The VET Sector - Edition 5

THE VET SECTOR THE OFFICIAL MAGAZINE FROM COMPLIANCE AND QUALITY ASSURANCE (CAQA)

ISSUE 5 AUG 2018

COMPLIANCE AND QUALITY ASSURANCE (CAQA)

THE VET SECTOR

RTOs have obligations to provide quality training and assessment services to its students, to ensure they provide certificate to only those who are competent, and to cooperate with the national regulator.

Our intention through this newsletter is to bring you and your RTO services to a step closer to comply with the compliance and quality assurance requirements and also to cooperate with the Australian Skills Quality Authority (ASQA).

If we can assist you with internal audit, meeting compliance or quality assurance obligations or with our quality resources, please do not hesitate to contact one of our consultants today.

As always, we welcome your feedback.

Write to us at info@caqa.com.au or call 1800 266 160.

The VET Sector I CAQA Publications

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COMPLIANCE AND QUALITY ASSURANCE (CAQA)

THE VET SECTOR

THE DIFFERENCE BETWEEN COMPLIANCE AND QUALITY ASSURANCE IN THE RTO SPACE (PART 2) When we look at the current Standards for Registered Training Organisations 2015, the clauses relevant to Registered Training Organisations’ regulatory compliance, the reporting and governance practice, they all clearly underpin good management practices and effective compliance control procedures—and, as a result, the effective functioning and sustainability of RTOs. These Standards support RTOs to provide high-quality student experiences and learning outcomes.

Under the Standards, RTOs are responsible for: Ensuring authorised Executive Officers and High Managerial Agents meet the Fit and Proper Person requirements and are vested with sufficient authority to ensure the RTO complies with the RTO Standards at all times (clause 7.1) Satisfying financial viability risk assessment: Your RTO is required to present an acceptable level of financial viability risk at all times (this includes any parent entities). ASQA assesses each RTO’s financial viability risk to evaluate the likelihood of business continuity and the RTO’s capacity to achieve quality outcomes, as outlined in the Financial Viability Risk Assessment Requirements 2011. ASQA considers this against the potential for adverse consequences if your entity collapses or becomes unviable and makes a judgement about whether the level of risk is acceptable, unacceptable, or requires additional controls. To enable a preliminary financial viability risk assessment, the initial registration application requires the applicant to provide: a range of financial sustainability information independent certification.

ASQA may also require your RTO to undergo a financial viability risk assessment at any other time. (clause 7.2)

Continue reading at next page > The VET Sector I CAQA Publications

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COMPLIANCE AND QUALITY ASSURANCE (CAQA)

THE VET SECTOR

THE DIFFERENCE BETWEEN COMPLIANCE AND QUALITY ASSURANCE IN THE RTO SPACE (PART 2) Compliance and reporting: The RTO must make sure it complies with the SRTO’s 2015, other Commonwealth, State and Territory legislation and regulatory requirements relevant to its operations, at all times, including where services are being delivered on its behalf. The RTO is required to provide an annual declaration on compliance to confirm whether it: a. currently meets the requirements of the Standards across all its scope of registration and has met the requirements of the Standards for all AQF [Australian Qualifications Framework] certification documentation it has issued in the previous 12 months. b. has training and assessment strategies and practices in place that ensure that all current and prospective learners will be trained and assessed in accordance with the requirements of the Standards.

RTOs are also required to make sure its staff and clients are informed of any changes to legislative and regulatory requirements that affect the services delivered. (clauses 2.1 and 8.4 to 8.6) Recording, monitoring and reporting third-party arrangements: All third-party arrangements must have a written agreement, the RTO must have sufficient strategies and resources to systematically monitor any services delivered on its behalf, and notifies the Regulator: 1. of any written agreement entered into under clause 2.3 for the delivery of services on its behalf within 30 calendar days of that agreement being entered into or prior to the obligations under the agreement taking effect, whichever occurs first, and 2. within 30 calendar days of the agreement coming to an end. (clauses 2.3, 2.4 and 8.3) Holding public liability insurance: RTOs are responsible for ensuring they hold public liability insurance throughout their registration period. Your RTO must hold public liability insurance to cover all training and/or assessment activities it provides as an RTO. (clause 7.4) Meeting Data Provision Requirements: RTOs are responsible for providing accurate information about their performance and governance in accordance with clause 7.5.

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COMPLIANCE AND QUALITY ASSURANCE (CAQA)

THE VET SECTOR

THE DIFFERENCE BETWEEN COMPLIANCE AND QUALITY ASSURANCE IN THE RTO SPACE (PART 2) The Data Provision Requirements outline information that your RTO is required to submit. Apart from information required with applications, this falls generally into two categories: Australian Vocational Education and Training Management Information Statistical Standard (AVETMISS) data Quality Indicator Data.

