Conducting validation in your training organisation

 What is validation?

Explanation: Checking that the assessment tools, methods, judgement, 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 and

  • Whether the requirements of the Training Package or accredited course have been met.

Typical benchmarks used during the validation process include:

  • National training package 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 which 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 to candidates, assessors and third parties

  • The legislation is relevant to the assessment such as privacy, health and safety, and anti-discrimination, copyright law and so on.

 

The outcome may include making recommendations for improvements to the assessment tool/assessment processes/ assessment methods or assessment products.

What are the timing and occurrence for validation to occur 

Validation can occur before, during or after an assessment is conducted. Validation can be pre-assessment validation or post-assessment validation. Validation is ongoing.

What is the primary purpose of conducting validation? 

The primary purpose to conduct validation is “continuous improvement” so that you can provide training and assessment that meets industry expectations, regulatory guidelines but most importantly training package requirements and assessment and learner resources do not negatively affect your audit outcomes. 

Issues that may negatively affect your audit:

  • Your assessment does not address all requirements of the packaging rules

  • You do not gather sufficient valid evidence for competency assessment

  • inappropriate or lack of simulated environments

  • The authenticity of assessment, particularly in the distance and online delivery.

It is vital that RTOs undertake their validation and moderation process as it is a crucial part of meeting learner’s needs and quality assurance requirements of Standard 1 and 2 of the Standards for RTOs 2015.

In meeting student’s needs and the quality assurance, RTOs are too bound by Clauses 1.9 – 1.11 of the Standards for RTOs 2015:

Clause 1.9 (Validation)

‘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 requires:

  • Each training product is validated at least once every five years,

  • At least 50% of products validated within the first three years of each five-year cycle.

Clause 1.11 requires:

Validation is undertaken by one or more persons who are not directly involved in the delivery and assessment of the training product being validated,

who collectively have:

  1. current Certificate IV in Training and Assessment

  2. vocational competencies and current industry skills relevant to the assessment being validated;

  3. current knowledge and skills in vocational teaching and learning; and

  4. Industry experts may be involved to ensure there is the combination of expertise set out in (a) to (c) above.

Why do you need us to conduct independent validation?

We provide this service to RTO’s, TAFE’s and other educational institutions. In some cases, we have found that the validation process is non-compliant. Our experience has shown that RTOs do not comply because they do not address all requirements of the packaging rules, do not gather sufficient valid evidence for competency assessment, they do not have complaint learning and assessment resources and lack authentic assessment, particularly in the distance and online delivery.

Important information if you deliver any AQF qualification or assessor skill set from the Training and Education Training Package:

From 1 January 2016, to deliver any AQF qualification or assessor skill set from the Training and Education Training Package (or its successor), your RTO must have undergone an independent validation of its assessment system, tools, processes and outcomes in accordance with the requirements contained in Schedule 2 (and the definitions of independent validation and validation).

What we will provide/do for you

We will:​

  1. Meet with you to discuss your specific requirements and needs

  2. Scope what you need to do and recommend a path forward

  3. Provide qualified industry specific validation and moderation experts

  4. Work with you to ensure your assessment system, processes, materials and practices produce valid assessment judgements

  5. Develop or assist you in writing and implementing your quality policies and procedures

  6. Develop a timetable for validating all your training products

  7. Lead or participate in your validation team OR undertake your assessment validation on our own (depending on your requirements)

  8. Work out a statistically valid sample size for your Post-Assessment Validation

  9. Recommend future improvements for your training products, systems and procedures.

  10. Provide a report for you detailing the above.

If you would like us to administer and manage the process for you, we will:

  • Ensure compliance in every aspect of your validation and moderation process

  • Assess your registered qualifications and the associated assessments for validation and moderation purposes  

  • Develop a five (5) year validations and moderation timetable

  • Recommend a sample size

  • Prepare all documentation for distribution to participants

  • Prepare all record keeping documentation

  • Hold and moderate the meeting/s

  • Provide a report for you detailing the above  

*Only available in some industries where we have access to qualified and experienced trainers/assessors in the relevant industry.  

Until 1 December 2019 we are offering 50% off on our resource validation package. We can identify any gaps in your training and assessment resources, suggest ways to fill them, or fill them for you. 

For more information, please contact us at 1800 266 160 or via email to info@caqa.com.au

No Regulation or Bad Regulation – has ASQA failed as a VET Regulator?

We are starting this article by quoting the now very famous speech of MP   Laming in the Australian Parliament: I rise after a nationwide investigation into the performance of ASQA … This is not just a domestic issue; this is about brand Australia … This aggressive and adversarial conduct is an enormous concern”.

The full speech available here:

https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?bid=chamber/hansardr/c53753a5-4ecd-4871-a577-d7549f791ed2/&sid=0253 

It is  of great concern when the chair of a federal parliamentary committee launches an extraordinary attack on the Australian Skills Quality Authority (ASQA), claiming “its audit activity is being misused to damage and, ultimately, wipe out some private training colleges and that the regulatory body is not currently focused on outcomes but rather administrative processes and  although these are an extremely important part of any RTO’s system, the idea of what the VET sector is all about quality training focusing on the student, leaves people asking the question, what happened?

Unrealistic expectations of the VET regulator 

This is one of the most common issues, we have been told by industry representatives, training providers and other stakeholders. Even the Small Business and Family Enterprise Ombudsman (ASBFEO) has discussed this in one of the recent events organised by Independent Tertiary Education Council Australia (ITECA) “From my perspective that’s not good enough”.

Courtesy: ASBFEO.

Auditors unreasonable demands and expectations at the time of the audit 

Professional judgement is a complex issue in audit and its process is influenced by a number of critical factors. However, auditors must avoid unprofessional and unethical conduct during the audits.

Auditors must conduct audits to review the systems and processes according to a set agenda and framework.   One of the most common feedback from the private sector is unprofessional and unethical behaviour from the auditors. The manner in which some of these officers interact with training organisation representatives has been explained as simply “bullying or harassment”. One of the RTO representatives commented on ASQA auditors demands and expectations as:

“The auditor was putting unnecessary demands and pressure on me,  asking me to print everything in hard copy when it was given to her as a softcopy on a USB. She kept on pressuring that she wants to see the hard-copy documents in 1 to 2 minutes until I had to step up and say, “It takes me 2-3 minutes for me to go to my desk from the board room and then another 2-3 minute to print the document, how can I provide you with the requested copies in 1-2 minutes”

Chasing an ever-changing goal post 

Training organisations are currently chasing an ever-changing goal post.

The State, Territory and Commonwealth Governments have collectively made 465 major reforms in the VET sector in the past 21 years. More information is available here https://www.voced.edu.au/vet-knowledge-bank-timeline-australian-vet-policy-initiatives

This means one major reform every fortnight, every year, for more than two decades. This figure does not include changes made in the International Education Sector.

How this is affecting Australian businesses providing training and education to students? How many more reforms or changes should the VET sector expect? Every time a regulatory framework changes, there is talk about reducing the red tape and getting a better, quality, effective training system in place.

Are these changes causing more reputation damage to the VET brand? Who has made these policy decisions and how many of the decision makers have actually been employed or worked in the vocational education and training sector? How can organisations deliver quality if they do not get the required time to effectively implement and consolidate?

Approving organisations only to close them down later 

A number of training organisations that were recently approved by Australian Skills Quality Authority are currently going through audits.  The audits are called when they are applying to add courses to their scope or are post-initial audits. The problem is not that they are going through audits within the 12 month period, the concern is that the majority of these are being shut down by ASQA on the use of assessment materials, marketing practices, training and assessment strategies etc and other documents that ASQA reviewed and approved 12 months earlier or less.

Where is the consistency? What kind of regulatory body does this?

“We have never cancelled or suspended an RTO for administrivia” says Mark Paterson AO, Chief Commissioner of ASQA. How does Mark Paterson reconcile this with overturning 50% of the cancellation decisions when he reviews them (generally within 6 months of the original decision).

A solicitor has openly in a public forum questioned the practice:

“The overwhelming number of adverse decisions following audits are currently being signed by the Chief Commissioner or 2 Commissioners thereby depriving RTOs from applying for further reconsideration/reassessment internally.  This might explain, in part, why there has been such a drastic increase in cancellation decisions based on what many RTOs (and their advisers) consider to be less than serious non-compliances.

The interesting question is why almost all adverse decisions (that we are seeing at least) are being signed by the Chief Commissioner or 2 Commissioners directly following an audit.  There could be a reasonable explanation for this. However, the effect of this approach is that fewer RTOs are able to achieve compliance through internal reassessments/reconsiderations and therefore their registrations are cancelled upon signature of the Chief Commissioner or 2 Commissioners.

Engagement of the auditors 

Unfortunately, the regulatory body has moved away from recruiting officers that have a background in the education sector or even relevant industry experience to be able to effectively audit training organisations.

