VET Industry News 11-Apr-2019

Strengthening Skills: Expert Review of Australia’s Vocational Education and Training System

On 28 November 2018, the Prime Minister announced an independent review of Australia’s vocational education and training (VET) sector to examine ways to deliver skilled workers for a stronger economy. The review was led by the Honourable Steven Joyce, a former New Zealand Minister for Tertiary Education, Skills and Employment. Mr Joyce delivered the final report to the Government in March 2019.

Click here for more information

Trainer and assessor credential requirements

The implementation date for new trainer and assessor credential requirements postponed from 1 April 2019 to 1 July 2019

​Commonwealth Dept of Education & Training

Click here for more information

Enrolments at Queensland TAFE slump by 45,000 since 2013

The number of TAFE students in Queensland has slumped by 79,000 since 2011 and by more than 45,000 since 2013.

Click here for more information

Generation Z: Life at 17

This infographic provides a snapshot of the lives of 17-year-old Australians in relation to school, work, living arrangements and the skills future workplaces will require. We use the latest LSAY data from those who were 17-years-old in 2017 to look at the group of young Australians who will transition from school to a world of work demanding new skills and experience.

Click here for more information

April 11, 2019 News Comments Off on VET Industry News 11-Apr-2019

Can I sue ASQA for damages?

Published with written permission from the author. 

Reference: Zhouand, Z. (2019, April 09). Can I sue ASQA for damages? Retrieved April 09, 2019, from https://www.linkedin.com/pulse/can-i-sue-asqa-damages-zmarak-zhouand/

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 of 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 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 havewrongfully caused.

If you have suffered a loss or damage because of an alleged wrongful act or omission on the part of ASQA, in theory, provided you can satisfy the elements of a cause of action (such as negligence), you may sue ASQA for damages.  

So what’s stopping you?

(2)  Crown immunity: ASQA is protected from legal action

Under the National Vocational Regulator Act (NVR Act) ASQA has privileges and immunities of the Crown and cannot be sued where itacts in “good faith”.

This means ASQA is legally immune from being sued where the loss or damage is caused by something ASQA did (or did not do) in “good faith”.

ASQA would be deemed to be acting in good faith if it honestly believes that it is acting in furtherance of its statutory duties – even if it is negligent or makes a wrong decision.

Accordingly, even where ASQA is negligent, and such negligence causes you or your RTO loss and damages, provided ASQA acted in “good faith”, you can’t sue ASQA.  

But, there are exceptions.

(3)  Not acting in good faith

If ASQA, or one of its representatives (for example, an auditor), does not act in good faith and you or your RTO suffers loss or damage, you may be able to sue ASQA or its representative.

This is a complex area of law and beyond the scope of this short article. You should seek legal advice if you believe your case might fall under this exception.

(4)  Discretionary avenues for recovery

In circumstances where it can be established that you suffered loss or damage due to ASQA’s negligence, defective administration or other special circumstance, you can seek compensation in the following ways.

  • Payment in settlement of a claim
  • Compensation for Detriment caused by Defective Administration (CDDA) scheme
  • Act of Grace payment

All these schemes are discretionary meaning that there is no obligation to pay compensation of any sort. They are based on the premise that there is a moral, rather than legal, obligation to make things right.

(a) Payment in settlement of a claim

Making a compensation claim and requesting settlement is usually the first step. You can make a claim directly to ASQA. The claim must be in writing (usually a letter) and include the details of the alleged negligence and the subsequent loss and damage suffered.

If ASQA agrees to pay you compensation, it will be an ex-gratia payment, meaning it is not an admission of liability ASQA. If ASQA does not compensate you, you can consider making a CDDA Scheme of act of grace application.

(b) CDDA Scheme

The CDDA Scheme aims to rectify defective administration. Defective administration is defined as:

  • a specific and unreasonable lapse in complying with existing administrative procedures; or
  • an unreasonable failure to institute appropriate administrative procedures; or
  • an unreasonable failure to give to (or for) an applicant, the proper advice that was within the officer’s power and knowledge to give (or reasonably capable of being obtained by the officer to give); or
  • giving advice to (or for) an applicant that was, in all the circumstances, incorrect or ambiguous.

