Contextualisation of training packages, accredited curricula and learning resources can be achieved without compromising the Standards for Registered Training Organisations (RTOs) 2015.

Contextualisation is the addition of industry-specific information to tailor the Standards for Registered Training Organisations (RTOs) 2015 to reflect the immediate operating context and thereby increase its relevance for the learner. Contextualisation is ultimately defined as; the activity undertaken by a Trainer/Assessor to make units of competency, accredited curricula or learning resources meaningful to the learner.

How to contextualise units of competency?
Contextualisation is a process that we use to create learning/assessment opportunities that are more relevant to our learner. When we do this, we link the Unit of Competency to the client’s needs using language that they understand.

Contextualisation is achieved by including, modifying or substituting text within units of competency and usually within the assessment requirements including performance evidence, knowledge evidence and assessment conditions.

It is about providing training and assessment that is specific to an enterprise or individual learner.

Any modifications to a unit of competency must maintain the integrity of the industry skill and portability requirements, including all legislative licensing and any other regulatory requirements.

The following are some suggestions for contextualising units of competency to make them more relevant for specific industries or workplaces:

• Refer to the guidelines in the relevant training package. Usually, it will be possible to replace generic terms and general descriptions of equipment or processes and procedures with specific examples. For example, a guide working at Uluru may learn and demonstrate body language appropriate to the Pitjantjatjara people. There would be little point in that guide being required to learn and demonstrate body language appropriate for working among the Jewish community at the Sydney Holocaust Museum.
• Analyse the generalised statements about the range of work and job tasks specified in the units of competency. These may need to be aligned to a particular job profile and translated to highlight particular tasks and levels of performance that are relevant to a particular workplace.
• Identify the kinds of evidence that candidates may be able to provide in their job roles to satisfy the requirements of a particular unit of competency.
• Prepare evidence plans for the candidates, showing how they might collect the identified kinds of evidence.

Let’s have a look at some examples:

• If the Competency mentions Machinery, then we could use the exact name of the machine used.
• If the Competency mentions Equipment, then we could use the names of each item of equipment
• If the Competency mentions Location, then we could use the exact location, eg, Shed 1, kitchen bench, etc
• If the Competency mentions Relevant Procedures, then we could use the exact title of the procedure manual
• If the Competency mentions Relevant Personnel, then we could use the names of the people and their positions

Contextualise, but Follow the Rules
When it comes to contextualisation, we can be very creative. But, we need to make sure that we do not change the standards required of us. Remember: we must always follow the Qualification Packaging Rules of the Training Package.

When contextualising units of competency, teachers and trainers:

• Must not remove the number and content of elements and performance criteria
• May add specific industry terminology to performance criteria where this does not distort or narrow the competency outcomes
• Changes should not diminish the breadth of application of the competency and reduce its portability
• May add detail to the assessment requirements, where these expand the breadth of the competency but do not limit its use.
• To make sure that we still follow the Training Package rules, we can read the Training Package itself, or we can get the advice of others, including:
• Skills Service Organisations (SSOs) and Industry Reference Committees (IRCs) responsible
• Our colleagues within the training industry or within the industry for whom we are delivering the training
• Accessing the Support Resources available for each Training Package at TGA (training.gov.au) can also give us some great ideas of what is appropriate.

When we are contextualising, it is a good idea to speak with the client to make sure that we really are going to link the Unit of Competency to the participants’ actual work.

When we are contextualising, it is a good idea to speak with others to make sure that we really are going to be delivering the Unit of Competency in accordance with the Training Package rules.

In this ever changing world, we are seeing many RTO’s change ownership for a variety of reasons. So what is involved? How do you know you are ready and prepared? What evidence do you need?

Anyone involved in the transfer of ownership of registered training organisations (RTOs) and Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) is subject to a number of requirements.

It is not permitted for RTOs and CRICOS providers to move their registration from one legal entity to another. That being said, if there is a change in company shareholdings but no change in the ABN/ACN of the organisation registered with ASQA, the provider can continue as long as they inform ASQA of the change in ownership. This is referred to as a change of ownership by ASQA.

Change of ownership is considered high risk and can lead to a full-fledged audit on the RTO’s registration to ensure the RTO is transferred to fit and proper persons. The individuals thinking about buying a training provider must be aware of their responsibilities under the Vocational Education and Training (VET) Quality Framework and to ASQA, the national regulator.

Changes in company shareholding of 50% or more are considered significant. ASQA aims to ensure that buying into a training provider does not enable a buyer to avoid the scrutiny that is applied to initial applications.