Questions have to be asked with regards to how auditors are selected and engaged by ASQA.

ASQA hire Lead Regulatory Officers to lead and supervise audit teams; make recommendations about RTOs compliance; make recommendations for Commissioners. Successful applicants are not required to hold legislated mandatory qualifications.

What process does ASQA use to put regulatory staff through their qualifications? According to AQF guidelines, Certificate IV and Diploma require a minimum of 1.5 years/1800 hours, up to 4 years in total/4800 hours to complete. So, does that mean that ASQA staff receive 4 years of training before they are in a position to recommend the shutting down of Australian companies? Who issues the qualifications?

 

When Mark Paterson AO commented on the first-ever strategic review as Chief Commissioner “a review of issues relating to unduly short training” did anyone review ASQA’s own recruitment practices or compliance with the Australian Qualifications Framework (AQF) and other relevant guidelines?

Question regarding independence of ASQA’s Governance, Policy and Quality team

How many complaints against ASQA, its conduct and officers have been lodged since 2011? How many decisions were investigated and what actions were taken against the officers who conducted malpractice and were in conflict of interest situations?

There seems to be a significant disconnect between the lived experience of training providers and the messages that come out of ASQA and its auditors and officers. Where is the breakdown occurring? Who audits the auditors and officers?

Outcomes of the expert reports

Professor Valerie Braithwaite’s review of Vocational Education and Training Sector

The National Vocational Education and Training Regulator Act (the NVETR Act) of 2011 was requested to be reviewed by Canberra-based academic Valerie Braithwaite in 2017. This act “underpins the operations and activities of the Australian Skills Quality Authority (ASQA).” The report was submitted on January 2018 with 23 recommendations to the Government.

It is accessible here: All eyes on quality: Review of the National Vocational Education and Training Regulator Act 2011 report https://docs.education.gov.au/node/50866

The following items were identified and reported as part of the review process:

Concerns about the compliance burden on RTOs, the inconsistency of audits and auditors, the difficulty in making sense of ASQA’s regulatory approach, and a disconnect from what RTOs considered important for regulation of the sector. In short, ASQA’s regulatory task is made more difficult and the sector’s anxieties are increased by a lack of supportive regulatory conversations.

“ASQA [has an opportunity] to sophisticate its use of strengths-based regulation, in particular praise for RTOs that have done things well, while also improving the use of a more iterative and educational approach with those at risk, when it is within the capacity of the RTO to mitigate those risks.”

“Deepening VET professionalisation and the commitment of the teaching workforce to continuous improvement in the quality of teaching and learning are … imperative.”

“the legislative framework be revised to require an RTO to assess the quality of its teaching workforce and develop teacher quality improvement actions, which must be submitted to ASQA annually as a part of the Quality Indicator Annual Summary report.”

Reference:

https://docs.education.gov.au/system/files/doc/other/all_eyes_on_quality_-_review_of_the_nvetr_act_2011_report.pdf

The Strengthening Skills : review conducted by Steven Joyce, former New Zealand Minister for Tertiary Education, Skills and EmploymentOn

28 November 2018, the Australian Government announced an independent review of the VET sector.

  • The Commonwealth and the States and Territories to confirm their support for the Australian Skills Quality Authority as the single national regulator to provide consistent quality assurance to the vocational education sector.

  • There is a lack of trust in the sector, mainly owing to the reputational issues but also over the quality of private operators.

  • Mr Joyce recommended benchmark hours be set by ASQA, initially just for “high-risk” qualifications but eventually for all courses.

Reference:

https://www.pmc.gov.au/sites/default/files/publications/strengthening-skills-independent-review-australia-vets_1.pdf

The confidence of training providers with the Australian Skills Quality Authority (ASQA)

What kind of confidence can industry have in the practices of a regulatory body whose affirmed decision ratio in the Administrative Appeals Tribunal is one in twenty-two cases? Out of 446 applications to tribunals or courts seeking review of ASQA decisions between 1 July 2011 and 31 March 2019 are as follows:

  • Resolved between the applicant and ASQA = 52.0%

  • Dismissed by the Court or Tribunal = 11.4%

  • ASQA’s decision affirmed = 4.5%

  • ASQA’s decisions set aside = 1.8%

What is the role of the regulatory body?

If we look into the Section 2A Objects of the Act:

The objects of this Act are:

(a)  to provide for national consistency in the regulation of vocational education and training (VET); and
(b)  to regulate VET using:
(i)  a standards‑based quality framework; and
(ii)  risk assessments, where appropriate; and
(c)  to protect and enhance:
(i)  quality, flexibility and innovation in VET; and
(ii)  Australia’s reputation for VET nationally and internationally; and
(d)  to provide a regulatory framework that encourages and promotes a VET system that is appropriate to meet Australia’s social and economic needs for a highly educated and skilled population; and
(e)  to protect students undertaking, or proposing to undertake, Australian VET by ensuring the provision of quality VET; and
(f)  to facilitate access to accurate information relating to the quality of VET.

A common misconception in the industry is that ASQA exists to protect and promote quality in the sector, however, the act clearly outlines, it exists to protect and enhance quality, it exists to provide national consistency in its decisions, it exists to encourage and promote a VET system that provides quality, flexibility and innovation.

Is this really happening?

ASQA has obligations to be consistent irrespective of whether they are regulating a public education provider or a private education provider. The legislation does not differentiate between the two. Australians need confidence that the regulation of Vocational Education and Training sector is effective, evidence-based, comprehensive, consistent and coherent.

 Overall, as industry representatives and stakeholders we are all interested in getting the following information from the VET regulatory body:

Please note: This is not a comprehensive list, many more could be added.

Support and information for training organisations 

  1. What support is ASQA providing to training organisations? It is clearly stated in email templates and verbally, that ASQA is “not a consultancy firm but a regulator”. So, let’s discuss what the role of a regulator in the education and training sector is.  Is it  to provide the required assistance for businesses to be successful, student-focused and quality education and training providers?

  2. Who audits ASQA’s website? When is the information published reviewed? It is full of contradictions, errors and conflicting information. Who ensures the content and information ASQA has on its website aligns with the regulatory standards and legislative instruments. Let’s look at one critical example:

Validation requirements for training organisations explained in ASQA’s frequently asked questions:

How many units per qualification should be validated?

At least two units from each qualification must be validated; however, your RTO may choose to validate more if validation of the two units identifies risks or a potential harm to learners who may not have met the required assessment outcomes, inconsistent assessment judgements have been made by assessors or assessment has not been conducted in accordance with the Principles of Assessment or the Rules of Evidence.

WIll this meet legislative requirements? Let’s now look into what is the requirement under the standards.

Clause 1.10

“each training product is validated at least once every five years, with at least 50 percent 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.”

So, how will 50% of training products be validated in three years if a qualification has for e.g.  22 units and you validate 2 units based upon the advice of the VET Regulatory Body?

ASQA Audits 

  1. What kind of rigour is used to review the documents and information provided to ASQA during the audits? Who checks the documents during the desk audit? Are these auditor or ASQA officers making the decisions? What checklists or criteria do they have to check the information?

  2. There was a case where ASQA officers could not read the name of the RTO staff from their own audit report and internal documents and refused an RTO application. How this is possible? What actions have been taken to ensure this doesn’t happen again?

  3. How can ASQA review the documents of an organisation, find them compliant in writing, approve them for providing training and then six months later, after the initial audit, shut them down or use sanctions to disadvantage the RTO? How can that be possible? If ASQA made a mistake at initial audit then who should be held responsible? If ASQA made mistakes at following audits then where is the consistency in the system?

Rectifications and reconsideration 

  1. Why is ASQA is relying on AAT to solve the problems using valuable tax payer money? Take into consideration the number of decisions that have been resolved between the training organisation and ASQA, set aside or affirmed each year?

  2. Why have rectifications and reconsiderations no longer been allowed? Especially when there are a number of conciliation and reconciliation meetings that happen during the Administrative Appeals Tribunal process. Is this process put in place to drain training organisations financially and emotionally?

Conflict of Interest 

  1. How can an auditor, who is representing a Government body, not a private regulatory body, be allowed to work in an organisation they have been auditing after only six month gap?

  2. How can consultants be allowed to become auditors and then again go back to work as consultants in the sector and then again be engaged by ASQA?

  3. If there is a “fit and proper person requirements” for training representatives and high managerial agents, what requirements are applicable for ASQA officers and auditors? A number of these officers have been part of training organisations, either as consultants or employees, that have been closed down and had critical non-compliances and unfavorable compliance outcomes.

  4. Why are government officers allowed to provide consultancy services to RTOs? WHen and where do we draw the line for a conflict of interest?

ASQA Audit Practices 

  1. Why does ASQA not allow its audits to be recorded? If audits are conducted in a compliant professional manner then what is the problem? We strongly encourage all audits be allowed to be recorded.