Data such as national training activity is very important—this informs decision-making about policies and funding for the national VET system and allows measurement of the system’s performance.

The quality indicator data provides information for RTOs about their students’ experiences of their services and can be used to continuously improve the quality of the training for students and employers. (clause 7.5) Providing requested information to ASQA: RTOs are responsible for: Cooperating with ASQA Ensuring any third party delivering services on the RTO’s behalf is required to cooperate with ASQA. Your RTO and any third parties delivering services on your behalf must cooperate with ASQA in responding to requests for information, undergoing audits and managing records. The information you and third parties provide to ASQA must be accurate, truthful and authentic.

Any documentation provided at audit must be an accurate representation of your RTO’s practices.

Continue reading at next page > The VET Sector I CAQA Publications

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COMPLIANCE AND QUALITY ASSURANCE (CAQA)

THE VET SECTOR

THE DIFFERENCE BETWEEN COMPLIANCE AND QUALITY ASSURANCE IN THE RTO SPACE (PART 2) You must notify ASQA within 90 days of the following: Changes to executive officers or high managerial agents Changes to financial administration status (e.g. liquidators being appointed) Changes to legal name or type of legal entity Changes to ownership, directorship or control (including changes to parent entities) Significant mergers or associations with other RTOs Registration (or application) with other education regulators (e.g. higher education provider with the Tertiary Education Quality Standards Agency) Anything that may affect the fit and proper person status of an influential representative of the RTO Changes to any fundamental funding/revenue source (e.g. access to or loss of government funding contract allocation) Changes to the RTO’s business strategy (e.g. more to online delivery, assessment-only delivery, offshore delivery) Delivery to apprentices or trainees employed under a training contract Any other significant event. (clauses 8.1 and 8.2).

In the next post we will look into the “quality assurance” requirements and obligations for your RTO. To be continued…

The VET Sector I CAQA Publications

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COMPLIANCE AND QUALITY ASSURANCE (CAQA)

THE VET SECTOR

REASONABLE ADJUSTMENT IN SUMMATIVE ASSESSMENTS The concept of ‘reasonable adjustment’ is important and must be considered. This means that

the summative assessment process may be modified so that individual participants are not disadvantaged. For example, a learner with a disability, or with issues relating to language, literacy or numeracy may require some adjustment to the assessment process.

In accordance with the Disability Standards for Education (2005), education providers are under a positive obligation to make changes to reasonably accommodate the needs of a learner with a disability. Reasonable adjustments can be made as required, as long as competence is not compromised.

We make changes to reasonably accommodate the needs of learners to ensure: they have the same learning opportunities as other learners. they have the same opportunity to perform and complete assessments as other learners.

For example, such a learner could be asked to demonstrate a work process rather than being asked to explain it in writing.

It is important to always provide the following information to your students, trainers and compliance officers: Students with carer responsibilities, cultural or religious obligations, English as an additional language, disability etc. can request for reasonable adjustments.

Please note, academic standards of the unit/course will not be lowered to accommodate the needs of any student, but there is a requirement to be flexible about the way in which it is delivered or assessed.

The Disability Standards for Education requires institutions to take reasonable steps to enable the student with a disability to participate in education on the same basis as a student without a disability.

Trainer/Assessor must complete the “Reasonable Adjustment Strategies Matrix” to ensure the explanation and correct strategy have been recorded and implemented.

Trainer/Assessor must notify the administration/compliance and quality assurance department for any reasonable adjustments made.

All evidence and supplementary documentation must be submitted with the assessment pack to the administration/compliance and quality assurance department.

ADAPTED FROM: REASONABLE ADJUSTMENT IN TEACHING, LEARNING AND ASSESSMENT FOR LEARNERS WITH A DISABILITY, A GUIDE FOR VET PRACTITIONERS, NOVEMBER 2010, PREPARED BY QUEENSLAND VET DEVELOPMENT CENTRE STRATEGY AND RESEARCH (EQUITY).

The VET Sector I CAQA Publications

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COMPLIANCE AND QUALITY ASSURANCE (CAQA)

THE VET SECTOR

REASONABLE ADJUSTMENT IN SUMMATIVE ASSESSMENTS A table has been provided below to list different categories where reasonable adjustments can

also be made, possible issues associated with each category and reasonable adjustment strategy that you can apply:

The VET Sector I CAQA Publications

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COMPLIANCE AND QUALITY ASSURANCE (CAQA)

THE VET SECTOR

DO YOU NEED COMPLIANCE HELP?

