ASQA The National VET Regulator

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1 ASQA The National VET Regulator Mr Jerzy Gill Regional Manager Compliance Operations 2012 National Meat Retail 2012 National Meat Retail Trainers Conference November 2012 Melbourne

2 Rationale for national VET regulation quality VET qualifications crucial for employment prospects Australia s international training reputation depends on quality eight regulatory approaches thought to be inefficient and less effective although much of the sector is high quality there are ongoing concerns about the quality of some providers 2

3 Establishment t of ASQA The Australian Skills Quality Authority (ASQA) was established on 1 July 2011 to provide national regulation of Australia s vocational education and training (VET) ASQA s vision is to ensure that students, employers and governments have full confidence in the quality of vocational education and training outcomes delivered by registered training organisations (RTOs) and other providers ASQA regulates around 4100 training providers nationally and accredits VET courses 3

4 VET now nationally regulated One national regulator for RTO registration (except for Vic and WA where providers have state based operations) CRICOS registration ti for VET and some ELICOS providers (but not schools or higher education) course accreditation (also Vic and WA) Includes any cross-jurisdictional operations (includes online operations) operations outside of Australia where training and assessment are conducted and AQF qualifications and Statements of Attainment are issued 4

5 ASQA s regulatory approach a more robust framework of legislation and standards risk ikbased and dtargeted td audit focused on high risk 5

6 ASQA s regulatory approach Legislation and standards The National Vocational Education and Training Regulator Act 2011 provides a wider range of regulator powers and sanctions Providers must comply with the VET Quality Framework which h comprises: Standards for NVR Registered Training Organisations 2011 Financial Viability Risk Assessment Requirements 2011 Data Provision Requirements 2011 Fit and Proper Person Requirements 2011, and Australian Qualifications Framework Providers are required to be compliant with the standards at all times 6

7 ASQA s regulatory approach Regulation of CRICOS, ELICOS and Foundation Program providers Education Services for Overseas Students Act 2000 (ESOS Act) - amended in 2010 As of 1 July 2012 ASQA is a designated authority for registration and enforcement of the ESOS Act Education Services for Overseas Students Regulations 2001 (the ESOS Regulations) National standards for ELICOS providers and courses (ELICOS Standards) as defined by the ESOS Act National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007(the National Code) Regulation of VET courses Standards for VET Accredited Courses 7

8 ASQA s regulatory approach Regulation based on risk assessment comprehensive risk management approach - the Risk Assessment Framework (s 190 of the Act) Three levels risk assessment of initial, renewal, scope applications (including financial viability risk assessment and fit and proper person assessment) structured risk assessment of RTOs and other providers provider risk ratings analysis of VET system risks 8

9 Risk assessment of applications Financial viability risk assessment Fit and proper person assessment Licensed outcome RTO risk rating 9

10 Risk assessment of providers Risk indicators Likelihood indicators Performance Governance Impact indicators Profile Approach consistent with AS/NZS ISO 31000:2009 standards for risk management (Published by Standards Australia) 10

11 RTO risk ikrating Indicators and factors Performance Governance AQTF/VQF audit history financial viability data ESOS audit history substantiated complaints other valid performance data recent fundamental changes to scope of operations reliance on partnering organisations transparency of organisational ownership and planning Total likelihood rating 11

12 RTO risk ikrating Indicators and factors Profile scope of registration (number of training packages, range of AQF levels) delivery of training leading to licensed or regulated outcome delivery of training to overseas students in Australia delivery of training i offshore mode of delivery and core student clientele Total impact rating Overall rating - High Medium Low 12

13 Risk management Analysis of VET system risks data from audit outcomes about compliance trends feedback from industry bodies (ISCs and industry regulators) and professional associations complaints data and trends State/Territory/Australian Government intelligence (e.g. apprenticeship regulation, purchasing, DIAC) analysis of data based on quality indicators including student and employer outcomes and visa data 13

14 Rigorous audit approach systematic and rigorous outcomes focused evidence based flexible fair, open and transparent moderated Rigorous assessment of courses for accreditation 14

15 ASQA s approach hto auditing When do audits occur? all applications for initial registration are audited all renewal e and change of scope applications are assessed for risk all initial registration applications - a site visit and follow up audit (usually around 12 months) higher risk applications for registration renewal or change of scope referred for audit audits can be undertaken at any time to assess compliance with the VET Quality Framework ASQA expects the applicant organisation or RTO to demonstrate how they ASQA expects the applicant organisation or RTO to demonstrate how they comply with the standards. 15

16 Audit processes Before a site audit self assessment allocate a staff member to liaise with the audit team provide an appropriate work space for the audit team have the information requested readily available 16

