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The New Regulatory Policy Landscape

The New Regulatory Policy Landscape. Dr Dianne Orr Australian Skills Quality Authority. Governance. Regulated Training Organisations. Commonwealth Parliament. DEEWR. Commonwealth Minister. Standing Committee on Tertiary Education Skills and Employment. NSSC.

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The New Regulatory Policy Landscape

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  1. The New Regulatory PolicyLandscape Dr Dianne Orr Australian Skills Quality Authority

  2. Governance Regulated Training Organisations Commonwealth Parliament • DEEWR • Commonwealth Minister • Standing Committee on Tertiary Education Skills and Employment • NSSC State / Territory Education Ministers • ASQA

  3. Chief Executive Offices in all capital cities of Australia Australian Skills Quality Authority

  4. Students, employers and governments have full confidence in the quality of vocational education and training outcomes delivered by RTOs

  5. The legislation • National Vocational Education and Training Regulator Act 2011 • NVR Transitional Provisions Act 2011 • NVR Consequential Amendments Act 2011 • Education Services for Overseas Students Act 2000 (amended in 2010) Robust framework of legislation and standards

  6. VET Quality Framework • Standards for NVR Registered Training Organisations (AQTF) • Fit and Proper Person Requirements • Financial Viability Risk Assessment Requirements • Data Provision Requirements • Australian Qualifications Framework • National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students (CRICOS Registration) • Standards for VET Accredited Courses Legislative Instruments

  7. Comprehensive risk management approach: Three levels: • Risk assessment of initial, renewal, scope applications (including financial viability risk assessment and fit and proper person assessment) • Structured risk assessments of RTOs • Analysis of system risks Using the Risk Assessment Framework (S 190 of the Act) Risk Management

  8. Risk Assessment of RTOs • Categories of Risk • Performance • Governance • Profile Likelihood indicators Impact indicators Approach consistent with AS/NZS ISO 31000:2009 – standards for risk management (Published by Standards Australia)

  9. RTO Risk Assessment Indicators • PerformanceAQTF/VQF audit history • ESOS audit history • Substantiated complaints • Other valid performance data • GovernanceFinancial viability data • Fundamental changes to scope of operations • Reliance on partnering organisations • Organisational ownership and planning • Total Likelihood Rating • ProfileScope of registration • Delivery of training leading to licensed or regulated outcome • RTO delivering training to overseas students in Australia • Delivery of training offshore • Mode of delivery • Total Impact Rating • Overall Rating H M L

  10. 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, & visa data Risk Management

  11. Aim: Confidence that vocational outcomes meet industry standards Engagement strategies • Guidance on learning and assessment resources • Additional requirements for Licensing outcomes • Participation in audit activities, pre-audit, technical advisers on audits or strategic industry audits • Development activities for auditors Industry Engagement

  12. Systematic and rigorous • Outcomes focused • Evidence-based • Flexible • Fair, open and transparent • Moderated Rigorous audit approach Rigorous assessment of courses for accreditation

  13. Processes transparent • Procedurally fair • Decisions clear and accountable • Review of decisions by ASQA • Review by Administrative Appeals Tribunal The National VET Regulator will have regard to the interests of students, industry and the public in its decision making Transparency and fairness

  14. Exploring the publishing of audit outcomes • Published list of RTOs & names of high managerial agents - registration cancelled or suspended and reasons • The near future Myskills Informed choice for consumers

  15. The National VET Regulator reports annually to the Commonwealth Minister and the Ministerial Council against key performance indicators • Annual report tabled in the Australian Parliament • Report on ASQA’s compliance with VET regulator standards • Certification of ASQA quality systems to ISO 9001 Regulator accountability

  16. One national regulator for: • RTO registration (except for VIC and WA where providers have state based operations) • CRICOS registration for VET, ELICOS & Foundation Studies providers (but not schools or HE) • Course accreditation (also in WA and VIC) • One national regulator to monitor compliance including: • any cross-jurisdictional operations • operations outside of Australia where training and assessment are conducted and AQF qualifications and Statements of Attainment are issued • any online operations Accessibility

  17. ASQA offices Compliance Operations Risk Analysis and Industry Engagement Risk Assessment Course Accreditation Risk Assessment Risk Assessment Legal and Investigations Complaints National Panel of Compliance Auditors

  18. Thank you www.asqa.gov.au

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