Fact Sheet: Validation of assessment resources

Compliance requirements and guidelines:

This Fact Sheet has been developed and produced to assist Registered Training Organisations (RTOs) in understanding the compliant validation practices as part of the learner resources to comply with a number of clauses of the Standards for Registered Training Organisations (RTOs) 2015.


Clause 1.9

The RTO implements a plan for ongoing systematic validation of assessment practices and judgements that includes for each training product on the RTO’s scope of registration:

  1. when assessment validation will occur
  2. which training products will be the focus of the validation
  3. who will lead and participate in validation activities
  4. how the outcomes of these activities will be documented and acted upon.

Clause 1.10

For the purposes of clause 1.9, each training product is validated at least once every five years, with at least 50 per cent of products validated within the first three years of each five year cycle, taking into account the relative risks of all of the training products on the RTO’s scope of registration, including those risks identified by the VET regulator.

Clause 1.11

For the purposes of clause 1.9, systematic validation of an RTO’s assessment practices and judgements is undertaken by one or more persons who are not directly involved in the particular instance of delivery and assessment of the training product being validated, and who collectively have:

1. on or prior to 31 March 2019:

  1. vocational competencies and current industry skills relevant to the assessment being validated
  2. current knowledge and skills in vocational teaching and learning
  3. the training and assessment credential specified in Item 1, or Item 2, or Item 4, or Item 5 of Schedule 1.

2. on or after 1 April 2019:

  1. vocational competencies and current industry skills relevant to the assessment being validated
  2. current knowledge and skills in vocational teaching and learning
  3. the training and assessment credential specified in Item 2 or Item 5 of Schedule 1.

Industry experts may be involved in validation to ensure there is the combination of expertise set out in a) or b) above.

Source: https://www.asqa.gov.au/standards/training-assessment/clauses-1.8-to-1.12


Interpretation of the regulatory requirements

This Fact Sheet outlines the requirements and responsibilities of registered training organisations (RTOs) for conducting compliant validation practices.

According to the Standards of Registered Training Organisations (RTOs) 2015, you are required to implement a quality review process (Clauses 1.8, 1.9, 1.10 and 1.11).

Clause 1.8a requires that the RTO’s assessment systems comply with the assessment requirements of the relevant training packages or VET accredited courses.

Clause 1.8b requires RTOs to ensure that the evidence gathered is valid (one of the Rules of Evidence) and that assessment processes and outcomes are valid (one of the Principles of Assessment).

These requirements must be met and demonstrated in all assessment policies, procedures, materials and tools of the RTO. Clause 1.8 primarily relates to the development (or purchase) of the RTO’s assessment resources.

Assessment validation has been strengthened in the Standards for RTOs and the requirement is to:

  • Develop and implement a comprehensive plan for ongoing systematic validation of assessment that includes all training products on the RTO’s scope of delivery (Clause 1.9)
  • Validate the assessment practices and judgements for each training product at least once every five years with at least 50% of products to be validated within the first three years of each five-year cycle (Clause 1.10)
  • Ensure that validation is conducted by one or more suitably qualified persons, who are not directly involved in the delivery and/or assessment of the training product being validated. (Clause 1.11).
  • These clauses relate primarily to the actual delivery and outcomes of the RTO’s assessment systems, including the performance of the RTO’s assessors.

Important bits of information

 

Criteria Explanation Comments
Validate the assessment practices and judgements for each training product

 

Note: In order to completely (100%) validate a training product, what is the validation time frame?

Five years after the training product is initially listed on the national register or included in the scope of the RTO. It is an ongoing process and will renew after every five years if a training package is not being updated/superseded, or removed/deleted from the national register.
Validate the assessment practices and judgements for each training product

 

Note: In order to partially (50%) validate a training product, what is the validation time frame?

Three years after the training product is initially listed on the national register or included in the scope of the RTO. It is an ongoing process and will renew after every five years if a training package is not being updated/superseded, or removed/deleted from the national register.
Why do you need to do validation more frequently? (Best industry practice) If you identified that risk indicators exist for validation to occur more frequently. The risk indicators may include:

 

  • The use of new assessment tools;
  • Delivery of training products where safety is a concern;
  • The level and experience of the assessor;
  • Changes in technology, workplace processes, legislation, and licensing requirements;
  • Qualifications identified by the regulator as ‘high-risk’;
  • Assessment conducted under a third-party agreement;
  • The number of locations where assessment is conducted;
  • The number of students;
  • The mode of assessment such as RPL or on-line;
  • Feedback from clients, trainers and assessors; and

Audit and validation history

How many people do you need to conduct the validation? One or more suitably qualified persons, who are not directly involved in the delivery and/or assessment of the training product being validated.

 

If a team approach is used, the assessors who are directly involved in the assessments being validated may participate in the process, however, they cannot contribute to meeting the team requirements of Clause 1.11.

 

If an individual approach is used, validation must be undertaken by a person who meets all the requirements of Clause 1.11.

 

Validation is a collaborative process. The team must hold collectively:

  • Vocational competencies and current industry skills relevant to the assessment being validated
  • Current knowledge and skills in vocational teaching and learning
  • The TAE40110 Certificate IV in Training and Assessment (or its successor) or the TAESS00001 Assessor Skills Set (or its successor).
  • Validators can be employees of your RTO, or you can seek external validators.

The trainer and assessor who delivered/assessed the training product being validated:

  • Can participate in the validation process as part of a team
  • Cannot conduct the validation on his/her own
  • Cannot determine the validation outcome for any assessment judgements they made
  • Cannot be the lead validator in the assessment team.
Do you need to keep the records of validation? It is important to keep the records of all validation activities and validators as auditors might ask for it during audit activities and for managing continuous improvement processes at an RTO. You need to keep for validators information for the following reasons:

  • To demonstrate that the RTO’s assessment system can consistently produce valid assessment judgements.
  • Validation is undertaken by one person or by a team of people. The RTO must ensure the review process is completed by people who collectively hold:
    • vocational competencies and current industry skills relevant to the assessment being validated
    • current knowledge and skills in vocational teaching and learning, and
    • the TAE40110 Certificate IV in Training and Assessment (or its successor) or the TAESS00001 Assessor Skills Set (or its successor).
  • A regulatory body such as Australian Skills Quality Authority (ASQA) may request evidence of it during audit activity.
Reasons why validation of assessment and learner resources should be systematic and ongoing. A unit of competency needs to be regularly reviewed to ensure that it meets current industry and regulatory requirements, therefore, you must have a systematic and ongoing mechanism to track any changes and to ensure all your resources are up-to-date and current.
How to schedule validation The first step is to develop a “validation schedule” used to validate each training product (AQF qualification, skill set, unit of competency, accredited short course and module) on your scope of registration.