17 Audit processes Steps of an audit preliminary investigation reviewing the application site audit report of outcomes decision 17

18 Industry engagement Aim: confidence that vocational outcomes meet industry standards ASQA s industry engagement strategies include guidance on learning and assessment resources additional requirements for licensing outcomes participation in audit activities, pre-audit activities, technical advisers on audits or strategic industry audits development activities for auditors 18

19 Informed choice for consumers ASQA receives complaints about the quality of providers services relevant to the regulatory framework ASQA publishes a list of providers and names of high managerial agents registration cancelled or suspended and reasons conditions on providers published also to inform consumers website information au 19

20 Enforcement Expectation of compliance at all times a range of administrative sanctions for failure to comply with standards and legislation: directions shortening period of registration conditions amending scope suspension cancellation infringement i notices. civil penalties and offences 20

21 Transparency and fairness The National VET Regulator will have regard to the interests of students, industry and the public in its decision making processes transparent procedurally fair decisions clear and accountable Review of decisions NVR Act reconsideration by ASQA review by Administrative Appeals Tribunal (AAT) Review of decisions ESOS Act review by AAT 21

22 Regulator accountability The National VET Regulator reports annually to Commonwealth Minister and Ministerial Council against key performance indicators annual report tabled in Australian Parliament report on ASQA s compliance with VET regulator standards report to NSSC on operation of the regulatory framework ASQA has its own quality management system to ensure the consistency of its business processes 22

23 ASQA s progress to date Applications received in first 12 months (1 July June 2012) 4,873 total applications received New applications received by ASQA Pending applications received 1 July (NSW, Vic, WA, ACT, NT) Pending applications received during 2012 (Tas, SA, Qld) 23

24 ASQA s progress to date Applications received in the first 12 months Application type Number % Initial registration as a new provider Renewal of registration as a provider Change scope of registration Withdrawal registration as a provider TOTAL % 420 applications relating to course accreditation also received 24

25 ASQA s progress to date Status of applications received in first 12 months Application finalised (74.1 %) Undergoing risk assessment (5.4%) Risk assessment complete, awaiting audit (8.4%) Audit commenced (5.1%) Application not commenced (7.3%) 25

26 ASQA s progress to date Application timeframes Jan June

27 ASQA s progress to date Average application processing times in first 12 months 133 days application to become a new provider 113 days application to renew the registration of an exiting provider 35 days VET change of scope application 62 days CRICOS change of scope application 15 days low risk VET applications to add new courses scope (when all information has been supplied). More than two-thirds of all applications are in this category 27

28 Application processes change of scope ASQAnet updated with outcome ASQAnet updated with outcome Audit allocated and tracked in ASQnet ASQAnet application Application checked for completeness v Risk assessment Audit Audit Approve or required conducted reject Application approved Application incomplete further information requested ASQAnet/TGA updated with outcome 28 Recommendation to decision maker for approval

29 ASQA s progress to date Regulatory decisions in the first 12 months 90% of provider applications approved 202 provider applications were refused 48 decisions to refuse registration of a new provider 28 decisions to reject applications for re-registration registration of an existing provider 126 decisions to reject change of scope applications 18 RTOs had registration cancelled/suspended 24 applications relating to course accreditation also refused 29

30 Common non-compliances of VET providers More than 43 per cent of non-compliances related to: Standard 15 that the NVR registered training organisation provides quality training and assessment across all its operations, specifically: Standard 15.2 Standard 15.3 Standard 15.4 Standard

31 Developing a strategic approach to VET regulation Engagement with industry, students and government industry engagement with employer organisations, unions, industry skills councils, student organisations and other peak bodies ongoing stakeholder consultation to identify good and poor practises in VET proactive action in areas of identified risk work has commenced on a strategic review of the aged care training sector increased dialogue with stakeholders about the role regulation can play in quality improvement 32

32 Next steps refine audit strategy more focus on monitoring audit of high risk areas/less on change of scope audits strategic reviews/strategic audits aged and community care work safety and construction (the White Card) inappropriate practices and marketing by RTOs develop policy on regulation delegation to registered training organisations streamlined dual sector regulation with TEQSA better ELICOS arrangements 33

33 ASQA offices Compliance Operations Risk Analysis Industry Engagement Risk Assessment Course Accreditation National Panel of Compliance Auditors Risk Assessment Corporate Info line Risk Assessment Legal Investigations i Complaints 34

34 More information ASQA website au to call the ASQA Info line ASQAnet for online applications and payment of fees launched on 1 August

35 Thank you Questions & answers 36

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