executive Officers may also be held personally liable in certain circumstances.
6. Increased Penalties
Criminal and civil penalties for offences threatening VET sector integrity have increased up to five-fold to deter unscrupulous RTOs.
The recent changes to the NVR Act aim to protect students, strengthen the quality and integrity of the VET sector, and provide ASQA with the necessary tools to address risks posed by non-genuine or unscrupulous RTOs. RTOs must familiarise themselves with these amendments to ensure compliance and maintain their registration.