  2. Why are comments outside of the scope of audit allowed to be made during audits?

  3. How is ASQA ensuring procedural fairness and transparency in its decisions?

  4. What risk management approach is ASQA using? After eight years, it appears that the core issues of the VET training system have still not been solved.

  5. Why there is no consistency, parameters and timelines in terms of when training representatives are audited and provided with audit reports?

  6. Are ASQA audit practices auditor-centred, rather than system-centred? Are auditors auditing outside the regulatory framework and guidelines?

Audit Reporting 

  1. Why are all audit reports not available on ASQA’s website?

Privacy and confidentiality 

  1. Why is ASQA allowed to circulate incorrect information and documents about consultants and RTO staff in the sector is direct conflict with privacy and confidentiality laws?

ASQA’s Regulatory Strategy 2019–21

Highlights:
 The strategy identifies two target areas and five strategic initiatives

  • Target area 1: Trainer and assessor capability, identified as a critical concern for the VET Sector in three consecutive years (2016-17, 2017-18 and 2018 -2020)
  • Target area 2: VET in Schools
  • Strategic Initiative 1: Recognising and supporting quality in the VET sector
  • Strategic Initiative 2: Australia’s international education sector
  • Strategic Initiative 3: Strengthening registration requirements
  • Strategic Initiative 4: Training products of concern  
  • Strategic Initiative 5: Standards of concern

The Australian Skills Quality Authority (ASQA), as the national regulator of vocational education and training (VET) and certain English Language Intensive Courses for Overseas Students (ELICOS) programs has released its regulatory strategy 2019-2021. The strategy is designed to address several critical issues in the Australian education and training sector. The target areas and strategic initiatives outlined in the Regulatory Strategy continues the work identified in previous years to address key systemic challenges in the VET and CRICOS sectors, including trainer and assessor capability, protecting Australia’s quality international education and training, and strengthening registration requirements.
Target area – 1: Trainers and assessors’ capability
Trainers and assessors must demonstrate compliance with Clauses 1.13, 1.14, 1.15, 1.18, 1.23 and 1.24 of the Standards for Registered Training Organisations (RTOs) 2015.  Read more about demonstrating compliance with these requirements from the links below:
Your Trainer and Assessor Files Clause 1.13 & 1.16 (Series)
https://www.caqa.com.au/single-post/2018/11/05/Your-trainer-and-assessor-files-Part-1-of-5
https://www.caqa.com.au/single-post/2019/04/10/Your-trainer-and-assessor-files-Part-2-of-5
https://www.caqa.com.au/single-post/2019/05/06/Your-trainer-and-assessor-files-Part-3-of-5
https://www.caqa.com.au/single-post/2019/05/28/Your-trainer-and-assessor-files-Part-4-of-5
https://www.caqa.com.au/single-post/2019/07/04/Your-trainer-and-assessor-files-Part-5-of-5
We will address the following requirements of clauses 1.14, 1.15, 1.18, 1.23 & 1.24 for providers to ensure that trainers and assessors delivering training and assessment, supervising those delivering training and assessment, or validating assessment practices, hold the appropriate credentials identified in Schedule 1 of the Standards for RTOs in our upcoming articles.
ASQA has acknowledged the concerns of stakeholders that the TAE40116 Certificate IV in Training and Assessment. It has been found that is does not produce quality trainers and assessors. The requirements of the qualification could be too onerous or a deterrent to potential trainers and assessors with relevant skills and industry experience. ASQA will, therefore, undertake a review in partnership with the Department of Employment, Skills, Small and Family Business.
Target area – 2: VET in Schools
This is a new target area in ASQA’s latest regulatory strategy.  In recent years, the closure of several providers with large numbers of VET in schools’ enrolments has highlighted key risks in relation to VET delivered in schools, including:

  • The provision of accurate information to support students in making an informed decision to enrol in a VET program.
  • Ensuring teachers/trainers and assessors delivering the program are appropriately qualified.
  • Alignment between training and assessment delivery and the requirements of the relevant training package.
  • Availability of sufficient learning and assessment resources to support students.
  • Timely certification of students on completion of their training.
  • Adequacy of partnering arrangements.

ASQA is writing to the relevant education and training authorities in each state and territory to provide advice about the risks identified through recent regulatory activity concerning VET in schools. This communication will inform their oversight of arrangements within their jurisdiction.
ASQA will, in consultation with other regulators and all state and territory governments, undertake a scoping study to:

  • Further clarify the key risks associated with VET delivered in secondary schools, and understand how these risks interact with the delivery models in each jurisdiction
  • Research the delivery and quality assurance of VET for secondary school students in other countries
  • Analyse the findings of existing research and reviews
  • Provide further advice to all state and territory Ministers with responsibilities for education and training concerning the risks identified through recent audits of RTOs delivering VET in secondary schools
  • Consider whether a regulatory response and/or further work is required, including a potential strategic review into VET delivered in secondary schools.

Strategic initiatives 2019–21
ASQA has identified the following five strategic initiatives:

  • Recognising and supporting quality in the VET Sector
  • Australia’s international education sector
  • Strengthening registration requirements
  • Training products of concern
  • Standards of concern

Strategic Initiative 1: Recognising and supporting quality in the VET sector
ASQA’s Recognising and supporting quality in the VET sector initiative was announced as part of the Regulatory Strategy 2017–18.
ASQA is currently undertaking the following initiatives to recognise and support quality within its existing budget:

  • revision of the Regulatory Risk Framework and Regulatory Principles
  • continuation of ASQA’s education and information activities, implementing more positive messaging
  • clarification of regulatory policies and processes relating to delegations and registration periods
  • review of the publication of regulatory decisions on the ASQA website.

ASQA will work with the Department of Employment, Skills, Small and Family Business and the Minister for Employment, Skills, Small and Family Business to further develop ways to recognise and support quality in the VET sector. This work will be undertaken in light of the Australian Government’s response to the NVR Act review and more recent policy analysis work arising from the Joyce review.
Strategic Initiative 2: Australia’s international education sector
The following areas will be ASQA’s main focus:

  • Student non-attendance
  • Enrolment growth
  • English-language capabilities
  • Education agents
  • Students transfers between providers
  • Providers with multiple operations
  • Provider Registration and International Student Management System (PRISMS) data issues
  • Assessing the compliance of VET providers operating in key offshore markets, including in China
  • 100% online delivery to international students especially offshore
  • Assessment-only services in foreign countries

ASQA is currently expanding the existing information-sharing protocols with state and territory governments to include agencies with responsibility for international education and establish an agreement with Austrade to facilitate the exchange of information in relation to CRICOS providers, overseas student issues and the delivery of VET offshore.
Strategic Initiative 3: Strengthening registration requirements
ASQA will continue to use the following parameters to scrutiny for new applicants to become an RTO or CRICOS provider:

  • shorter initial registration periods,
  • greater scrutiny on applicant’s readiness to provide quality training and assessment
  • financial Viability Risk Assessment
  • greater scrutiny on the suitability of people associated with the applicant to ensure they meet the Fit and Proper Person (FPP) requirements

ASQA is planning to change the processes that apply when the ownership of an RTO or CRICOS provider changes. ASQA intends to introduce revised change of ownership processes for when the majority ownership of an RTO or CRICOS provider changes.
Strategic Initiative 4: Training products of concern  
ASQA is actively monitoring providers with the following training products on their scope on the current strategic initiative:

  • CHC33015 Certificate III in Individual Support
  • CHC50113 Diploma of Early Childhood Education and Care
  • TAE40116 Certificate IV in Training and Assessment
  • CPCCWHS1001 Prepare to work safely in the construction industry
  • BSB50215 Diploma of Business

Strategic Initiative 5: Standards of concern
ASQA has identified the clauses mostly training organisations are likely to be at risk of non-compliance.
The standards of concern are:

  • 1.1; Have appropriate training and assessment strategies and practices, including amount of training
  • 1.2; Appropriate amount of training is provided, taking account of the skills, knowledge and experience of the learner and mode of delivery
  • 1.3; Have the resources to provide quality training and assessment – including sufficient training and assessors, learning resources, support services, equipment facilities.
  • 1.8; Implement effective assessment systems
  • 3.1; AQF Certification is issued only where the learner has been assessed as meeting the training product requirements

ASQA’s International Education Strategic Review identified the following standards of concern in the CRICOS sector:

  • 2; implement a process for assessing English language proficiency
  • 4; ensuring education agents act ethically, honestly and in the best interests of overseas students
  • 8; supporting overseas students to complete their course within the required duration by appropriately monitoring student progress and participation
  • 11; meeting the registration requirements for registration on CRICOS, including that the delivery of all courses is for a minimum of 20 course contact hours per week.