The VET Sector I CAQA Publications

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COMPLIANCE AND QUALITY ASSURANCE (CAQA)

THE VET SECTOR

THE BEST RESOURCES IN THE MARKET

The VET Sector I CAQA Publications

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COMPLIANCE AND QUALITY ASSURANCE (CAQA)

THE VET SECTOR

THE VET NEWS ASQA given additional powers to seek civil penalties and issue infringement notices On 12 July 2018, the Governor-General, Sir Peter Cosgrove AK MC made the National Vocational Education and Training Regulator Amendment (Enforcement and Other Measures) Regulations 2018 (NVR Regulation Amendment 2018).

The NVR Regulation Amendment 2018 allows ASQA to seek civil penalties for breaches of the Standards for Registered Training Organisations (the Standards), even in cases where a provider has since rectified that breach.

This legislative change enhances ASQA’s capacity to effectively support the quality of the VET sector by providing an additional mechanism to protect students from poor-quality providers.

ELICOS course template now available The Australian Skills Quality Authority (ASQA) has developed a course proposal template for use by providers applying to register English Language Intensive Courses for Overseas Students (ELICOS) on the Commonwealth Register for Institutions and Courses for Overseas Students (CRICOS).

ASQA has developed this template in response to feedback from providers seeking guidance and a consistent format for providing evidence to demonstrate compliance against ‘Standard C1—Mandatory requirements for course applications’ of the ELICOS Standards 2018.

The use of this template is strongly recommended but not mandatory.

Access the ELICOS course proposal template (DOC)

The VET Sector I CAQA Publications

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COMPLIANCE AND QUALITY ASSURANCE (CAQA)

THE VET SECTOR

THE VET NEWS Cancellation of registration as a provider of vocational education and training (VET) services: Captain Cook Institute Pty Ltd (RTO number 91707; trading as George Brown College).

Decision to take effect on 23 August 2018.

Australian Accredited College Institute Pty Ltd (RTO number 45146). Decision to take effect on 23 August 2018.

Wood Group PSN Australia Pty Ltd (RTO number 41287). Decision to take effect on 27 August 2018.

Universal Training Centre Pty Ltd (RTO number 41167). Decision to take effect on 27 August 2018.

Oztech Trade Training College Pty Ltd (RTO Number 40997). Decision to take effect on 29 August 2018.

Rejection of application to renew registration as a provider of VET services: Australian Higher Education Services Pty Ltd (RTO number 91116; trading as Sydney College of Business and Information Technology). Decision to take effect on 23 August 2018.

The VET Sector I CAQA Publications

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COMPLIANCE AND QUALITY ASSURANCE (CAQA)

THE VET SECTOR

THE VET NEWS Extension to transition period for Advanced Diploma, Diploma of Accounting qualifications The Australian Skills Quality Authority (ASQA) has approved an extension to the transition period for the FNS50215 Diploma of Accounting and FNS60215 Advanced Diploma of Accounting.

The qualifications were superseded in February 2018 by the FNS50217 Diploma of Accounting and FNS60217 Advanced Diploma of Accounting, which are not equivalent. As a result, current learners were initially given until 12 February 2019 to complete their training and assessment.

However, learners transitioning to the replacement qualifications must meet additional entry requirements. This would genuinely disadvantage any learners in the superseded qualifications who are unable to complete the qualifications by 12 February 2019.

As such, ASQA has agreed to an extended training, assessment and certification issuance period for these qualifications, which will end on 12 February 2020.

For more information, please visit ASQA’s website https://www.asqa.gov.au/newspublications/news

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.

The VET Sector I CAQA Publications

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Compliance and Quality Assurance (CAQA) Resources has developed the most up-to-date assessment and learner resources for the following courses: ELICOS General English – Level 1 General English – Level 2 General English – Level 3

English for Academic Purpose Level 1 Level 2 Level 3

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

Information Technology ICT50115 Diploma of Information Technology ICT40115 Certificate IV in Information Technology ICT60115 Advanced Diploma of Information Technology

ECEC CHC50113 Diploma of Early Childhood Education and Care CHC30113 Certificate III in Early Childhood Education and Care

Building and Construction CPC50210 Diploma of Building and Construction (Building) CPC50308 Diploma of Building and Construction (Management) CPC40110 Certificate IV in Building and Construction (Building) Community Services CHC52015 Diploma of Community Services CHC43115 Certificate IV in Disability CHC33015 Certificate III in Individual Support

Painting and Decorating CPC30611 Certificate III in Painting and Decorating Hospitality Management SIT50416 Diploma of Hospitality Management SIT30816 Certificate III in Commercial Cookery SIT40516 Certificate IV in Commercial Cookery For more information, please visit www.caqaresources.com.au