A validation schedule is a five-year plan and each training product must be reviewed at least once in that five-year period, and at least 50% of your training products must be validated in the first three years of the schedule. Your RTO might choose to validate its training products more often, for example, if risk indicators demonstrate that more frequent validation is required. Indicators of risk might include:

  • the use of new assessment tools
  • delivery of training products where safety is a concern
  • the level and experience of the assessor, or
  • changes in technology, workplace processes, legislation, and licensing requirements.

Once you have your validation schedule you need to complete a validation plan with dates and timelines. The more detailed your plan is with regards to who (needs to be included), when (what date and for how long), and what (which units are being validated, what information will be needed, from where are we getting it) the better your outcomes for your validation will be.

It is important RTOs have a clear understanding of the terms being used before they commence developing assessment validation plans and schedules under Clauses 1.9 -1.11.

 

For example, in the context of the Standards for RTOs:

 

  1. What is a training product?

 

  1. What is the intent of assessment validation?

 

  1. What is a statistically valid sample?
What is statistically valid sampling? A statistically valid sample is one that is:

  • large enough that the validation outcomes of the sample can be applied to the entire set of judgements, and
  • taken randomly from the set of assessment judgements being considered.

Use ASQA’s validation sample size calculator for more information. It can be found here:

https://www.asqa.gov.au/news-publications/publications/fact-sheets/conducting-validation#validation-sample-size-calculator

Validation outcomes You must keep all records in a soft-copy/scanned format or in hard copy. The records must include all the tools used to conduct validation such as assessment resources, validation forms and checklists, profiles of validators etc.

 

The validation outcomes should identify recommendations for improvement to the assessment tool, assessment process or assessment outcome.

Sometimes the validation outcome can identify critical issues in the collection of valid evidence.

 

When this occurs, you may:

  • increase the validation sample size to assist in identifying patterns of issue
  • validate completed assessments from other units of competency to see if the issue is spread across the whole of the qualification, and
  • look for patterns of error (for example, consider if it is one assessor making invalid judgements—this could indicate the assessor requires further training in competency-based assessment).

 

Your validation plan must clarify how you will document and act on validation outcomes. For example, an assessment validation checklist addressing the principles of assessment and rules of evidence may be utilised to document the validation outcomes. Outcomes of validation may be acted upon through your RTO’s continuous improvement processes.

 

Your RTO must have a records management process to retain the evidence of the validation. You should retain evidence of:

  • the person/people leading and participating in the validation activities (including their qualifications, skills and knowledge)
  • the sample pool
  • the validation tools used
  • all assessment samples considered, and
  • the validation outcomes.

 

If the validation outcomes recommend improvements to the assessment tool, you should implement these recommendations across all training products, not only those included in the sample. If you make changes to the assessment tool, complete quality checks and review the revised tool prior to implementation.

During an audit, the auditors are looking for evidence that you have established a system that assures the quality of assessment in your RTO.

 

This will include:

 

  • having processes and tools that enable validation at all stages of the lifecycle of a training product in your organisation;
  • having a plan for validation that is implemented successfully in your organisation;
  • being able to demonstrate that you have managed who participates in the validation process;
  • being able to demonstrate that your assessors have made quality assessment decisions; and
  • your assessment practice has improved as a result of validation activities.

Description:

Validation is a process of checking the assessment tools, methods, judgements, evidence and processes to ensure that the training product meets:

  • ​Principles of Assessment – i.e. valid, reliable, flexible and fair
  • Rules of Evidence – i.e. valid, authentic, current and sufficient
  • The judgment made by the trainer/assessor is benchmarked with colleagues or industry experts
  • There is sufficient evidence to support the judgment of the trainer/assessor
  • Whether the requirements of the Training Package or accredited course have been met.

Typical benchmarks used during the validation process include:

  • National training packages which are developed by Skills Service Organisations (SSOs)/ Industry Reference Committees (IRCs) and can be found on the training.gov.au website.
  • Units of competency consist of competency standards and need to be unpacked so that those validating the assessments can compare the actual competency against the tools being validated.
  • Industry standards and consultation will vary, and these standards form the basis of the skills and knowledge required to perform work roles.
  • AQF Guidelines and Framework
  • Information provided to candidates, assessors and third parties
  • Legislation relevant to the assessment such as privacy, health and safety, anti-discrimination, copyright law and so on.

Assessment system

Documents required for conducting an effective validation session, in the RTO’s assessment system, includes but is not limited to:

Validation related documents:

  • Validation plan
  • Validation schedule
  • Validation record or validation form
  • Validation register
  • Validation report form
  • Continuous improvement form
  • Continuous improvement register
  • Pre-assessment validation documents

Assessment resources:

  • Unit assessment pack/student pack
  • Trainer assessment pack/assessor pack
  • Mapping document
  • Assessment evidence according to a sample size

Other documents:

  • Training and assessment strategy
  • Feedback forms
  • Unit of competency
  • Companion volume/implementation guide
  • AQF framework
  • ACSF framework

You will be required to evaluate if the assessment resources meet:

  • Training package requirements (application, elements and performance criteria, foundation skills, performance evidence, knowledge evidence, assessment conditions)
  • Principles of assessment; fairness, flexibility, validity and reliability
  • Rules of evidence; valid, sufficient, authentic and current
  • The appropriate level of difficulties (AQF Level)
  • Provide sufficient and clear instructions
  • Record any appropriate adjustments

What should you consider?

There are a number of things that you must consider when planning the validation, they are:

  • The responsibilities of who is accountable for what should be discussed in detail.
    • Awareness of when a training product gets superseded, deleted or removed and their implications
    • The validation requirements applicable to each training product
  • Requirements for documentation
    • Having a compliant validation plan/validation register and validation schedule
    • Processes and tools used for validation at all stages of the lifecycle of a training product
    • Evidence of the suitability of individuals part of validation panel
    • How the assessment practices have been improved as a result of the validation activities

How to create a compliant and effective self-study guide

A self-study guide is a tool that can be used to help a learner extend their learning. It can be effective when learners begin to prepare for a summative assessment.

The self-study guide can also be used by learners as a document for reflection of learning, identification of strengths and weaknesses, and to build on strengths to meet training package requirements.

A self-study guide gives learners greater autonomy in their learning process by moving away from the instructor-guided model. It also gives the learner the opportunity to explore things in their own time.

The benefits of a self-study guide are:

  • Supports the learning process
  • Allows learners to learn things in their own time
  • Develops research skills
  • Encourages self-motivated learning
  • Compliments the volume of learning hours

Please note: A self-study guide is not a learner guide. The self-study guide contains references and links that allow learners to study additional information related to the unit of competency or course and as additional support to the learner guide.