In 2019–21, ASQA will be enhancing its monitoring and use of PRISMS data to detect activity patterns and trends of interest. This approach makes it essential that providers are accurately recording relevant student information in PRISMS.
We are here to help!
We understand how difficult it is to be 100% compliant in all your RTO operations and systems. If you need any help, contact us today at info@caqa.com.au or 1800 266 160 and find out how we can support you.
You can read the complete regulatory strategy at:
https://www.asqa.gov.au/sites/default/files/asqa_regulatory_strategy_2019-21.pdf?v=1564961392  
The following courses are currently being monitored (if you want to know how many RTOs have been cancelled or suspended that have these courses on their scope, please visit here).
You need to ensure that you are using quality training and assessment resources. If you are uncertain of the quality of your resources, you need to validate and even better ask an expert to do a few units for you. We are happy to help you with your validation of training and assessment resources and we can also deliver professional development sessions for your staff members.
We have the following quality training and assessment resources available for purchase. Our September special will be a 20% discount on the following qualifications:

  1. CHC33015 Certificate III in Individual Support
  2. CHC30113 – Certificate III in Early Childhood Education and Care
  3. CHC50113 Diploma of Early Childhood Education and Care
  4. CPCCWHS1001 Prepare to work safely in the construction industry
  5. BSB50215 Diploma of Business

Email us on info@caqa.com.au to receive your 20% discount.

The VET regulator Australian Skills Quality Authority (ASQA) gone rogue

The national vocational education and training (VET) sector regulator Australian Skills Quality Authority (ASQA), has been criticised by the Chair of the House of Representatives Employment, Education and Training Committee, Andrew Laming, LNP (QLD) Member for Bowman in a hard-hitting speech to parliament. According to the Independent Tertiary Education Council Australia (ITECA), the peak body representing independent providers in the higher education, vocational education and training sector, the views of Mr Laming echo those of most quality independent providers in the VET sector. 

Andrew Laming MP has roasted ASQA as a ‘regulator gone rogue’ wielding bureaucratic power without apparent rhyme or reason. 

Mr Laming‘s speech canvassed the experience of many providers in dealing with ASQA. It highlighted how award-winning RTOs are being accused of failing to meet regulatory standards for minor technical breaches of the legislation or on matters that have no bearing on student quality such as the colour of a logo on a website.

ITECA encourages all with an interest in the challenges facing quality RTO‘s to listen to the speech. It was made in parliament on 31 July 2019 and can be found online at: https://www.youtube.com/watch?v=bNnwn5gY8OM&feature=youtu.be 

“The experience of many ITECA members can be found in Mr Laming’s comments. He‘s drawn attention to how ASQA‘s approach keeps good people running quality RTOs up at night,” said Troy Williams, ITECA Chief Executive.

Mr Laming‘s speech highlighted how many quality RTO‘s face the wrath of ASQA for compliance issues that have little to no outcome on the provision of quality providing of training to students.

“ITECA isn‘t calling for the regulatory system to be wound-back, simply that the approach of ASQA be modified to focus less on what Mr Laming correctly called administrivia,” Mr Williams said.

In his comments Mr Laming said “Every provider I spoke to said that if there were to be another provider engaged in fraud, mismanagement or irresponsible training practice of course they should be driven from the training system “. ITECA supports this view without qualification.

The work of ASQA was considered in the report Strengthening Skills: Expert Review of Australia’s Vocational Education and Training System authored by Mr Stephen Joyce and commissioned by the Australian Government. ITECA believes this report sets a roadmap for reform that will help quality RTOs.

“ITECA and our members are supportive of the board direction set out in the Joyce report and we‘re comforted by the engagement that we‘ve had at a Ministerial and departmental level to assist the government develop an appropriate response,” Mr Williams said.

Steven Joyce has delivered counter-punch speech regarding ASQA to the National AEN conference held on the Gold Coast. Steven Joyce was one of the most senior ministers in the John Key-led National Government in New Zealand. The Hon Steve Joyce had been appointed to undertake a review into the vocational education and training (VET) system. 

“It appears to me ASQA is increasingly using the AAT as a vehicle for extinguishing RTOs simply by legal costs and reputational damage and delay,” says Andrew Laming in the video link provided above. In what CEO of ITECA Troy Williams called ‘a perfectly sensible recommendation’, Steven Joyce has also called for ASQA to be subject to an independent review of its performance.  

Providing an overview of his independent review of the sector, Joyce stated the biggest issue appears to be a lack of confidence in the sector and a vast difference between what ASQA thinks is going on in the sector and what RTOs on the ground perceive to be the issues.

With a program of structured reform in place, Joyce advocates that there is a ‘massive opportunity for VET reform and apprenticeship growth’.

ASQA was also the subject of a lengthy critical article by consultant Claire Field (“VET regulation that’s clear as mud”) in The Australian on 7 August. She calls for “the publication of all ASQA audit reports … to allow the sector to confirm the veracity of auditors’ decisions and provide proof that ASQA’s audit practices are nationally consistent.” Ms Field also writes that, “Swift and genuine implementation of the other recommendations of the Braithwaite review is also urgently needed,” as well as “cultural change within ASQA.”

Your trainer and assessor files (Part 4 of 5)

In the last newsletter, we discussed the following:

  • ASQA Guidelines on “industry currency.”
  • How to stay up to date in terms of “industry currency.”
  • Factors that influence “industry currency.”
  • What is “industry current or currency period.”
  • The definition of vocational education and training currency.
  • Licensing requirements for trainers and assessors.

In part 4 of the series, we will discuss how to complete a compliant trainer matrix, trainer file and trainer files checklists.

Your RTO must maintain compliant and complete trainers and assessors file and records. It may take a substantial amount of time to develop a detailed staff matrix for the first time, but you will find it very useful to demonstrate compliance with the regulatory requirements after that.

The definition of a trainer matrix

The trainer matrix feature allows trainers and RTO administration to track and manage evidence that will support the requirements of vocational competencies, current industry skills, VET knowledge and skills and professional development (clauses 1.13 – 1.16 under Standards for RTOs 2015).

The trainer matrix, therefore, provides evidence of the qualifications and industry currency of trainers involved in program delivery, mapped to each unit they deliver and assess. A trainer’s matrix should be developed when a trainer is initially assigned to deliver and assess a unit/s. Existing trainer assigned should update their matrixes at least annually to record additional industry experience, trainer qualifications changes/upgrades and relevant professional development.  

ASQA Guidelines on “trainer matrix”:

There is no prescribed way of recording evidence of verification of trainer and assessor qualifications; this is an operational decision for each RTO. For example, RTO’s may choose to record the verification within their RTO’s trainer and assessor matrix. (FAQs https://www.asqa.gov.au/topic/trainers-and-assessors)

What must be included in a ”trainer’s matrix.”  

From the explanation above, it is evident that a skills matrix must include sufficient and unambiguous information:

(1) The document should be appropriately labelled and version controlled.

(2) The RTO’s name, code and contact details should be included

(3) Trainer name and contact details
 

(4) Department name and contact details, if applicable

(5) Information if it is for “initial registration or appointment as a trainer/assessor” or “annual update”.

(6) Information and details about the qualifications or unit/s of competency the trainer/assessor is training and/or assessing at the RTO.

(7) The Trainer/Assessor must include their work experience and qualifications that enable them to train and assess each unit of competency delivered. This information should be verified by bona fide qualification documentation, a resume, references and information which may be checked to confirm authenticity.   

  • Vocational competencies at least to the level being delivered and assessed;
  • Current industry skills directly relevant to the training and assessment being provided; and
  • Current knowledge and skills in vocational training and learning that informs their training and assessment

(8) You must record your vocational education and training (VET) work experience. Details and description of the duties, the name of the employer or organisation, the position held, and date/s and time worked.

(9) You must record your vocational education and training qualification and equivalence. Name of the course achieved, the institution from where it is obtained, and the dates received. This section can also be used for writing down other certificates and licenses obtained.

(10) You must record your training and assessment (TAE or equivalent) credentials and qualifications (according to clause 1.14 and clause 1.15). Please also include the following information:

Training and Assessment Credentials Required – Trainers

On or prior to 30 June 2019 (no equivalence)

  • TAE40110 or TAE40116* or
  • TAE40110 + one of the following Units of Competency: TAELLN401A/TAELLN411 and
  • one of the following Units of Competency: TAEASS502A/TAEASS502B/TAEASS502 or a diploma or higher-level qualification in adult education OR
  • Diploma related to adult education OR
  • Higher qualification in adult education

From 1 July 2019 (no equivalence)

  • TAE40116* or TAE40110 + one of the following Units of Competency: TAELLN401A/TAELLN411 and
  • one of the following Units of Competency: TAEASS502A/TAEASS502B/TAEASS502 or a diploma or higher-level qualification in adult education OR
  • Diploma related to adult education OR
  • Higher qualification in adult education

Training and Assessment Credentials Required – Assessors

On or prior to 30 June 2019 (no equivalence)

  • Assessor Skill Set (TAESS00001 or TAESS00011 Assessor Skill Set) or
  • TAE40110 or TAE40116* or
  • TAE40110 + one of the following Units of Competency: TAELLN401A/TAELLN411 and
  • one of the following Units of Competency: TAEASS502A/TAEASS502B/TAEASS502 or a diploma or higher-level qualification in adult education OR
  • Diploma related to adult education OR
  • Higher qualification in adult education

From 1 July 2019 (no equivalence)

  • Assessor Skill Set (TAESS00001 or TAESS00011 Assessor Skill Set) or
  • TAESS00001 plus one of the following Units of Competency: TAEASS502A/TAEASS502B/TAEASS502 or
  • TAE40116* or TAE40110 + one of the following Units of Competency: TAELLN401A/TAELLN411 and
  • one of the following Units of Competency: TAEASS502A/TAEASS502B/TAEASS502 or a diploma or higher level qualification in adult education OR
  • Diploma related to adult education OR
  • Higher qualification in adult education

You must, therefore, have a Training and Assessment Qualifications section on your skills matrix and options to select the checkboxes or let the Trainer/Assessor write the training and assessment qualification/s they have acquired.