The aim of the CDDA scheme is to put you in the same position you would have been, had there been no error or negligence. So, if you can prove that defective administration took place, then the CDDA scheme may, but is not obligated to compensate you for your loss or damage.

(c) Acts of grace payment

An act of grace payment is a special ‘gift of money’ by the Commonwealth government. Act of grace payments are very rare. According to the Commonwealth Department of Finance:

Act of grace payments are a last resort for providing compensation to persons who may have been unfairly disadvantaged by the Commonwealth but who have no legal claim against it.

Circumstances where an act of grace payment might be made include:

  • where ASQA’s involvement had an unintended outcome
  • where the application of legislation or policy has resulted in an unintended, inequitable or anomalous effect
  • where the paramount obligation is moral, rather than legal.

The Department of Finance handles act of grace payment applications.

(5)  Way forward

Suing ASQA or one of its representatives, or making a claim under one or more of the discretionary schemes, can be very tricky and you want to get it right, the first time.

For advice on your rights and assistance with making your claim, speak with your lawyer.

April 11, 2019 ASQA, News, RTO Comments Off on Can I sue ASQA for damages?

CAQA New Resources (11 Apr 2019)

New Information Technology resources

The following resources are now available for purchase. The assessment and learner resources have been developed by subject matter experts from the industry. All resources have been checked by external validators to ensure they comply with training package requirements and industry expectations.

  • ICT10115 Certificate I in Information, Digital Media and Technology
  • ICT20115 – Certificate II in Information, Digital Media and Technology
  • ICT40415 Certificate IV in Information Technology Networking
  • ICT40115 Certificate IV in Information Technology
  • ICT50115 Diploma of Information Technology
  • ICT50415 Diploma of Information Technology Networking
  • ICT60215 Advanced Diploma of Network Security

Accounting resources

We have developed these assessment resources for a number of TAFE’s and the resources are now available for your RTO. The list of qualifications includes the following:

  • FNS30317 Certificate III in Accounts Administration
  • FNS40217 Certificate IV in Accounting and Bookkeeping
  • FNS50217 Diploma of Accounting
  • FNS60217 Advanced Diploma of Accounting

Community service resources

Our community service assessment and learner resources have been developed by instructional designers and subject matter experts with extensive experience and background in the community service sector. All training and assessment resources are also internally and externally validated by compliance experts. The list of qualifications includes the following:

  • CHC33015 Certificate III in Individual Support
  • CHC43015 Certificate IV in Ageing Support
  • CHC43115 Certificate IV in Disability
  • CHC52015 Diploma of Community Services
  • CHC62015 Advanced Diploma of Community Sector Management

RII – Resources and Infrastructure resources

We have developed these assessment resources. The list of qualifications include the following:

  • RII20715 Certificate II in Civil Construction
  • RII30915 Certificate III in Civil Construction

Coming soon

  • HLT54115 – Diploma of Nursing (Available from mid-2019) – A number of units of competency are available to purchase from January 2019.

Compliance products from Compliance and Quality Assurance (CAQA)

The following compliance products are available to purchase:

  • Policies and Procedures for an RTO
  • Policies and Procedures for a CRICOS RTO
  • Policies and Procedures for an ERTO
  • RTO forms and flow charts
  • RTO student handbook (pre-enrolment and post-enrolment)
  • RTO staff handbook
  • RTO compliance registers
  • Training and assessment strategies
  • Internal audit guidelines and template pack
  • CRICOS student orientation kit
  • CRICOS audit guidelines and template pack
  • Pre-training enrolment pack
  • Marketing materials (customised to your RTO)
  • Marketing audit pack (checklists and policies)
  • Recognition of prior learning (RPL) kits
  • Continuous improvement documentation
  • Assessment validation documentation for review of assessor judgements and assessment tools
  • Internal auditing templates
  • Staff recruitment, induction and professional development documentation
  • Strategic and business plan templates
  • RTO registration financial viability pro forma documentation
  • Workplace delivery documentation

The VET Sector Website

A new website is coming soon to cover all the latest news, opinions, views and blogs. More details in our next newsletter.