Do you wish to receive a free copy of our self-study guide template in the email? Send us a request at info@caqa.com.au.

Should RTO consultants be regulated through a Government or professional body?

Training and education is a complex and vast subject. It is only prudent that we regulate this field to make sure that individuals who are part of it are providing advice and are doing what they claim they can do.

Training and education consultants seem like a dime a dozen these days. However, with the large numbers, there is less regulation of the quality of service offered by such professionals. This leads to poor consultancy services as well as individuals using this as an opportunity for exploitation.

A common misconception among consumers is that they can find out if somebody they are seeking advice from has any kind of qualification or not by searching for them online. The truth is, most unregulated individuals will not show up in searches. So it becomes even more important for Governments to regulate this profession because it serves as an opportunity for unethical individuals to prey on unsuspecting consumers.

Lack of regulation in the training and education industry has led to the exploitation of a number of clients by these so-called training and education consultants, RTO consultants, VET consultants, RTO experts or Auditors.

There are many people who work as consultants, but not all of them should be classified as “RTO experts” or “RTO consultants”. There are many people who provide services that look like training compliance support or audit support who are not qualified or experienced enough to do so.

Almost all other similar types of occupations are regulated in Australia so why not RTO experts and RTO consultants?

Benefits to regulating consultancy

The benefits of regulation are many.

Firstly, it means that businesses won’t have to worry about staying compliant with legal requirements as there will be clear guidelines and quality charters.

Secondly, this would give customers peace of mind knowing that the services provided by their consultant is legitimate, factual and compliant with industry regulatory standards and best practices.

It should also promote continued professional development for the RTO consultants.

Detailed client assistance and support charter

Regulating consultancy will protect consumers from being taken advantage of and a professionally qualified consultant will be able to provide high-quality services. The regulation would also provide a clearer and more transparent system for both clients and providers to understand how these services should be delivered.

Either a government or professional body could be the regulator and validate qualifications and enforce standards of behaviour for the consultants.

Update about Victoria’s International Student Arrivals Plan

International students will start returning to Victoria by the end of 2021 under the Victorian Government’s International Student Arrivals Plan, which has been endorsed by the Australian Government.

The plan was developed in consultation with Victorian universities, and industry peak bodies from across the international education sector, including the Independent Tertiary Education Council Australia, the International Higher Education Association, Victorian TAFE Association, Universities Australia, and English Australia and Asia Pacific Student Accommodation.

Under the first stage of the plan, 120 places will be available each week for students of Victorian universities who need to urgently return to do practical work, including health and medical and also postgraduate research students.

The second stage of the plan will expand to include more students, including those who are enrolled with other education providers such as TAFEs, English-language colleges, private education providers and secondary schools.

This stage is expected to start in early 2022 but will depend on the public health situation in Victoria, Australia’s international borders and progress in relation to the national plan to transition Australia’s COVID-19 response.

Students arriving under the plan will be in addition to Victoria’s existing international arrivals cap and quarantine places, which means they will not displace returning Australians and permanent residents.

Read more about the Victorian Governments International Student Arrivals Plan

Queensland has set a new national record for the number of women entering the construction industry.

According to data released this week by the National Centre for Vocational Education Research (NCVER), Queensland has achieved the highest-ever number of females enrolling in a construction trade apprenticeship of any state or territory in the country.

Furthermore, according to the data, the overall number of female construction apprentices in the Sunshine State is larger than at any other time in recorded history, with 1,048 women now enrolled in the programme.

As a result of this new growth rate, the proportion of female construction apprentices in training in Queensland has more than doubled from approximately 1.5 per cent in 2010 to more than 4 per cent of all apprentices. This is significantly higher than the national average of slightly more than 3 per cent.

Landmark VET reforms to drive our skills-led economic future

A fundamental overhaul of Australia’s vocational education and training (VET) system has been agreed to by the Morrison Government and states and territories. The reforms are an important achievement and will improve the performance, efficiency, transparency and confidence in the VET sector, ensuring Australians can access high quality and relevant training and employers can access the skilled workers they need.

The new Industry Clusters model—as groups of aligned industries—will replace the 67 Industry Reference Committees and six Skills Service Organisations and are expected to be fully operational by 1 January 2023. The reforms will ensure courses and qualifications in the sector are driven by and better meet the needs of industry, as well as students.

Training package approval processes will also change, with an independent assurance function to replace the Australian Industry and Skills Committee by 1 January 2023.

The Morrison Government is investing $292.5 million over the next four years to support the reforms—building on the record $6.4 billion investment made by the Morrison Government in skills and training this financial year.

Minister for Employment, Workforce, Skills, Small and Family Business, Stuart Robert, said the reforms will drive system improvements, ensure qualifications are updated faster so they meet the needs of industry and help students upskill or reskill for new and emerging jobs.

‘As Australia’s economy roars back we need a skills and training system that is well positioned to meet our evolving workforce needs into the future,’ Minister Robert said.

‘Australia’s economic future relies on a VET system that works for students and employers, which is why industry engagement is so important as part of our skills-led recovery,’

‘The new Industry Clusters will strengthen employer leadership and engagement, giving industry a broader, more strategic role ensuring Australia’s VET system addresses skills and workforce challenges across the economy, including labour demands, as we reopen strongly.’

‘This is a significant milestone as we work constructively with states and territories to complete the transformation of the VET system and progress further reforms.’

More details can be found at: www.dese.gov.au/skills-reform

This material comes from the originating organization/author(s)and may be of a point-in-time nature, edited for clarity, style and length. The views and opinions expressed are those of the author(s). View in full here.

Interview with David Jepsen, Founder and Principal of RTO Accountants

With over 25 years’ experience as a practicing CA, David is the Founder and Principal of RTO Accountants. David started his career at KPMG, moving onto mid tier accounting firms and commercial roles with Citigroup, Zurich, CBA and others in Sydney and London before setting up an accounting practice in 2001. Offering commercial and practical advice, David believes the foundation for business success is built upon strong, trusted and lasting client partnerships.

David is commercially minded and works collaboratively with clients to develop strategies and solutions for complex business challenges. Having worked in accounting firms as well as public and private businesses, David has a breadth of experience in accounting, taxation, business advisory, financial control/CFO roles, ensuring his clients receive top-level, expert advice.

Specialising in the VET/CRICOS/ELICOS sector since 2016, he has extensive experience working with RTO’s. Specific areas of experience include sales due diligence work, tax advice on sales and other, business group structuring, board reporting, financial viability risk assessment requirements (FVRAR) and business advice.