Registration requirements include:

1. Demonstrating compliance with Standards for Registered Training Organisations (SRTOs) 2015 (the Standards)
2. Demonstrating compliance with Fit and Proper Person Requirements 2011
3. Demonstrating compliance with Financial Viability Risk Assessment Requirements 2011
4. Demonstrating compliance with Data Provision Requirements 2012
5. Demonstrating compliance with Australian Qualifications Framework

Along with meeting your legislative requirements under the VET Quality Framework, you must also:

• cooperate with ASQA’s General Directions and compliance monitoring activities
• pay all required fees and charges associated with your registration
• comply with any additional licensing requirements imposed on particular VET courses.

In addition, if providing training to overseas students, you will also be subject to the requirements of the Education Services for Overseas Students (ESOS) Quality Framework.

The ESOS Framework is comprised of the:

• Education Services for Overseas Students Act 2000 (ESOS Act)
• National Code of Practice for Providers of Education and Training to Overseas Students 2018 (the National Code)
• Education Services for Overseas Students Regulations 2019
• English Language Intensive Courses for Overseas Students (ELICOS) Standards 2018 (if applicable)

Evidence required from new owners

The following evidence is required from the new owners of the training organisation:

Fit and proper person requirements declaration: Click here.

Financial viability risk assessment tool: Click here.

The Financial Viability Risk Assessment tool guides through the process of considering the key expenses faced by an RTO/CRICOS provider and revenue forecasts. It assesses financial viability risk by evaluating the likelihood of business continuity, and capacity to achieve quality outcomes.

The assessment informs a judgement about whether the organisation has the financial resources necessary to:

• acquire and maintain the requisite assets and physical resources to deliver all qualifications on its scope of registration
• employ sufficient appropriately qualified staff to cover the courses for which it takes enrolments
• provide appropriate levels of student services to students
• remain in business to ensure that each student can achieve completion
• meet the above requirements, even in an unsure environment.

The Financial Viability Risk Assessment tool should be completed by the new owners of the legal entity once the change is/will be completed. A registered accountant who is external and independent to the training provider is required to certify the tool.

Other records, such as previous financial statements and a business plan, must also be included with the tool. You must confirm that your financial statements are in order and up to date, and that you have considered the future of your RTO.

Self-assessment tool for change of ownership: Click here.

The self-assessment tool is a document that covers the standards and clauses as a brand-new RTO registration.

The tools are separated into Section A and Section B

• Section A is to be completed
• Section B of these tools is only to be completed if 100% of shareholdings have changed over 12 months and the provider has:
  • no ongoing students, or
  • has not had more than 10 students complete the training product in which they were enrolled within the previous 12 months.

Entity records required include:

• ASIC company certificate
• ASIC company historical extract
• ASIC business name registration
• ABN certificate
• ASIC company historical extract of parent entities (showing the change of ownership)

Notification requirements:

If your provider is a VET-only training provider, you may notify ASQA of the change after it occurs. As the new owner, notification is your responsibility.

If your training provider is CRICOS registered, you will need to inform ASQA of the change in shareholdings before it occurs. You must also make sure the current owner has also notified ASQA of the impending change of ownership. This is a requirement under s17A (3) of the Education Services for Overseas Students Act 2000.

In line with Standard 8.1 of the Standards for Registered Training Organisations (RTOs) 2015, ASQA must receive this notification as soon as practicable, with 90 days after the event the latest it can be received.

Any of the above-mentioned changes should be reported to ASQA using the Notification of Material Change form. This form is available on ASQA’s online site, asqanet.

Audits for compliance monitoring

ASQA will perform a compliance audit to review factual information where substantial changes in ownership are subject to additional evidentiary criteria. The performance evaluation (audit) will look at the training provider’s compliance with:

• the applicable regulatory framework (VET Quality or ESOS legislative) the clauses and requirements in the Change of Ownership Self-Assessment Tool

This performance evaluation would look at whether or not the training company has enough resources to provide quality training and assessment, reliable information, and appropriate support to students.

If non-compliance is discovered during a compliance audit, regulatory action will be taken in a proportionate manner. For the next 12 months, there will be increased scrutiny.

Training providers that have undergone a substantial change of ownership may face increased scrutiny in the 12 months following the completion of the enforcement exercise.

This scrutiny will be extended to any proposals for changes to the scope of registration from training providers during this time, as well as during a provider review at the end of the period. Both of these actions can result in regulatory action, which may require further compliance audits.

New owners of a training provider are responsible for any existing and outstanding non-compliances, as well as any necessary rectification measures. New owners are also responsible for any potential disciplinary action taken by ASQA against the organisation in case of any non-compliance issues.

Charges

Notification of material change is free of charge; however, a compliance audit operation triggered by notification may result in compliance audit charges for any RTO operated under the NVR Act.