The VET Sector News

Strengthening Skills: Expert Review of Australia’s Vocational Education and Training System

On 28 November 2018, the Prime Minister announced an independent review of Australia’s vocational education and training (VET) sector to examine ways to deliver skilled workers for a stronger economy. The review was led by the Honourable Steven Joyce, a former New Zealand Minister for Tertiary Education, Skills and Employment. Mr Joyce delivered the final report to the Government in March 2019.

Click here for more information

Trainer and assessor credential requirements

The implementation date for new trainer and assessor credential requirements postponed from 1 April 2019 to 1 July 2019

​Commonwealth Dept of Education & Training

Click here for more information

Enrolments at Queensland TAFE slump by 45,000 since 2013

The number of TAFE students in Queensland has slumped by 79,000 since 2011 and by more than 45,000 since 2013.

Click here for more information

Generation Z: Life at 17

This infographic provides a snapshot of the lives of 17-year-old Australians in relation to school, work, living arrangements and the skills future workplaces will require. We use the latest LSAY data from those who were 17-years-old in 2017 to look at the group of young Australians who will transition from school to a world of work demanding new skills and experience.

Click here for more information

April 11, 2019 CAQA Resources, News Comments Off on CAQA New Resources (11 Apr 2019)

Your trainer and assessor files (Part 2 of 5)

In the last newsletter (published in November 2018) we discussed the following:

  • Legislative and regulatory requirements
  • Requirements for all trainers and assessors
  • Trainer CVs

In part 2 of the series, we will discuss the vocational competency requirements.

The quality of your training and assessment is dependent on the skills and knowledge of your trainers and assessors. The Standards specify that trainers and assessors must be skilled VET practitioners with current industry skills and knowledge. This will ensure that students receive the training required and are properly assessed before being issued with a qualification or statement of attainment.

Let’s start with the vocational competency requirements for trainers and assessors.

The definition of vocational competency

Vocational competency in a particular industry consists of broad industry knowledge and experience, usually combined with a relevant industry qualification. A person who has vocational competency will be familiar with the content of the vocation and will have relevant current experience in the industry. Vocational competencies must be considered on an industry-by-industry basis and with reference to the guidance provided in the assessment guidelines of the relevant training package. (Reference: NCVER)

A clear and verified relationship between the trainer’s and assessor’s formal and informal training and experience and the qualifications/units they deliver and assess must be established. Training Packages include specific industry advice related to the vocational competencies of assessors. This may include advice on relevant industry qualifications and experience required for assessing against the Training Package.  The Training Package will also provide specific industry advice outlining what it sees as acceptable forms of evidence to demonstrate the maintenance of currency of vocational competency.

ASQA Guidelines on “vocational competence”:

To provide training that reflects current industry practice and valid assessment, your RTO’s trainers and assessors must maintain the currency of their skills and knowledge in both:

  • their industry area and,
  • vocational education and training.

It is also acceptable for an appropriately qualified trainer and assessor to work with an industry expert to conduct assessment together.

The three C’s of Vocational competency related to demonstrating skills and knowledge in an “industry area”

Vocational competence and currency = Broad industry knowledge + experience + relevant industry qualification in terms of:

  1. Content: How have you determined that you know how to do the job of the qualifications you deliver and assess?
  2. Context: Does this information clearly show the relationship between what you are delivering and what you have experience in?
  3. Currency: How up-to-date are you with current work practices in your industry and how do you find out if something is changing or has changed?

Skills and knowledge in an “industry area”

In many situations, trainers and assessors will hold the qualification and/or units of competency that they deliver or assess. Where this is not the case equivalence needs to be established.

  • Formal vocational education and training qualification/units of competency you deliver and assess
  • Participate in documented mapping activities to demonstrate you have at least the required level of knowledge and skills.