David loves his sport and played rugby for many years, he still follows the game at all levels from club to international closely. He now enjoys getting outdoors all year round to train and compete in kayak races.


Sukh Sandhu: How long have you been assisting RTOs with financial viability risk assessments, and what has your overall experience been like in this field?

David Jepsen: We have been working with RTO’s since 2014 and financial viabilities from 2018, which was just prior to the introduction of the version of the FVRA Tool we still work with now. The FVRA Requirements were very basic and the introduction of the new requirements in 2018, was like moving from 2 to 9 out of 10 in terms of financial reporting complexity. The sector was not accustomed to this level of financial reporting; I still see issues with that, though I think the sector is getting accustomed to this and the need for this.

The FVRAR and its Tool are complex; as qualified accountants it took us many hours and late nights to get our heads around it and learn its nuances, this is a process for us that never stops.

Sukh Sandhu: What are the five most common mistakes people make when completing the financial viability risk assessment packs, and how can they be avoided?

David Jepsen: I will start with saying we have an initial meeting with clients prior to them starting work on financials and we prepare the Tool for our clients to avoid these mistakes. The client owns and knows the RTO and its plan, though we address and guide our clients on our area of specialisation early to make the process effective and simple for the client.

1. Business Plan or other information available to ASQA contradicts the FVRA Tool.

Solution (S): Get your signing accountant to review the business plan and directors be mindful to understand if changes in the forecast affect other documents.

2. Over emphasis on the bank balance to prove viability.

Solution (S): Provide a financial guarantee and evidence of available liquid assets to fund the RTO; proving the RTO has access to funds. Funds can easily and quickly be deposited or withdrawn from an account.

3. Over optimistic forecasting; higher revenues and lower costs to make the RTO more profitable.

Solution (S): be realistic, even conservative and consider all costs and choose a mid range of student numbers and not the best scenario. Business start ups are rarely profitable and take time to grow and make a profit; accountants and auditors are aware of this.

4. Incorrect and incomplete Tools; the various sheets do not reconcile and/or are not completed correctly; leads to a Tool with a red light and automatic rejection.

Solution (S): We only see these issues when the tool is done by the director’s or another advisor and RTO Accountants are brought into review. Working with an accounting firm experienced with the Tool is the solution, alternatively spend a lot of time and hopefully get it correct.

There is a lot to consider including future, actual, historical financial and operational information that reconciles. Forecasting the balance sheet and cash flow in software and not excel. Accurate financial reporting of this complexity is difficult even for qualified accountants using specialised forecasting software.

5. Forecasting Accuracy

Solution (S): It is a forecast of the future, no matter what you do it will not be 100% correct; consider all the information currently available to you and find a comfortable balance in the level of detail, we can guide you.

Sukh Sandhu: We understand that you also assist organisations with the selling and purchase of RTOs; could you perhaps elaborate a little more for our subscribers?

David Jepsen: For sellers we can help to clarify or prove the value of your RTO via forecasting and a valuation of the RTO. We can provide a report on this that improves the sale process for you; attracting more buyers and a higher price as you are able to articulate the RTO value via this document and discussions. The report can be presented to brokers and potential buyers.

For buyers it is usually Due Diligence (DD) work on the RTO you are considering acquiring. The potential scope of Due Diligence work is very broad as its ultimate objective is to ensure the RTO financial position is as the seller’s state in their financials; the process is like a financial audit. We want to check that you are buying the RTO you think you are. The scope of work is discussed and decided with the client and can change through the process. Many buyers don’t undertake DD as it is a cost that may be large compared to the purchase price; the potential consequences and costs of not undertaking DD when you purchase a RTO can be much larger than the purchase value as the buyer inherits the past of the RTO including any compliance, legal and financial issues, and risks. Our DD findings have saved clients millions. There are many examples including:

  • A $200k RTO purchase we discovered that the RTO had not paid tax or GST for years and the new owners would be responsible for the $150k; the buyers purchase cost is doubled once penalties are included
  • In another DD the RTO was accounting for training revenue on a cash basis prior to training delivery and therefore it looked more profitable than it was. Once discovered the sale price was renegotiated from $1m to $750k; $250k savings.

DD work prior to the purchase is more effective than resolving via enforcement of the share sale contract post sale. Enforcement of the share agreement is difficult and includes directors time, court costs and an unknown outcome. Our due diligence work is focussed on the financials, and we work with other specialists on the DD. Engaging RTO specialist lawyers and consultants should be considered.

DD can also be done for sellers, though is less common. It is more likely to happen if the seller is relying on the new owner’s performance; for example, if the sale includes an ‘earn out’ whereby the sale proceeds will depend on the performance post change of ownership, you want to ensure the buyer will keep the RTO profitable.

Sukh Sandhu: What are the most significant financial risks that training organisations face in today’s environment?

David Jepsen: It depends on the RTO of course, though broadly speaking COVID still looms large for me as a risk to business and the economy for some time, I hope we have seen the worst of it. The last 18 months turned out better than many RTO’s envisaged as they cut costs, received Government support for their business and education became an economic priority and recovery plan that has led to funding of training. I know many colleges have not been so lucky, especially those exposed to international students.

General Government support of the economy, such as Jobkeeper, Jobsaver and disaster payments will be withdrawn and that may also pose risks to the economy and perhaps then student expenditure on courses.

From history we know that funding of training can be withdrawn quickly and that is a risk that directors should remain aware of and have plans in place for.

The regulator has been subdued in its compliance actions since January 2020 and I think that may change as they start to conduct monitoring reviews on inactive or suspected non-compliant RTO’s.

Management and understanding of the RTO operations and financial position, to ensure that you are making a profit and are cash flow positive in the medium to long term. There can be a race to the bottom in reducing student fees against competitors and you need to ensure the fees you are charging will cover your operations and provide the owners with a return on their investment.

Sukh Sandhu: When it comes to working with the national regulatory authority, how has your experience been?

David Jepsen: I have had meetings with the regulator on the FVRAR; that took a little time to organise though they were productive meetings.

Administrative Appeals Tribunal (AAT) attendance to defend a client’s financial viability against the regulators legal team and forensic accountants. The outcome for the client was favourable, though being questioned by a legal team is never too much fun, though it was challenging and satisfying to explain the financials in that environment.

Recently the regulator seems more communicative and proactive regarding its role and how they will undertake that role, hopefully we will see this in its actions going forward.

Sukh Sandhu: Are there any suggestions you would like to offer to people who are interested in getting into the RTO industry?