Obligations for RTOs

• Annual declaration on compliance
• Submit Total VET activity AVETMISS data
• Submit quality indicator data
• Annual registration charge
• Ensure compliance with the VET quality
• framework at all times
• Submit a renewal application at least 90 days prior to expiry

Obligations on CRICOS providers

• ASQA annual registration charge. Separate charges apply for RTO and CRICOS registration.
•  If registered as a CRICOS provider, you’ll also need to pay the Department of Education:
• an annual registration charge
• an annual Tuition Protection Service (TPS) Levy.
• Ensure compliance with the ESOS framework at all times
• Submit a renewal application at least 90 days prior to expiry

Note:

1. Once the application and supporting evidence are submitted, there is no other opportunity to include new or revised evidence. This is the same as when you first registered as a new training provider with ASQA.
2. If the audit shows noncompliance, the regulator can issue a written directive to correct the problem, impose conditions on the registration, issue a notice of intent to impose sanctions, or cancel the registration. In other words, the sale of the RTO can trigger a complete regulatory audit, exposing the organisation to regulatory risks. This means that the evidence provided in the self-assessment must be 100% compliant. The same as when you first registered as a new training provider with ASQA.
3. The regulator has also established that an RTO that has a change of ownership will face greater scrutiny in the twelve months following the completion of the compliance activity by the regulatory body.

In every workplace, the culture of the company is imperative to the organisation’s success. The company culture has an impact on nearly every aspect of the business.

So why is it so important for your RTO to have a positive workplace culture?

Having a positive workplace culture equals a happy workforce. A happy workforce means higher productivity and higher retention. It is an integral part of the organisation, as it creates your identity. Having values and goals that everyone understands and align with is an important first step to creating a positive culture.

It is important to also understand that you cannot enforce a strong workplace culture. It has to be something that everyone buys into and believes in. An organisation is a team and not a hierarchy. So how do we start? What do we need to do? What are the benefits?

Think of your workplace as a family. We spend a great deal of time together at work, several days a week. Sometimes these days can be long and busy and being part of a team that supports each other is a great way for everyone to love what they do and not feel like work.

‘The only way to do great work is to love what you do’ – Steve Jobs

And this stems from an organisation having a culture that supports this. Think why so many people loved working for Steve Jobs. He worked hard, respected everyone’s voices in the company, listened to everything (even if he didn’t want to hear it!), encouraged honesty and openness, and gave the same back.

So what are some tips for building a positive and strong workplace culture:

Grow off your current culture: Ask everyone what they like and, more importantly, what they do not like about their current workplace culture and workplace environment. Use these suggestions to help create a positive culture.

Emphasise employee wellness: This can be a foundation for a strong positive workplace culture. If employees are not at their best – mentally, emotionally, and physically – then it can be hard for them to contribute to a positive culture. Ensure you have the tools and resources required to enable them to have a healthy outlook, both at work and home.

Having meaning: Imagine coming to work, every day, and not having meaning to the work you do. You need to provide a purpose and meaning for employees to have job satisfaction. Have a positive mission statement. A set of values that are relatable and achievable. Ensure employees understand how their role contributes to the organisation and how they positively have an impact to the company and clients (or students).

Encourage positivity: Simple gestures can make a world of difference. Saying ‘thank you’ to an employee can go a long way. Having a positive attitude, even when situations are tough, can encourage others to stay with you throughout it. Smiling, positive body language and positive expression all play vital roles in encouraging positivity in the workplace.

Create goals: How can we achieve something if we do not know the end goal? How do we start if we do not know what we need to achieve? This is something that many leaders know but struggle to communicate. It can leave others feeling unsettled, unsure where to begin or end and the road they need to take to get there. Having clear goals and paths allow employees to feel confident and positive in achieving them.

Social connections: As we said earlier, we spend a considerable amount of time together at work. How do you grow a strong, positive workplace culture if there is no interaction between them? We need to provide opportunities for social interactions in the workplace. Simple things like having a team meal once a week, social get-togethers outside of work hours, or just encouraging communication in the workplace can all be simple ways to get things started.

Listen: And we mean really listen, not just hear what an employee has to say. You may not always like it but having an open and honest relationship with employees encourages a positive workplace. And who knows, even the negative can turn into a positive. If we listen to what our employees have to say, it provides us the opportunity to continue to mould and grow a workplace where everyone wants to come and work.

These are just some of the basic things we can do in our organisation to create a strong, more positive workplace culture. A place where everyone wants to come to work, and a place everyone wants to work.

With so many challenges thrown at us in this age, being an organisation that provides a strong and positive culture enables you to handle any situation thrown your way.