Stay tuned for more… upcoming newsletters we will cover the following topics:

  • Part 3: Industry currency, vocational education and training currency, licensing requirements and professional development requirements and trainer files checklists.
  • Part 4: How to complete a compliant trainer matrix
  • Part 5: Common errors and non-compliance identified in the trainer and assessor files.
  • Special edition on frequently asked questions and answers on trainer files.
April 10, 2019 ASQA, Audits, News, RTO Comments Off on Your trainer and assessor files (Part 2 of 5)

Internal audits and why they are so important (Part 3 of 5)

In part 1 & 2 of this series we discussed the following:

  • What are internal audits?
  • What are the benefits of conducting internal audits?
  • What is an audit scope?
  • What is usually included in an RTO internal audit?
  • Who can be an internal auditor?
  • Compliance costs and risks in terms of “risk management”
  • The effective internal audit function

In this part, we will cover the following areas:

  • Requirements of conducting internal audits
  • The quality system of an RTO

The requirement of conducting internal audits

The requirement of conducting an internal audit is not explicitly mentioned in the Standards for Registered Training Organisations (RTOs) 2015 but the requirement is for the RTO to ensure it complies with SRTOs 2015 Standards at all times, including where services are being delivered on its behalf as mentioned in Standard 2 (clauses 2.1 and 2.2) and standard 8 (clause 8.4). This applies to all operations of an RTO within its scope of registration.

The RTO is also required to:

a) systematically monitor the RTO’s training and assessment strategies and practices to ensure ongoing compliance with Standard 1, and;

b) systematically evaluate and use the outcomes of the evaluations to continually improve the RTO’s training and assessment strategies and practices. Evaluation information includes but is not limited to quality/performance indicator data collected under Clause 7.5, validation outcomes, client, trainer and assessor feedback and complaints and appeals.

Clause 8.4. The RTO provides an annual declaration of compliance with the Standards to the VET Regulator and in particular whether it:

a) currently meets the requirements of the Standards across all its scope of registration and has met the requirements of the Standards for all AQF certification documentation it has issued in the previous 12 months; and

b) has training and assessment strategies and practices in place that ensure that all current and prospective learners will be trained and assessed in accordance with the requirements of the Standards.

Systematic monitoring and evaluation is part of conducting internal audits and review processes. The “internal audit” requirements are highlighted several times in the Users’ Guide to the Standards for RTOs 2015.

The quality system of an RTO

A “Quality System” is your organisation’s blueprint.  It identifies your business model and processes, provides details about how your people will work together to get things done, and establishes specifications for performance — so that you can tell if you’re on track… or not.

Components of a Quality System

The International Organisation for Standardisation (ISO) prescribes a minimum standard for the elements of a QMS through ISO 9001:2000. (This part did not change in ISO 9001:2015). To build an ISO 9001 compliant QMS, you must:

  • Identify and map processes (administrative, organisational, operational)
  • Determine how processes are interrelated (that is, identify and map cross-cutting activities that span organisational boundaries)
  • Plan for operations and control of these processes, recognising that the conditions and specifications for control of each of the processes may be different from one another,
  • Plan to dynamically allocate resources to accommodate the demands of the operations and control of these processes,
  • Apply systems thinking and describe the environment that your interdependent processes are embedded within,
  • Identify mechanisms to measure, monitor, analyse and continuously improve the processes in the context of the organisation and its environment
  • Establish an Action Plan for proactively deploying the QMS through the organisation, and;
  • Ensure that Records are kept that track compliance to the QMS and changes that are made to the QMS itself.

The quality system in an RTO refers to the following:

  • Required policies and their accompanying procedures
  • Forms, templates, checklists and flowcharts to support the implementation of policies and procedures
  • Central registers to track and record your compliance activities
  • Compliance matrix that maps how each policy, procedure, form, template etc are related to the Standards.
  • Continuous improvement processes and practices

You need a quality system in an RTO to ensure that:

  • Policies and procedures are followed
  • Compliant records are kept
  • Documents are controlled
  • Continuous improvement is implemented
  • Ensure the organisation meets compliance and regulatory requirements

Stay tuned for more… our coming newsletters will cover the following topics:

  • Part 4: Planning for internal audit and considerations
  • Part 5: Conducting and recording an actual internal audit
  • Special edition on frequently asked questions and answers on internal audits.
April 10, 2019 Audits, News, RTO Comments Off on Internal audits and why they are so important (Part 3 of 5)
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