David Jepsen: It is a regulated sector as education is a matter of public interest and therefore there will be scrutiny on your affairs and how you intend to operate your business and maintain financial viability. This level of scrutiny will mean setup takes more time and costs more. Most sectors do not have this scrutiny; though writing a business plan and a financial forecast would help all start-up businesses and deter those not ready for the responsibilities of running a business.

Buyers of an RTO business need to get to know the sector and do your due diligence. Training is a happy and positive sector, the conferences are enjoyable, the people involved care about their students/clients.

As the accountant I have to say businesses have a responsibility to society, their clients, staff, suppliers, and other counterparts. For all the efforts and stress please ensure you make a decent return out of it. Understand your financials, risks and what you are making from the business, get regular reporting not just once a year.


For those who wish to connect with or follow David Jepsen, you can do so via his Linkedin, here – www.linkedin.com/in/david-jepsen

Interview with Peter Doukas – Managing Director, Denison Toyer Education Lawyers

Peter owns and operates Sydney based education law firm Denison Toyer.

Working in the field of Education Law and Corporate Governance since 2007 Peter has acted for over one hundred Registered Training Organisations and Higher Education Providers in various stages of the education management cycle. He routinely acts for colleges in the Administrative Appeals Tribunal and provides extensive advice to RTO Management, Higher Education providers, Educational Conglomerates and Universities. His professional practice also includes providing legal and governance advice to listed and unlisted company boards. He has acted in some of the largest cases involving ASQA in the AAT.

Peter is also active in the multicultural space and acts as a volunteer director on various boards. He is the current chair of the Ethnic Communities’ Council of NSW. He also works providing pro-bono legal assistance to new and emerging communities, particularly in the establishment of associations and governance structures within NSW.

Peter was awarded Honour of Member of the Order of Australia for services to Multiculturalism on Australia Day 2020.


Here is a copy of Peter Doukas’s interview with Sukh Sandhu:

Thank you, Sukh for the opportunity to be part of the publication. I think it is exceptional that you have maintained the publication throughout the COVID period and it is in my view has never been a more critical time in the history of VET to properly liaise with the sector in all its shapes and sizes and the publication does this.

What are the top five genuine reasons for a regulatory body to take strict action against a training provider?

This is an interesting question. The word ‘genuine’ is something that has troubled representatives in the profession and around the sector for the last 10 years. What constitutes a genuine problem or a genuine reason for a regulatory body (any regulatory body) to take strict action against the Training Provider. The unique example of VET is one which we should bear in mind moving forward as it is the current question before us. In my view, strict action including sanctions should be the last resort. By sanction I mean the sanction of either cancellation, suspension or any other form of sanction which directly affects the ability of the organisation to trade. In my view, there are a number of items where such strict action should be taken. These include but are not limited to:

  • Criminal conduct by the Provider
  • Conduct that is not criminal but unlawful such as breaching the provisions of the NVR Act. If it is proven however to a criminal standard.
  • The use of the VET framework to further commercial interests. It has occurred routinely that I have seen individuals (either Providers and non Providers) use the mere fact of the highly regulated VET environment to further their commercial interests when pursuing them against an RTO.
  • When there are examples of mistreatment of students. This is an extension to the student centred approach that ASQA has taken in the recent past in which in my view students and their experience while studying in our VET Sector should be prioritised above all else.

When should RTO representatives seek the advice of a legal professional?

The question of when a RTO representative should engage a legal professional has plagued me for some time. I have too often been brought into cases that have been run or attempted to be run by Providers without the involvement of a lawyer. This ends up costing Providers exponentially more and in some cases the problems are too large to fix before a sanction either takes effect or can possibly be unwound. In my view is prudent for an RTO to permanently retain (this does not need to be on a financial basis) a lawyer or law firm for the sole purpose of providing legal advice. If you have a lawyer ‘on the books’ it would make the function of dealing with sanctions or any inquiries from the regulator more easy. We must remember, the VET Sector is a highly regulated environment and a VET Provider particularly a CRICOS Provider operates in the framework of multiple interlocking contracts, agreements and regulatory requirements. The idea that RTOs could go along without having legal advice outside of leasing and other contracts on an Ad-hoc basis is not realistic. For larger Providers I strongly recommend the establishment of a Board of Directors of which a retained lawyer and compliance expert sit as advisors to this Board (not necessarily Directors) but provide routine advice on compliance and on structures of the business of VET delivery.

This question is an extension to the previous question, in what ways can a legal practitioner, such as yourself, assist an RTO who is experiencing a legal problem with the regulatory body?

To answer the question about how a lawyer can address the problem facing a regulatory body or facing a registered training organisation is not as appropriate in my view as to when to involve that person. We in this Sector operate in a very unique regulatory framework. ASQA as a regulator has to face Providers which for the most part try to do the right thing but often find themselves on the wrong side of regulation or audits. I have seen on many occasions legal practitioners in some cases from very large firms find themselves completely out of their depth with regards to the implementation of the NVR Act and audit reports as part of regulatory functions. I have noticed the impact of regulatory decisions that have been taken by the regulator not being properly addressed either due to fellow practitioners not fully understanding the way the NVR Act works nor the way that AAT matters should be run. AAT litigation in the RTO space is unique and is very rarely dealt with by legal practitioners operating outside of the RTO space. There are a number of lawyers in Australia who have experience in these matters and I would encourage RTO owners to seek out lawyers who actually have acted in the AAT and ideally brought a matter to final hearing. It is not enough to simply ask a lawyer when shopping around ‘have you taken an RTO to the AAT?’. The real questions that need to be asked is whether:

  • The lawyer has taken a matter to final hearing
  • They have run a contested stay application; and
  • They have conciliated an outcome to the benefit of the RTO.

As you would have noticed, there was a time when RTOs were being cancelled left, right, and centre for trivial reasons that had no or little influence on students. Do you still witness the same pattern, or have the processes been improved?

I think the Regulator’s processes have improved dramatically in the last 18 months. In my view, the Regulator has made a genuine attempt to engage with the Sector and have as an outcome a collaborative and collegiate system of compliance and regulation. Also, it must be said that there were quite a few more RTOs at the beginning of 2018 than there are today. This can partly be due to the cancellation of many in between 2018 and 2019 and also of course a result of the impacts of COVID-19. In 2018 and for most of 2019 I remember running at least one stay hearing each week. This was a time when RTOs were being shut or sanctioned as a result of audit reports that didn’t really hit the mark. There are a number of factors I believe that have changed this. Some of which include some significant wins for RTOs and in final hearing before the AAT,other factors involve the change in perspective from ASQA to a more collaborative model of compliance. I think it can be said generally that the RTO space we are going into in 2022 is fundamentally different from the RTO space that we had in 2019. I am excited at how the Sector will look because I think that we now have a Regulator who can see the value of a competitive, compliant but confident VET Sector that isn’t always looking over its shoulder.