(11) Provide details of how you meet the vocational competence requirements of each unit you are delivering or assessing. This may be through holding the same unit of competency, holding an older version of the same unit and verifying there are no gaps, holding an older version of the same unit and providing details of how gaps have been addressed, other formal qualifications, professional development activities, evidence from work in the industry, etc.

Please ensure all areas of the unit of competency are addressed through the evidence provided. Provide examples and explain each criterion to ensure you have addressed all areas of the unit of competency. If the units are not equivalent (e.g. a Statement of Attainment for the specific unit/course has not been submitted), a mapping document must be provided to demonstrate how the units have been mapped to ensure vocational competency. In some cases, such mapping document may be provided by the RTO.  

(12) You must have a section to comply with the professional development requirements mentioned under Vet Quality Framework (VQF) Reference: SRTO 1.16

Professional development means activities that develop and/or maintain an individual’s skills, knowledge, expertise and other characteristics as a trainer or assessor. This includes both formal and informal activities that encompass vocational competencies, the currency of industry skills and knowledge and practice of vocational training, learning and assessment, including competency-based training and assessment. Examples of professional development activities include:

  • participation in courses, workshops, seminars, conferences, or formal learning programs;
  • participation in mentoring, professional associations or other learning networks;
  • personal development through individual research or reading of publications or other relevant information;
  • participation in moderation or validation activities; and
  • participation in industry release schemes.

Identify any areas requiring professional development to address in the upcoming year. Where possible, identify where professional development may be undertaken. Once professional development has occurred, remove from this section and put the details in the appropriate sections of the skills matrix.

“The future professional development needs” must include the following professional development sessions:

  • Knowledge about the units of competency
  • Vocational training and learning knowledge
  • Industry currency
  • Assessment and/or learner resource validation
  • Competency-based training and assessment
  • E-learning/ technology and industry changes and their effect on VET training and assessment

(13) You must include the evidence of current knowledge and skills in vocational education and training to inform training and assessment practices (Vet Quality Framework Reference: SRTO 1.13c) The section may include the following fields: Activity, Organisation/person provided by, Dates Undertake, Time involved, Type of Activity, Knowledge or skills gained

(14) You must include a declaration and verification section to confirm that the information provided on the Trainer Matrix and any related documentation is true and accurate. You give permission to your employer to verify the accuracy of any information provided.

In short, a valid trainer matrix includes the following information:

  • Training Product/s delivered and/or assessed;
  • Mapping to the compliance and regulatory standards (Trainers and assessors’ clause 1.13 to 1.16 and Individuals working under the supervision of a trainer clause 1.17 to 1.20.);
  • Ongoing study towards completion of formal qualifications
  • PD and Industry currency in the last 12 months;
  • Employment history;
  • Positions held, employer, dates of employment;
  • Relevant industry experience/training;
  • Current appointments, memberships of professional/industry associations;
  • Professional development planned; and
  • Have a declaration and verification checklist   

It is also recommended that all resumes/CVs are verified for currency and authenticity through the undertaking of reference checks.

Who must complete the skills matrix in your RTO?

It is the responsibility of the trainer/assessor to confirm that the information presented in the skills matrix is complete, authentic and valid. Your organisation can follow a joint-effort to complete the skills matrix, where the administration or compliance department can develop the template, complete all training package criteria, and then you as a trainer and assessor review all information, fill in the gaps and ensure every statement is true, complete and valid.

The trainer file and checklist

An RTO must hold valid files for all Trainers and Assessors (this includes files for contractors and employees). A valid file includes the following information:

  • Compliance checklist
    • Trainer file checklist
  • Employment contract
    • A signed and dated copy of employment contract and offer letter
    • A signed copy of position description
  • CV/ Resume
    • A current copy of the trainer/assessor’s CV (usually updated on an annual basis)
  • Qualifications/ licenses/ checks
    • Evidence of vocational competencies
    • Evidence of industry currency
    • Evidence of VET currency
    • Training and assessment qualification
    • Vocational licenses/ tickets/ cards (as required)
    • National police clearance check
    • Working with children check
  • Performance management
    • Staff key performance indicators and appraisal (at least an annual basis)
    • Trainer observation forms (observation by RTO staff)
    • Trainer feedback forms (from students)
  • Induction
    • Staff induction checklist
    • Staff induction session
    • Staff handbook
  • Direct supervision
    • Direct supervision plan and documentation (as required)
  • HR/ Payroll/ Leave forms
    • Personal details form with bank details
    • Tax file declaration
    • Superannuation details
    • Business name confirmation (for contractors)
    • ABN and GST (for contractors)  
  • Insurances
    • Copy of professional indemnity insurance

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

  • 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.

You can purchase a trainer file kit (skills template, file checklist and other necessary forms such as induction, WHS etc.) at a special price of $250.00 (normally $650) by emailing info@caqa.com.au. Offer expires 30th June.

The Quality Indicator data

The Quality Indicators provide valuable data for RTOs to identify areas for improvement in training and assessment services and to gauge how well it is meeting its clients’ needs.

The Quality Indicator data that is collected will also be used by the registering body in its monitoring of the quality of the RTOs’ operations to minimise the risk of poor-quality performance having a negative impact on clients or the standing of the Australian VET system. As a result of this monitoring, each RTO will have a risk profile, which will contribute to decisions about the scheduling and scope of auditing.

Data collection is a prerequisite for further analysis and action. If data do not exist, there is a risk that there will be no evidence-based change taking place in the organisation. The level of risk can be measured by investigating the nature of any documented and implemented quality improvement strategies, the nature of any data collection systems and, if applicable, what data can be used to assure quality.

Registered training organisations (RTOs) are required to collect and report data on three quality indicators:

  • competency completion
  • learner engagement
  • employer satisfaction

Competency completion data is collected as part of the AVETMISS reporting.


The Quality Indicators (QIs) data helps RTOs with continuous quality improvement through evidence-based and outcomes-focused indicators.  They also allow you to assess the risk of your RTO’s operations. ​

Data for the previous year must be submitted by 30 June; otherwise your RTO’s risk rating and registration may be affected.

Learner and employer​​ surveys

Nationally consistent data allows for benchmarking and encourages RTOs to discuss ways to improve training and assessment with other training organisations. It also allows you to:

  • gauge how well you are meeting your client needs
  • develop relationships with key learner and employer stakeholders
  • identify areas for improvement in training and assessment

Feedback provides a valuable source of information that you can use to improve your RTO’s performance.

To ensure consistency, RTOs are required to use specific templates for learner and employer surveys.  The templates are available from the website of the respective regulatory body your RTO is registered under. This allows data collection for the learner engagement and employer satisfaction quality indicators. ​

ASQA Guidelines:

Submit your 2018 quality indicator data (Published on 16 April 2019. By ASQA.)  

All RTOs are required to submit their 2018 quality indicator data by 30 June 2019. You can do this by completing the form on ASQA’s website and emailing it to qidata@asqa.gov.au.

The purpose of quality indicator reporting is to provide ASQA with a summary report of your RTOs performance against the learner engagement and employer satisfaction quality indicators. These indicators focus on:

  • the extent to which learners engage in activities that are likely to promote high-quality skills outcomes
  • employer evaluation of the overall quality of an RTO’s training and assessment

RTOs must gather and analyse this data each year. You are required to use the Learner Questionnaire and Employer Questionnaire which can be found on ASQA’s website.

You are exempt from submitting a quality indicator data report if:

  • your RTO was granted initial registration either by ASQA or another registering body after 30 June 2018
  • your RTO did not provide any nationally recognised training or assessment services through the calendar year 2018 and you reported an AVETMISS Nil return for 2018.

More information on your quality indicator reporting obligation can be found here.

You can also find more information on your RTO obligations for 2019 and access the checklist here.

