Can I sue ASQA for damages?

Category: ASQA

Can I sue ASQA for damages?

Posted on by Sukh Sandhu

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)

Posted on by Sukh Sandhu

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)

Posted on by Sukh Sandhu

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)

Posted on by Sukh Sandhu

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

Posted on by Sukh Sandhu

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

Posted on by Sukh Sandhu

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

Posted on by Sukh Sandhu
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)

Posted on by Sukh Sandhu

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

Posted on by Sukh Sandhu

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

Posted on by Sukh Sandhu

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

One Of the Best Online platfrom

Get A Free Sample Of Our Resources

Request Now!

Contact Us

Lorem Ipsum is simply dummy text of the printing typesetting.

Send Us a Message

Questions? Concerns? We’re here to listen and respond!

1800 961 980