What are the primary reasons for the departure of so many people from the vocational education and training industry?

The departure of people from the Vocational Industry I believe will be reflected as one of the most dramatic and problematic events in Australian commercial history. I have a colleague who is looking to conduct a PhD in Vocational Education and is unable to find a supervisor. It is the case that people have left the VET Sector and found opportunities elsewhere for many reasons, but central is the lack of focus that has been placed at the sector at a policy level. RTO owners shutting or selling their RTO’s tell me that they have lost faith or lost confidence in the Sector. I have worked tirelessly to try to convince people to remain within the Sector and either keep their colleges open or at least keep themselves in the space in some way. I believe that we are about to embark on a significant period of growth in VET and we need as many experienced operators as possible. This is due in part to the combination of a skills shortage in Australia and the gradual opening of our borders to international students.

Any legal advice you’d want to share with people who are interested in entering into the RTO industry or who are currently operating in the industry would be greatly appreciated.

My view is that VET is about to take off. Unfortunately, I am looking to the government to support the Sector and support the entrance of people into the Sector. When I say government, I do not mean the Regulator but education policymakers in Canberra. We need to remember that international education is either our second or third largest export market depending on the context. Could you imagine what would occur if mining in Australia had experienced the nearly 30 per cent decline in people working in the Industry? This is VET since 2019. I believe government should look both into the push and pull factors affecting how people engage with the Sector. They have certainly addressed the push factors by the reforms of the Regulator and I think that now finally ASQA has the framework of a forward-thinking and flexible Regulator in a competitive international market which can finally be compared to Regulators in other Anglosphere jurisdictions such as Canada, New Zealand or the United Kingdom.

As to the pull factors, I believe that we really need to focus on trainers and RTO owners. These are the people who dedicate huge chunks of their life to the training of VET Students and it is these people who need our support and credit in what I hope will be a re-emergence of our VET Sector.


For those who wish to connect with or follow Peter Doukas, you can do so via his Linkedin, here – www.linkedin.com/in/peter-doukas/

The VET Sector News- November 2021

Apprenticeships in butchery, childcare and hairdressing decline across the ACT

Canberrans have been warned local butchers are a “dying trade” after data showed a steep drop in apprenticeships.

Figures collated by the National Centre for Vocational Education Research showed a decline in trainee butchers, hairdressers and childcare workers in the ACT since 2013.

It was felt hardest in hairdressing, with trainee numbers falling by 46.5 per cent, while butchery fell by 47 per cent. There were just 25 trainee butchers in the ACT as of December 2020, compared to 47 in 2013.

For more information, please click here.

Covid outbreaks have shut more than 320 schools across NSW and Victoria in past three weeks

More than 300 schools across New South Wales and Victoria have closed down in the last three weeks due to Covid outbreaks, with the majority of students still due to return to classrooms.

Between the start of term four on 4 October and 22 October, there were 234 closures at government schools in Victoria, figures from the Department of Education show.

For more information, please click here.

Foreign students, workers to be allowed back into Australia before Christmas and tourists could follow

International students and workers will be allowed to return to Australia within weeks, with tourists potentially permitted back into the country by Christmas.

With Australia’s international borders reopening in Sydney for citizens, residents and their families on November 1, the government is moving fast on the plan to allow more travellers into the country.

For more information, please click here.

Australia mulls visa reforms for offshore students to enjoy work rights

Can international students expect Australian student visa reforms on the horizon, and to play a bigger role in Australia’s skilled migration?

The International Education Association of Australia (IEAA) has submitted a policy paper to the government that proposed any international student who undertakes an additional professional year in skills shortage areas should be given double the migration points to permanent residency.

For more information, please click here.

World-first Gold learning hub confirmed for Sandhurst

The PGA of Australia will seek to further elevate the capabilities of the current and future golf industry workforce through the establishment of the PGA Golf Learning Hub at Sandhurst, south of Melbourne.

The completion of the Australian Golf Centre at Sandringham and the relocation of PGA administrative staff to the heart of the Melbourne Sandbelt has paved the way for an expansion of the PGA’s educational infrastructure already in place at the Sandhurst Club alongside its two championship golf courses.

To operate in conjunction with the existing PGA Membership Pathway Program, Accreditation and Continuing Education Program and the PGA’s Registered Training Organisation – the PGA International Golf Institute, the PGA Golf Learning Hub will serve to provide the entry point to a career in golf and where the existing workforce can advance their skills and education.

For more information, please click here.

Quarantine requirements dropped for Canberra universities

A third Australian jurisdiction has signalled its intention to allow the untrammelled return of international students, with the Australian Capital Territory (ACT) vowing to admit fully immunised tertiary students in time for the start of the 2022 academic year in February.

Chief minister Andrew Barr said that while students would need to adhere to federal government vaccination and testing requirements for international arrivals, those entering the ACT would not be required to quarantine.

For more information, please click here.

The ‘ABC’ of Academic Credit Transfer in India: India Gives Students Flexibility in Higher Education Through Academic Bank of Credits

  • An Academic Bank of Credits will be set up where students can deposit, transfer and redeem credits earned through a variety of courses, including MOOCs
  • Flexibility for students to experience diverse learning
  • Students to have multiple entry and exit points in higher education, resulting in certificate, diploma, degree etc
  • Synchronisation proposed for general and vocational / skill education

Continuing with the trend of fast-paced educational reforms, the University Grants Commission (“UGC”) recently notified the UGC Establishment and Operation of Academic Bank of Credits in Higher Education) Regulations, 2021 (“Regulations”)1. The Regulations inter alia provide for the establishment of an Academic Bank of Credits (“ABC”) which will facilitate the recognition and transfer of credits earned by students, amongst various Higher Education Institutions (“HEI”).

The aim of the Regulations is to enable students to “choose their own learning path to attain a Degree or Diploma or Post Graduate diploma or academic qualification, working on the principle of multiple entry-multiple exit (“MEE”) as well as any-time, any-where, and any-level learning”.

For more information, please click here.

Australia mulls visa reforms for offshore students to enjoy work rights

Can international students expect Australian student visa reforms on the horizon, and to play a bigger role in Australia’s skilled migration?

The International Education Association of Australia (IEAA) has submitted a policy paper to the government that proposed any international student who undertakes an additional professional year in skills shortage areas should be given double the migration points to permanent residency.

For more information, please click here.