Reference:

Quality indicator reporting. (n.d.). Retrieved from https://www.asqa.gov.au/vet-registration/meet-data-provision-requirements/quality-indicator-reporting

Reporting on quality indicators. (n.d.). Retrieved from https://www.vrqa.vic.gov.au/VET/Pages/reporting-on-quality-indicators.aspx

Quality Indicators. (2018, 11). Retrieved from http://www.tac.wa.gov.au/registration/Reporting_requirements/Quality_indicators/Pages/default.aspx

Do not forget to lodge your quality indicator data by 30 June 2019. You must follow the requirements prescribed by your regulatory body to complete the reporting.

First aid training under review after the death of a footballer from heat stress

The Australian Skills Quality Authority (ASQA) urged registered training organisations (RTOs) that give first aid training to revise their practices in the wake of the decision of the West Australian coroner on the death of a young soccer player.

The coroner found that the 15-year-old died after heat stroke during a rugby-league session. He received first aid and was taken to the hospital by ambulance, where he died of multi-organ failure.

The coroner discovered that the boy might have survived if the first aid workers had been trained in heat stroke in line with recent developments. He also recommended that heat-related agencies that train first aid workers consider changing the content of the training.

ASQA states that RTOs should immediately review and ensure training is compatible with new heat stroke advice for sports trainers and coaches.

ASQA has also reminded trainers of the need to ensure that these learners have to demonstrate CPR on an adult resuscitation manikin on the floor and not at the table.

See  ASQA advice.

How to avoid becoming another ASQA statistic

There are currently 3837 RTOs in Australia, down from over 4,400 RTOs in October last year. If your ASQA audit is scheduled in the next 12 months we would strongly recommend that you conduct an internal audit to identify your compliance risks, The best way to prepare for an ASQA audit is to have an external compliance expert conduct your internal audit and have someone external provide an unbiased review of your practices and processes. Do not let your staff members talk you into a false sense of security. 

Without recent ASQA audit experience you will not have a full understanding of the details that your upcoming audit will include, and the evidence that you will need to provide. Many CEOs and General Managers do not have a full understanding of the level of compliance that is required with regards to training and assessment materials, student files, trainer matrixes, policies and procedures etc all which is getting picked to pieces. What used to be assessed as compliant two to three years ago does not have a chance of passing a current audit.

Call us now on 1800-266-160 to schedule an internal audit. We can guarantee that there will be things in your RTO that will need to change and be amended before your ASQA audit, so don’t waste any more time. Having your registration cancelled and taking matters to the AAT will cost a lot more than an internal audit.

Your trainer and assessor files (Part 3 of 5)

In the last newsletter we discussed the following:

  • The definition of vocational competency
  • ASQA Guidelines on “vocational competence”
  • The three C’s of Vocational competency related to demonstrating skills and knowledge in an “industry area”
  • Skills and knowledge in an “industry area”

In this part of the series, we will discuss industry currency, vocational education and training currency, licensing requirements and professional development requirements.

Your trainers and assessors must maintain industry currency to work as trainers and assessors in the vocational education and training sector.

The definition of industry currency

Industry currency and professional knowledge refers to the competence of an individual to perform their job role. The knowledge required in an occupation does not remain static, so employees need to continuously update their skills. As vocational education and training (VET) practitioners train the individuals entering these occupations, it is important for them to ensure that their industry knowledge and skills are current.

A clear and verified relationship between the trainer’s and assessor’s current industry skills and knowledge and the qualifications/units they deliver and assess must be established. This is to ensure the trainer and assessor has “current” knowledge and skills in terms of emerging technological innovations, regulatory and legislative changes and shifts in client demands. The industry usually does not use the term “Industry currency”.  For them it is either “professional competence” to encompass the concepts of currency, updating and upskilling or “industry relevance”, defining it as a solid grounding in the industry gained from being trained and employed in the industry.

ASQA Guidelines on “industry currency”:

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.

How to stay up-to-date in terms of “industry currency”

In many situations, trainers and assessors may be working in the industry sector and this can be used as evidence for industry currency. Where this is not the case, currency needs to be established through different mediums such as:

  • Attending trade events, workshops, conferences, technical seminars and other industrial events  
  • Reading industry magazines and journals (subscription and notes taken)
  • Undertaking online research (and have documented logs of these activities)
  • Engaging in industry networks
  • Participating in LinkedIn groups
  • Product manufacturer/vendor training  

Factors that influence “Industry currency”

  • Technology innovation
  • Changing legislation and regulatory requirements
  • Changes to industry practice
  • New and emerging skills and specialisations as work practices change
  • Technical skills being outdated through periods of non-use

What is “industry current or currency period”

Each RTO has to consider the relevant factors, ideally in consultation with industry, to determine an appropriate currency period. A lot will depend on how static the industry is or how fast it is developing and changing. In general anything that is 2 years old, or more will not be considered current.

The definition of vocational education and training currency

VET currency refers to the competence of an individual to work in the vocational education and training sector.

Current VET trainers/assessors must:

  • Develop knowledge and practice of vocational training and assessment, including competency based training and assessment competencies through continual professional development.
  • Undertake professional development that contributes to the demonstration of vocational training and learning requirements

How to stay up-to-date in terms of “VET currency”

  • Subscribing to VET and RTO newsletters and magazines. Make sure you keep a PD log of what you read, where you read it, what you learned and how you implemented the learning.
  • Participation in VET forums and discussions such as LinkedIn.
  • Participation in VET seminars, conferences and workshops (particularly the ones delivered by the regulatory bodies)
  • Enrolling in PD courses and workshops for RTO staff
  • Participation in resource writing and validation

Licensing requirements for trainers and assessors

If licensing requirements vary from the training package requirements, RTOs must ensure that all aspects of the training package are met. License requirements should be considered in addition to the requirements for the training package. For example, a white card is a mandatory work card required in Australia to be able to train and assess students working on a construction site.

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

  • Part 4: How to complete a compliant trainer matrix and trainer files checklists
  • 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.

Ways to make the vocational education system more effective

The review led by the Honourable Steven Joyce, the former Skills Minister in New Zealand, looked at ways to improve the effectiveness of the vocational education system in providing Australians with the skills they need throughout their working lives. The report is available at https://pmc.gov.au/sites/default/files/publications/strengthening-skills-independent-review-australia-vets.pdf.

Considering 192 valid submissions from individuals and organisations, the VET Review made a total of 71 recommendations centred around a six-point plan for change:

  • Strengthening quality assurance
  • Speeding up qualification development
  • Simpler funding and skills matching
  • Better careers information
  • Clearer secondary school pathways
  • Greater access for disadvantaged Australians

Steven Joyce proposes strengthening ASQA and quality assurance in the sector, pilot a new business-led model of Skills Organisations for qualification development, broaden work-based VET further into less traditional areas and “establishing a new National Skills Commission to start working with the States and Territories to develop a new nationally-consistent funding model based on a shared understanding of skills needs.”

For more information and to read the report, please visit theDepartment of the Prime Minister and Cabinet’s website.

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.

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.

Different phases of assessment and learner validation processes (Part 4 of 4)

This is Part 4 of the article, where we are discussing the different phases of the validation processes an RTO should be following to ensure they meet regulatory requirements and industry expectations.

In the previous articles, we discussed the following regarding the validation of assessment resources:

  • Explanation of assessment validation
  • Typical benchmarks used during the validation processes
  • Stages of validation (before, during and after the assessment judgements)
  • Regulatory requirements for conducting validation
  • Assessment systems
  • Who conducts validation?
  • How is validation different from moderation?
  • How external consultants can help you with validation of assessment and learner resources?
  • The regulatory requirements around validation of learner resources.

In this month’s article, we will explore the following:

  • Why do you need to keep validators information
  • Why validation of assessment and learner resources should be systematic and ongoing
  • How you can schedule validation
  • What is statistically valid sampling
  • Validation outcomes



Why do you need to keep validators information?

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 the who (needs to be included), when (what date and for how long), and what (which units is being validate, what information will be needed, from where are we getting it) the better your outcomes for your validation will be.

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 as 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.

Your trainer and assessor files (Part 1 of 5)

Compliance of your trainer records is a must for any Registered Training Organisation. If you do not know what you are looking for, you will always have difficulty finding it. The purpose of this article is to provide you with the required information and resources to ensure you can audit and review your trainer and assessor files to be compliant with the current regulatory requirements and standards.

Legislative and regulatory requirements:

Trainers and assessors must comply with the following SRTOs 2015 requirements:

  • Clauses 1.13 – 1.16
  • Trainers and assessors who deliver any Australian Qualifications Framework (AQF) qualification or skill set from the Training and Education Training Package (TAE10, TAE or its successor) are also required to meet additional requirements, outlined in Clauses 1.21 – 1.24.

Requirements for all trainers and assessors:

Trainers and assessors must meet the following criteria and guidelines:

  • the vocational competencies at least to the level being delivered and assessed
  • current industry skills directly relevant to the training and assessment being provided, and
  • current knowledge and skills in vocational training and learning that informs their training and assessment.

