Complying with legislation

VET Quality Framework

All RTOs must be prepared to comply with the legislative components of the VET Quality Framework:

• Standards for NVR Registered Training Organisations
  • Outcome Standards for NVR Registered Training Organisations—standards to ensure nationally consistent, quality outcomes for learners and employers.
  • Compliance Standards for NVR Registered Training Organisations and Fit and Proper Person Requirements–Requirements which all RTOs must comply with, comprised of administrative, binary or process-oriented requirements.
  • Credential Policy - an enforceable policy which outlines the credentials required for delivering training and assessment and undertaking validation of assessment.
• Financial Viability Risk Assessment Requirements 2021—which relate to training organisations' ability to meet financial viability requirements
• Data Provision Requirements 2020—which sets out the requirement for providers to supply ASQA with data upon request, and to submit quality indicator data annually
• Australian Qualifications Framework—which is the national policy for regulated qualifications in Australian education and training.

Statutory Education Licence

A Statutory Education Licence allows RTOs to use a wide variety of copyrighted material for teaching purposes.

Education institutions may copy and communicate third-party content, as long as they follow the requirements of their Statutory Education Licence. The Statutory Education Licence is part of provisions under Division 4 of Part IVA of the Copyright Act 1968.

The Copyright Agency Ltd. and Screenrights administer Statutory Licences under the authority of the Attorney General’s Department. Without a Statutory Education Licence, an educational institution is generally not allowed to reproduce or communicate third-party material. In this case, unless a direct licence or subscription is in place, permission would need to be sought from the creator of a work.

To request a licence, you will need to contact the relevant organisation:

Delivering VET training and assessment to overseas students

Registered training providers delivering VET training and assessment to overseas students must be registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS).

Non-CRICOS registered training providers cannot deliver VET training and assessment to students on a student visa (Subclass 500). At enrolment, non-CRICOS registered VET providers must ensure that the student they are enrolling is not in Australia on a student visa (subclass 500).

Under Section 8 of the ESOS Act it is an offence for a provider to hold itself out as able or willing to provide a course to overseas students. An exception to this is provided for some Units of Competency listed in the Education Services for Overseas Students (Exempt Courses) Instrument 2021.

The instrument means non-CRICOS registered VET providers can deliver the ESOS-exempt Units of Competency to overseas students, if the provider meets the domestic requirements for registration and delivery.

You can find out more about this instrument by viewing ASQA’s article here.

Other Legislation

All RTOs must comply with relevant Commonwealth, state or territory legislation and regulatory requirements.

You must inform your staff and clients of legislative and regulatory requirements that affect their duties or participation in vocational education and training.

For more information, see our Practice Guide on Accountability.