The ‘ABC’ of Academic Credit Transfer in India: India Gives Students Flexibility in Higher Education Through Academic Bank of Credits

  • An Academic Bank of Credits will be set up where students can deposit, transfer and redeem credits earned through a variety of courses, including MOOCs
  • Flexibility for students to experience diverse learning
  • Students to have multiple entry and exit points in higher education, resulting in certificate, diploma, degree etc
  • Synchronisation proposed for general and vocational / skill education

Continuing with the trend of fast-paced educational reforms, the University Grants Commission (“UGC”) recently notified the UGC Establishment and Operation of Academic Bank of Credits in Higher Education) Regulations, 2021 (“Regulations”)1. The Regulations inter alia provide for the establishment of an Academic Bank of Credits (“ABC”) which will facilitate the recognition and transfer of credits earned by students, amongst various Higher Education Institutions (“HEI”).

The aim of the Regulations is to enable students to “choose their own learning path to attain a Degree or Diploma or Post Graduate diploma or academic qualification, working on the principle of multiple entry-multiple exit (“MEE”) as well as any-time, any-where, and any-level learning”.

For more information, please click here.

Quarantine requirements dropped for Canberra universities

A third Australian jurisdiction has signalled its intention to allow the untrammelled return of international students, with the Australian Capital Territory (ACT) vowing to admit fully immunised tertiary students in time for the start of the 2022 academic year in February.

Chief minister Andrew Barr said that while students would need to adhere to federal government vaccination and testing requirements for international arrivals, those entering the ACT would not be required to quarantine.

For more information, please click here.

World-first Gold learning hub confirmed for Sandhurst

The PGA of Australia will seek to further elevate the capabilities of the current and future golf industry workforce through the establishment of the PGA Golf Learning Hub at Sandhurst, south of Melbourne.

The completion of the Australian Golf Centre at Sandringham and the relocation of PGA administrative staff to the heart of the Melbourne Sandbelt has paved the way for an expansion of the PGA’s educational infrastructure already in place at the Sandhurst Club alongside its two championship golf courses.

To operate in conjunction with the existing PGA Membership Pathway Program, Accreditation and Continuing Education Program and the PGA’s Registered Training Organisation – the PGA International Golf Institute, the PGA Golf Learning Hub will serve to provide the entry point to a career in golf and where the existing workforce can advance their skills and education.

For more information, please click here.

Foreign students, workers to be allowed back into Australia before Christmas and tourists could follow

International students and workers will be allowed to return to Australia within weeks, with tourists potentially permitted back into the country by Christmas.

With Australia’s international borders reopening in Sydney for citizens, residents and their families on November 1, the government is moving fast on the plan to allow more travellers into the country.

For more information, please click here.

 

Covid outbreaks have shut more than 320 schools across NSW and Victoria in past three weeks

More than 300 schools across New South Wales and Victoria have closed down in the last three weeks due to Covid outbreaks, with the majority of students still due to return to classrooms.

Between the start of term four on 4 October and 22 October, there were 234 closures at government schools in Victoria, figures from the Department of Education show.

For more information, please click here.

Apprenticeships in butchery, childcare and hairdressing decline across the ACT

Canberrans have been warned local butchers are a “dying trade” after data showed a steep drop in apprenticeships.

Figures collated by the National Centre for Vocational Education Research showed a decline in trainee butchers, hairdressers and childcare workers in the ACT since 2013.

It was felt hardest in hairdressing, with trainee numbers falling by 46.5 per cent, while butchery fell by 47 per cent. There were just 25 trainee butchers in the ACT as of December 2020, compared to 47 in 2013.

For more information, please click here.

How to protect the copyright of your training and assessment materials Margaret Ryan (lawyer and trade marks attorney)

Training and assessment materials are normally protected by copyright in Australia. They are a valuable resource and should be protected from unauthorised copying, which may reduce their value and the value of the business which supplies these resources.

Copyright is automatic

In Australia copyright protection is automatic. As soon is an author records their thoughts in a physical form – whether on paper or in a form of electronic storage – copyright exists, provided that the work has not been copied from somewhere else and at least a minimum amount of effort has gone into the work. There is no system of copyright registration in Australia (although you can register your copyright in some countries such as the USA and China).

Copyright notice

Whilst it is not essential, it is recommended that a copyright notice be placed on all valuable copyright works. A common version is:

© [Name of copyright owner] [year of publication] [place of publication] All rights reserved.

This notifies any user that you are claiming copyright in your work and are warning against infringement. It also has other benefits if you sued for copyright infringement.

Contracts

There are also contractual methods that you can use to protect your training and assessment materials, firstly, when they are being made, and secondly, when they are being used.

1. Commissioning copyright works – It is a little known fact that, if a business commissions someone else to write its training and assessment materials, normally copyright in the materials will be owned by the author or their employer, not the commissioning party, unless the parties have agreed that the commissioning party is to own the copyright.

It is essential that a copyright assignment be included in a written agreement with the author or their employer upfront if the commissioning party wants copyright ownership. Trying to obtain a copyright assignment some time down the track can be met with various obstacles such as: the author cannot be found, or demands an unacceptably high sum for the assignment, or refuses to assign copyright all together.

2. Why would you want copyright ownership? Because it gives you the maximum freedom to use the materials as you wish, including allow others to amend and update them. It also allows you to take action against someone who is copying the materials without your authority.

3. Letting others use your materials – letting others use copyright material is called a “copyright licence” in legal terminology. A licence can be in writing, oral or even implied from the circumstances. But if your materials are valuable, you should set out in a written contract how they can and cannot be used. If you do this and someone misuses the material, you will have a legal right to claim breach of contract. If it is unclear how your materials can be used, you are in a weaker position.

If someone else is using your copyright material

1. Infringement – What if you believe that someone is infringing your copyright? The best thing to do is to speak to a copyright lawyer. I gave more information about what this involves in an article in The VET Sector on 4 October 2021. It is important that you are vigilant in watching out for unauthorised use of your training and assessment materials because this may detrimentally affect your business, especially if you are missing out on sales or licence fees.

2. Educational copying – Some copying of educational materials is permitted under the Copyright Act through an education copying scheme called the Statutory Education Licence. This Licence is administered by the Copyright Agency, which collects licence fees from educational institutions. It distributes royalties to copyright owners and is free to join – www.copyright.com.au Are you a member?

3. Third party websites – Sometimes academic resources are posted by students on third party websites. Two that come to mind are www.coursehero.com and www.scribd.com. These websites operate out of the United States, which means that there is a takedown facility under the USA Digital Millennium Copyright Act (DMCA). You can fill out a form on these websites verifying that you own the copyright in material posted on their sites and that it is infringing content and the material will be removed, although the person posting has a right of reply.