In addition, training and assessment may only be delivered by persons who have:

  • Certificate IV in Training and Assessment (TAE40110 or TAE40116), or its successor*, or
  • A diploma or higher level qualification in adult education.

Your RTO must also ensure that all trainers and assessors undertake professional development in the fields of:

  • knowledge and practice of vocational training, and
  • learning and assessment, including competency-based training and assessment.

Trainer’s CV

An RTO must hold valid files for all Trainers and Assessors (this includes files for contractors and employees). A valid file includes the following information:

  • A current copy of the trainer/assessor’s CV (usually updated on an annual basis)
  • The RTO’s name, the position title and a description of the job-role
  • Details about the vocational competencies that the trainer/assessor holds
  • Details about the vocational competencies that the trainer/assessor is delivering/assessing.
  • Information about industry currency and skills
  • List of VET professional development activities
  • Confirmation that it is a true and up-to-date copy of the CV (usually means the trainer/assessor initialling each page of the CV to confirm the accuracy of the information provided)
  • Signature and date of last update of the CV

It is also recommended that all resumes/CVs are verified for currency and authenticity through the undertaking of reference checks.

Reference:

Fact sheet—Meeting trainer and assessor requirements, published by ASQA https://www.asqa.gov.au/sites/g/files/net3521/f/FACT_SHEET_Meeting_trainer_and_assessor_requirements.pdf

(To be continued in the upcoming newsletter and blogs)

Private training colleges face too much scrutiny, says ACPET

Excessive scrutiny of detailed regulatory issues by the national skills regulator is forcing private colleges into legalistic compliance, according to the Australian Council for Private Education and Training (ACPET).

ACPET has called for a review of the quality standards for VET following the latest annual report of the Australian Skills Quality Authority.

Independent RTOs were unfairly depicted in the 2017-18 Australian Skills Quality Authority (ASQA) Annual Report released last week.

Peter McDonald, Acting Chief Executive Officer has discussed the following issues in ACPET’s Edition 782, 5 November 2018.

Mainstream media has once again sensationalised statistics produced by ASQA and re-published them without context, further diminishing the reputation of the independent training sector.

ACPET firmly believes that excessive scrutiny on minor details that have little to do with actual training is poor use of the regulator’s resources. It is the outcomes of these nominal requirements that are impacting independent providers overall audit results, and in turn bringing down the reputation of the entire sector.

Small administrative errors and gross deliberate acts of misconduct technically both result in the same outcome reporting: non-compliance. The facts that serious compliance breaches lead to de-registration and that the number of courses of action in this regard is in actuality small are being overlooked.

ACPET calls for perspective and responsible reporting and commentary – in all forms.

It is commonly thought among providers and sector experts that there is far too much focus on very small and often trivial levels of non-compliance.

ACPET champions quality in the education and training sector. Our Industry Certification Program and VET Practitioner Register products evidence that by no means do we think that this should be compromised. But, the regulator needs to be focusing on indicators that reflect quality outcomes. One could be forgiven for thinking that the ASQA auditors’ working brief is to find evidence of any shortcoming as opposed to systemic fault.

We acknowledge that the regulator is tasked with a difficult job and has made reasonable improvements to the risk-based assessment audit model. ACPET fully supports a market contested by only reputable providers. However, ACPET calls for ASQA to be flexible by using an approach that ensures teaching and student learning is providers’ focus. When providers are needing to employ administrators ahead of trainers and teachers, the sector has gotten it wrong.

ACPET members enjoy high completion rates and positive student outcomes, in general exemplifying high quality training. The regulator needs to catch up and evaluate what really matters, not minutiae.

Reference: https://www.acpet.edu.au/article/12418/when-does-a-statistic-become-a-lie/

The VET Sector Newsletter – Edition 1, April 2018

The official Newsletter from Compliance and Quality Assurance (CAQA)

OUR FIRST NEWSLETTER

By Anna Haranas

Welcome to The VET Sector, our official newsletter for the Australian VET education and training sector.

This monthly publication is an initiative of the team at Compliance And Quality Assurance (CAQA).

The newsletter will be a vehicle for news and views on the current vocational education and training issues. It will cover some of the fundamental VET concepts, provide a number of professional development opportunities and we aim to support everyone who is involved in the Australian vocational sector.

I look forward to hearing from you and your thoughts regarding our VET sector.

Write to me at info@caqa.com.au
or call on 1800-266-160

Anna Haranas
General Manager
Compliance and Quality Assurance (CAQA)

 

WHAT SHOULD OUR TRAINING AND ASSESSMENT STRATEGY INCLUDE?

By Sukh Sandhu and Anna Haranas

A training and assessment strategy is a roadmap to how your RTO will deliver quality training and assessment to your students.
It should be written in a clear, easy-to-follow and concise manner.
As a minimum you need to include the following information:

  • Qualification code and name
  • The mode of delivery
  • Characteristics of your learner cohort and explanation how their training needs will be met
  • Explanation of how training and assessment will take place (when, what, how and where)
  • Qualification packaging rules including elective and core units
  • Course aims and outcomes
  • Entry requirements set by the training package
  • Pre-requisite or co-requisite set by the training package
  • Admission requirements set by the RTO
  • Explanation of how the special needs and requirements of each learner will be addressed

 

“TASs are your roadmap to deliver quality training and assessment to your students.”

  • The pathway from (the course), the pathway into (the course) and employment pathways
  • Relevant entry and exit points
  • Industry consultation and how it has contributed to changes
  • Information about having sufficient trainers and assessors
  • Information about sufficient educational and support services to meet the needs of the learner cohort/s undertaking the training and assessment
  • Information about learning resources to enable learners to meet the requirements for each unit of competency, and which are accessible to the learner regardless of location or mode of delivery.
  • Information about sufficient facilities, whether physical or virtual and equipment to accommodate and support the number of learners undertaking the training and assessment.
  • Training plan covering the sequence and structure of training and assessment delivery
  • The delivery arrangement including types of assessment and teaching methods
  • Amount of training and AQF volume of learning for each learner cohort
  • Validation plan
  • Licensing requirements Would you like to check your TAS against this criteria?

Download our TAS checklist, here

How to handle stress at audit!

By Sukh Sandhu

  1. Be ready!
  2. Have all information handy
  3. Follow directions
  4. Listen carefully to the auditor
  5. Ask for clarification if you do not understand the question
  6. Work with the auditor
  7. Have realistic expectations
  8. Be respectful, the Auditor has a job to do
  9. Make sure you understand the framework
  10. Have support staff or consultants available to help you!

“How good are your communication skills?”

By Anna Haranas

In order to be good trainers, we need to be good communicators. The ability to communicate effectively is important in relationships, education, and at work. Here are some tips to remind you of good communication skills. Communication starts with building rapport with the receiver, your students. Building rapport and engaging with people takes practice and much of it is based on intuition. It’s about creating a bond, link, connection, and understanding, in order to get your students thinking, feeling, reacting, and involved: –

Be approachable: a nice, friendly, open nature will make you more approachable. Use the student’s name: take the time to listen and remember people’s names and use them in your interactions. People will appreciate you taking the time to learn their name and its use shows they are important to you
Stay upbeat: be known for your positive attitude and willingness to help others.
Communication is transmitting the correct message: written words e.g. in presentations and student manuals, nonverbal cues e.g. body language, and spoken words.
We need to practice good communication skills by;

  • Making eye contact -whether you are speaking or listening, looking into the eyes of the person/people can make the interaction more successful.

  • Using gestures by including your hands and face in face-to-face communications -using smaller gestures for individuals and small groups, with gestures getting larger with larger groups.

  • Be aware of what your body is saying -an open stance with arms relaxed at your sides indicates that you are approachable and open to questions or hearing what people have to say.

  • Develop effective listening skills -one must listen to the other person’s words and ask for clarifications or summarise back to them the important points, as you understand them. Avoid the impulse to listen only to the end of their sentence so that you can get out the ideas or memories in your mind while the other person is speaking.

  • Excellent trainers have an extensive knowledge and skill base, they take the time to build rapport, and they practice good communication and listening skills. If you want to be an expert trainer, you need to be effective at all points in the communication process.

HAVE YOU READ THIS? IF SO WHY NOT SAVE A COPY IN YOUR TRAINER FILE AS EVIDENCE OF PROFESSIONAL DEVELOPMENT

Updates from the Australian Skills Quality Authority

By Sukh Sandhu and Anna Haranas

 

ASQA’s updated statement on TAFE SA (RTO 41026)

The Australian Skills Quality Authority (ASQA) has announced that it will revoke its 1 December 2017 regulatory decision to suspend ten qualifications from the registration of TAFE SA (RTO ID 41026). ASQA has today issued TAFE SA with a written direction to rectify minor outstanding non-compliances in relation to its delivery of vocational education and training.

