The VET Sector - Edition 12

The VET Sector

THE OFFICIAL MAGAZINE FROM COMPLIANCE AND QUALITY ASSURANCE (CAQA)

ISSUE 12

The VET Sector

At CAQA we want to support you in your professional development by helping you understand the process of implementing the current regulatory requirements and standards. This will help you gain a greater understanding and remain compliant in VET. In this newsletter, we will continue to discuss trainer matrixes and in particular the vocational competency requirements. This is part 3 of 5 and if you missed the previous articles click here.

We are also continuing our series about internal audits and why they are important. This is part 4 of 5. If you would like a re-cap click here.

At CAQA Resources, our sister company to CAQA, we strive to create engaging learner resources with great content and compliant assessments. Our vision is to give trainers the best possible training and assessment tools so that they can concentrate on developing students into competent and confident graduates.

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The VET Sector 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.

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The VET Sector Your trainer and assessor files (Part 3 of 5) 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

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The VET Sector Your trainer and assessor files (Part 3 of 5) 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

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The VET Sector Your trainer and assessor files (Part 3 of 5) 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.

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The VET Sector How to avoid becoming another ASQA statistic

from over 4,400 RTOs in October last There are currently 3837 RTOs in Australia, down 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.

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The VET Sector Internal audits and why they are so important (Part 4 of 5)

In the first three parts of this series we discussed the following:

What are internal audits?

What are the benefits of conducting internal audits?

What is an audit scope?

What is usually included in an RTO internal audit?

Who can be an internal auditor?

Compliance costs and risks in terms of “risk management” The effective internal audit function The requirement of conducting internal audits The quality system of an RTO In this part, we will cover; Planning for an internal audit and considerations Planning for an internal audit requires a lot of work and considerations, such as: If you are using an external auditor for your internal audit, find a person who specialises in the area being audited. There is no point in paying for the services of an auditor who has no experience or qualifications in VET. It is also good practise to ask for references from other RTOs. Also keep in mind that if you are delivering qualifications that require additional auditing skills, like nursing qualifications, make sure that the auditor knows about ANMAC requirements. Additionally, if you are delivering qualifications that have licensing requirements, ensure your auditors knowledge is current.

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The VET Sector Internal audits and why they are so important (Part 4 of 5) Development of an internal audit schedule and/or audit plan is usually based on your educational organisation’s risk management plan. The internal audit schedule and/or audit plan which you will need to provide evidence against should include, but is not limited to, activities such as the following: Compliance with the pre-enrolment and enrolment requirements Marketing and advertising Third-party services Maintenance of trainer and assessor currency Assessment system Complaints and appeals Validation of assessment resources Management of continuous improvement Student support and welfare Industry engagement and consultation Fit and proper person requirements Financial viability Business planning and direction etc.

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The VET Sector Internal audits and why they are so important (Part 4 of 5)

Preparation of a plan that shows how your audit activities are systematic, independent and that you have a documented process for obtaining audit evidence.

Ensuring that the RTO’s Quality System and documentation is available for the audit, such as: The required policies and their accompanying procedures Forms, templates, checklists and flowcharts to support the implementation of policies and procedures Central registers to track and record your compliance activities A compliance matrix that maps how each policy, procedure, form, template etc is related to the Standards.

Continuous improvement processes and practices

Stay tuned for more… our coming newsletters will cover the following topics: Part 5: Conducting and recording an actual internal audit Special edition on frequently asked questions and answers on internal audits.

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The VET Sector 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/strengtheningskills-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 nationallyconsistent 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.

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The VET Sector 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”.

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The VET Sector Can I sue ASQA for damages?

(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.

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The VET Sector (b) CDDA Scheme

Can I sue ASQA for damages?

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.

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The VET Sector Can I sue ASQA for damages?

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.

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

ICT10115 Certificate I in Information, Digital Media and Technology ICT20115 - Certificate II in Information, Digital Media and Technology ICT40415 Certificate IV in Information Technology Networking ICT40115 Certificate IV in Information Technology ICT50115 Diploma of Information Technology ICT50415 Diploma of Information Technology Networking ICT60215 Advanced Diploma of Network Security Accounting resources We have developed these assessment resources for a number of TAFE’s and the resources are now available for your RTO. The list of qualifications includes the following: FNS30317 Certificate III in Accounts Administration FNS40217 Certificate IV in Accounting and Bookkeeping FNS50217 Diploma of Accounting FNS60217 Advanced Diploma of Accounting

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The VET Sector CAQA New Resources Community service resources Our community service assessment and learner resources have been developed by instructional designers and subject matter experts with extensive experience and background in the community service sector. All training and assessment resources are also internally and externally validated by compliance experts. The list of qualifications includes the following: CHC33015 Certificate III in Individual Support CHC43015 Certificate IV in Ageing Support CHC43115 Certificate IV in Disability CHC52015 Diploma of Community Services CHC62015 Advanced Diploma of Community Sector Management

RII - Resources and Infrastructure resources We have developed these assessment resources. The list of qualifications include the following: RII20715 Certificate II in Civil Construction RII30915 Certificate III in Civil Construction Coming soon HLT54115 - Diploma of Nursing (Available from mid-2019) - A number of units of competency are available to purchase from January 2019.

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The VET Sector In your RTO, you may require the following resources!

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

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The VET Sector LEARN FROM THE INDUSTRY LEADERS

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The VET Sector DO YOU NEED COMPLIANCE HELP?

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The VET Sector THE BEST RESOURCES IN THE MARKET

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The VET Sector

A plan for stronger Australia The Business Council of Australia has released a plan for stronger Australia.

Click here for more information The Independent Sector Offers Better Outcomes At A Lower Cost - ACPET The independent Vocational Education and Training (VET) sector is highly efficient.

Domestically, it costs the government $2,400 per student trained by independent VET providers compared to $5,500 per student trained by public TAFE colleges.

Click here for more information

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The VET Sector

The Education Services for Overseas Students (ESOS) Regulations 2019 change as from 1 Oct 2019 The Education Services for Overseas Students (ESOS) Regulations 2019 were re-made on 4 April 2019, to replace the ESOS Regulations 2001, and are due to take effect on 1 October 2019.

There will be some minor changes, which mean providers will need to enter some additional information on PRISMS from 1 October 2019, such as: information about education agents for every student enrolment; the date a student took an English language test, if the student was required to provide evidence of their level of English language proficiency for the purposes of a student visa; the class of student visa applicant a student falls within (commonly referred to as evidence exemptions), if a student was not required to provide evidence of their level of English language proficiency for the purposes of a student visa, and information about students who have breached a condition of a student visa in relation to their course progress, including attendance.

DET will provide support materials to assist providers, such as a factsheet and instructions on how to use new features in PRISMS, in the lead-up to the commencement of the Regulations 2019 on 1 October 2019.

Click here for more information

DISCLAIMER The information in this newsletter is for general informational purposes only, it is generalist in its approach. The information presented in this newsletter is not legal advice or a legal opinion, and it is not intended to be tailored to the specific circumstances of any particular case and should not be relied upon as such. Persons should seek professional legal advice before acting upon any of the information in this newsletter.

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