For businesses that develop training and assessment materials, a key component of the value of their business is their copyright, which gives them a level of exclusivity in the use of their materials. But this needs to be protected, firstly, by securing ownership of the copyright, secondly, in taking care when licensing others to use the materials and thirdly, by taking action against those who infringe the copyright.


Margaret Ryan is a lawyer and trade marks attorney with over 30 years’ experience in intellectual property, including copyright, and consumer protection law, working with organisations to find solutions, maximise the value of their IP and protect their business. IP by Margaret® – www.ipbymargaret.com.au

 

Message from the CEO

Message from the CEO


We need to make sure we eliminate any issues that lead to decreased student engagement and an increase in drop-out rates. We need to think about and execute support for students who want to complete a VET qualification and follow their interests or passion. Coming out of lockdown, we will need to move to a stable economy where our graduates have the knowledge or skills that employers need.

This month we are launching our “Your questions and our answers series”, a free webinar on the last Friday of the month between 12 to 1 PM. If you have questions do not hesitate to send them to us and we will try to answer as many of them as possible during the live sessions. We have more information in the “Your questions and our answers series” article. Join us for an hour of free compliance education! All attendees will receive certificates of attendance from us.

As always, if you require assistance in any way, please contact us via email at info@caqa.com.au.

Sukh Sandhu
CEO

Online learning – Understanding the learner experience continuum

Online learning has become one of the most used forms of learning in the VET sector. It is a flexible and convenient way for people to learn new skills, knowledge, and information.

Learning online is a process that many organisations are starting to take more seriously. They are trying to figure out how to best support learners in their learning journey by providing them with suitable tools.

This type of education takes place in various forms like e-Learning, blended learning, Massive Open Online Courses (MOOCs), and distance learning. Learners are moving towards online learning due to its flexibility and convenience. Some learners may feel more comfortable with social interactions while others prefer to work on their own without any interaction to achieve their goals.

Different organisations work differently with learners as they move through stages. For example, some organisations give learners autonomy and encourage them to figure out what’s best for them, while others provide guidance and support for their learner journey.

There are different degrees and types of online courses that can be taken by learners. Some courses might be completely passive while others might require active participation from the learner like answering questions or providing feedback to teachers. Learners can take online courses at different levels with varying degrees of interactivity. While some organisations take care of all levels of learners, there are other organisations that offer specific services depending on a learner’s needs and preferences.

The learner experience continuum


The learner experience continuum is a way to visualise and explore the different stages of online learning and the role that organisations play in them.


The learner experience continuum refers to the different stages of online learning from no or little interactivity to comprehensive self-directed learning where learners are engaged and contributing comprehensively to their learning journey.

The different stages of online learning

The different stages of online learning include:

Stage 1: no interactivity – learners are given content through PDF files, word copies of these documents are uploaded online. This stage only includes the passive form of learning that happens by simply reading or watching an image or video that has been produced by someone else’s expertise in one particular subject matter.

Stage 2: low interactivity – Visual and audio tools are used, followed by quizzes or assessments that help them improve their knowledge of the material. The information is presented using text format rather than PDF and word copies, the learner can bookmark what they have read and where to continue next time they commence their reading, learners can watch content, try out interactive drills, watch videos, etc

Stage 3: Low social learning – where learners interact with peers in groups or one-to-one, who are also working to learn about a topic or gain understanding in a certain area. This is very similar to the traditional classroom setting.

Stage 4: High social interactivity – immersive and collaborative. – where learners can connect with people who have expertise in fields they know little about and explore topics working as a team in any real business setting. The interactivity in the learning processes can be achieved through each of the following methods:

  • 360 photos
  • 360 videos
  • Interactive virtual reality (VR)
  • Facial recognition
  • Student trainer interactivity
  • Powerpoint
  • Search engine

This stage also includes active participation in social learning networks and activities. This stage can also include the use of Artificial Intelligence, Virtual reality, gamification and other technological advancements.

Please note: There are many other stages that organisations provide for their learners. These include self-paced courses, self-directed learning, assessment-based courses, blended theory and practice courses, etc.

This continuum can be used in different ways to help learners through the specific phases and stages – knowledge transfer, informal learning and formal learning. Training organisations often help learners during these phases by providing content support to help them in the knowledge transfer phase. They also provide feedback and coaching for informal learner interactions and they have assigned mentors or experts who can provide guidance in the formal learner interaction phase.

Synchronous and asynchronous learning environments

Training organisations are getting more creative when it comes to how they help learners. They are working to find techniques, technologies and tools that can include both synchronous and asynchronous learning.

The online learning experience has evolved over the years. The tools used in the past, like e-learning websites, have been replaced by newer technologies that allow for richer experiences for learners – both synchronous and asynchronous ones.

Synchronous learning is an environment in which learners are in the same physical or virtual space at the same time. This includes learning through group discussions, lectures, webinars, etc. One of the main benefits of this type of learning is that it provides opportunities for in-person collaboration and interactions. Synchronous learning can also refer to the traditional classroom setting (face-to-face interaction with a trainer or teaching assistant) where learners are required to attend class in person. In an asynchronous learning environment – as the name suggests – students work together in pairs or groups to receive instruction from one source.

Synchronous learning environments provide opportunities for better relationships between learners and instructors. Synchronous learning is often used in vocational education and training and higher education sectors because it is good for student engagement and relationships which is important to ensure that students come back to training organisations.

Asynchronous learning refers to a different kind of online environment where students are expected to participate remotely, they access instructional learning and training materials each week at any time that best suits them and they do not log in and participate in webinars or class sessions at a specific time each week. Learners have their individualised lesson plans and they interact with other learners and training staff not at all or only for a limited period of time such as asking questions through emails or messages.

Asynchronous environments offer freedom of choice when it comes to when learners can interact with others so they can learn when they want or need to, which can help them complete their studies more quickly. This environment also helps them to learn in different ways depending on how they learn best so they don’t feel overwhelmed by having too much information at a training session or too little information that they feel bored and detached from the learning environment and processes.


The most significant distinction between asynchronous and synchronous learning is the presence of a live instruction component that occurs at a predetermined time.


The difference between synchronous and asynchronous learning environments comes down to when learners complete their tasks. If they are completed during synchronous activities, they are done simultaneously without any interruption from outside forces. If they are completed during asynchronous activities, there are interruptions from time to time which could be due to external factors or individual factors such as someone being distracted or busy with something else.

You can include both synchronous and asynchronous learning through including:

  • Flipped classrooms
  • MOOCs
  • Providing opportunities for learners to attend classes from anywhere
  • Communicate regularly with instructors
  • Providing access to platforms where people have the opportunity to make connections with other learners
  • Providing access to online discussion forums where students can read the discussions and also have the opportunity to participate in the discussion forums as well.