For more information

https://www.asqa.gov.au/newspublications/ news/updated-statement-tafe-sa-rto-41026

Upcoming events

If you have not booked your training session yet, you still have time. ASQA is running a number of face-to-face and online briefings during May and June.

For more Information, please visit

https://www.asqa.gov.au/news-publications/events

 

NVCER News

Improving the VET Student outcomes

VET student outcomes can be improved if training providers take a more regional approach to their course offerings and institutional learning support. Improving participation and success in VET for disadvantaged learners shows that VET providers who focus more on immediate regional needs can also help improve opportunities for disadvantaged Australians and their communities..

The report presents three main areas for training providers to consider when developing a successful regional approach, drawn from thirteen case studies where both participation and completion rates were high for disadvantaged learners.
The findings from this report have been included in another new release, From school to VET: choices, experiences, and outcomes, which brings together recent research and data to highlight the often complex issues school students face when transitioning into the VET system..
For more Information, please visit

https://www.ncver.edu.au/about/news-andevents/ media-releases/regional-approach-to-vetmay- improve-student-outcomes

 

Other Events and News

Professional Development Events by ACPET

Message from the AISC Chair – April 2018 
Copyright: changes to the Statutory Education Licence 

VET Industry News 11-Sep-2018

New course accreditation application lodgement fee

On 6 July 2018, ASQA introduced an application lodgement fee of $500 for all initial and renewal applications submitted for course accreditation by ASQA.

At time of lodgement, a completeness check of the application will be conducted to review:

  • Sufficiency of evidence demonstrating industry support
  • Sufficiency of evidence demonstrating an established need for the course to be nationally recognised
  • Evidence of consultation with the Skills Service Organisations
  • The course document has been developed in accordance with the requirements of the Standards for VET Accredited Courses 2012, including the units of competency against the Standards for Training Packages, and
  • All sections of the form completed and witnessed.

ASQA will provide written advice on the outcome of the completeness check.

Regulatory decisions update

ASQA has made recent regulatory decisions. Read them here

USI RTO Bulletin 10 – 31 August 2018

The Unique Student Identifer’s RTO Bulletin was released on 31 August 2018. Read more

Successful tuition protection program to expand

The Tuition Protection Service (TPS) will be expanded to protect VET Student Loans and non-university higher education FEE-HELP students from the closure of training facilities. Read more

TAFE welcomes new strong protection for students

TAFE Directors Australia (TDA) today welcomed the federal government’s decision to introduce a new scheme to ensure that students taking out loans for training and study can shift to a new provider if their current one shuts down. Read more

How does quality assurance differ from compliance (Part 3)

In this third and final part of our “compliance and quality assurance,” articles, we are continuing to discuss compliance and quality assurance requirements, standards, expectations and the differences between them. 

How does quality assurance differ from compliance?

It can be overwhelming trying to keep track of all your organisation’s compliance obligations. That’s why many businesses put programs in place to ensure they can meet their obligations and identify any potential breaches of law, regulations or standards. These programs are often called quality assurance or quality control.

Quality assurance may include documenting your RTO processes and practices, having a specific organisational structure, or putting in place policy framework that guides how your registered training organisation operates. These give your RTO a systematic approach to meeting its professional and legal obligations. 

While every business is different, there are some general standards that businesses can be certified in, as developed by the International Organisation for Standardisation (ISO). Although not always essential, following these ISO processes can bring trust and confidence to your staff and clients. 

Therefore, when differentiating between quality assurance and compliance, you can consider meeting VQF requirements to meet compliance needs and ISO to meet the quality needs of your organisation. 

Putting in place quality assurance measures can benefit your business by:

  • Ensuring you identify potential compliance issues and resolve them quickly
  • Reducing your risk of missing any compliance obligations
  • Improving how your RTO is run and giving your employees more certainty over how to do their job
  • Reducing your risk if your RTO is subject to any legal issues or claims
  • Increasing the efficiency of your RTO because you will be spending less time working out how to do things or fixing mistakes.

Quality assurance is part of running a well-managed registered training organisation.

Do I need to do both compliance and quality assurance?

Compliance is not something you can choose to do; it’s legally required by bodies like ASIC. While quality assurance is not demanded by law, it is good business practice to put programs in place to help you meet your compliance obligations and run your business. Sometimes, Industry stakeholders may even ask your RTO to have quality assurance programs in place.

ASQA Regulatory strategy 2016–17 and ASQA’s Regulatory Risk Framework

ASQA (Australian Skills Quality Authority), VET regulator has recently released its regulatory strategy for 2016-2017.  ASQA’s Regulatory Risk Framework, which is part of the published Regulatory Strategy outlines how ASQA fulfils its responsibility by managing risk on two levels:

  1. Operational (provider risk), and
  2. Strategic (systemic risk)

 

Provider risk continues to be a key focus in ASQA’s regulatory role. ASQA addresses this risk by using data and intelligence to identify and intervene with individual providers. ASQA primarily targets those providers that are exhibiting behaviours that pose significant risk to quality training and assessment.

Systemic risk is defined as any risk likely to exist across the sector or in a concerning proportion of providers. If left untreated, significant risks of this type can have a detrimental impact on the quality of training and assessment for individuals, industry and the wider community and may lead to loss of confidence in the sector.

The Regulatory Strategy 2016–17 focuses on ASQA’s approach to systemic risk. This regulatory strategy is informed by ASQA’s 2015 Environmental Scan, which has identified current and emerging risks through stakeholder consultation, market research and VET data analysis. ASQA has also considered recommendations from the Senate Standing Committee on Education and Employment1 when developing this strategy. In developing this strategy, ASQA has taken a best practice approach, by using evidence to identify the areas posing the highest systemic risk to Australia’s VET sector. While there are many issues that compete for ASQA’s VET regulation resources, this strategy focuses on the highest risk areas. Targeting systemic risks aims to maximise the positive impact of ASQA’s regulatory resources. The release of this document signals a significant step in the implementation of ASQA’s enhanced risk-based regulatory approach. As a modern risk-based regulator, ASQA will continue its environmental scanning to identify, monitor and evaluate newly emerging risks and communicate our systemic risk priorities to all stakeholders through the publication of an annual regulatory strategy.

The complexity of systemic risks often means that ASQA cannot address the issues alone and effective outcomes require collaboration with policy, funding and regulatory agencies.

Recognising this, in 2016–17 ASQA will focus on:

  • Strengthening collaboration and coordinating responses with state, territory and Australian Government funding, regulatory and program agencies. A risk-based approach requires agile regulatory responses to providers with poor compliance profile.

 

To address this, ASQA will also focus on:

  • Developing an enhanced regulatory approach that utilises a broader suite of regulatory tools to deal with providers. ASQA’s strategic reviews have been successful in investigating and defining the size, nature and causes of the problems in particular sectors. These reviews have produced recommendations for effectively targeting treatment of the VET problems in these industries (which include the childcare, aged care, equine and security industries).

 

As such, ASQA is

  • Continuing to work with its industry partners and other regulators to implement the recommendations from these reviews.

 

For more Information, please visit ASQA’s website http://www.asqa.gov.au/verve/_resources/ASQA_Regulatory_Strategy_2016-17.pdf

Heavy penalty for bogus qualification

A former trainer has been ordered to pay $120,000 for providing her employer with 11 bogus vocational education and training (VET) qualifications, providing another two bogus qualifications to a co-worker and submitting false qualifications to the national regulator as proof of her competency.

The Australian Skills Quality Authority (ASQA) successfully obtained declarations from the Federal Court that Synthia Dee M Restar of Beecroft, New South Wales, fabricated the qualifications in contravention of the National Vocational Education and Training Regulator Act 2011.

Between January 2012 and April 2014, Ms Restar fabricated qualifications in aged care, disability and business management in her own name and provided each to her employer as legitimate qualifications. She also provided three of the bogus qualifications to an ASQA auditor in support of an application to become a registered training organisation (RTO).

Ms Restar also fabricated two aged care qualifications for a co-worker and falsely represented those qualifications to be legitimate.

ASQA Chief Commissioner Chris Robinson said the bogus qualifications were uncovered during an ASQA investigation.

“As a result of this investigation, ASQA cancelled the registration of the RTO in question and used the powers available to it to pursue Ms Restar for her wrongdoing,” Mr Robinson said.

Mr Robinson said ASQA had been building its investigative capabilities during the past 18 months.

ASQA is determined to use the powers available to it to ensure learners are getting high quality training and assessment which provides them with the skills that employers are looking for.

The authority has close to 100 officers – including many with specialist investigative skills and experience – who are applying regulatory scrutiny to RTOs across Australia each and every day.

“ASQA will continue to target its resources at RTOs providing poor quality training and seek to remove them from the sector and, where appropriate, seek criminal or civil prosecutions.”

For more Information, visit ASQA’s website: http://www.asqa.gov.au/news/3083/heavy-penalty-for-bogus-qualification.html