the new regulatory policy landscape dr dianne orr australian skills quality authority
TRANSCRIPT
The New Regulatory PolicyLandscape
Dr Dianne Orr Australian Skills Quality Authority
Commonwealth Parliament
Commonwealth Minister
ASQA
Standing Committee on Tertiary Education
Skills and Employment
NSSC
DEEWR
State / Territory Education Ministers
Reg
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Org
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Australian Skills Quality Authority
Chief Executive
Offices in all capital cities of Australia
Students, employers and governments have full confidence in the quality of vocational education and training outcomes delivered by RTOs
Robust framework of legislation and standards
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)
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• 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
Risk Management
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 Assessment of RTOs
Categories of Risk
● Performance
● Governance
● Profile Impact indicators
Approach consistent with AS/NZS ISO 31000:2009 – standards for risk management(Published by Standards Australia)
Likelihood indicators
RTO Risk Assessment
Performance AQTF/VQF audit historyESOS audit historySubstantiated complaintsOther valid performance data
Governance Financial viability dataFundamental changes to scope of operationsReliance on partnering organisationsOrganisational ownership and planning
Total Likelihood Rating
Profile Scope of registrationDelivery of training leading to licensed or regulated outcomeRTO delivering training to overseas students in AustraliaDelivery of training offshoreMode of delivery
Total Impact RatingOverall Rating H M L
Indicators
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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, & visa data
Industry Engagement
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
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Rigorous audit approach
• Systematic and rigorous
• Outcomes focused
• Evidence-based
• Flexible
• Fair, open and transparent
• Moderated
Rigorous assessment of courses for accreditation
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Transparency and fairness
• 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
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Informed choice for consumers
• Exploring the publishing of audit outcomes
• Published list of RTOs & names of high managerial agents - registration cancelled or suspended and reasons
The near future
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Regulator accountability
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
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AccessibilityOne 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
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ASQA offices
CourseAccreditation
Compliance Operations
Risk Assessment
Risk Assessment
Risk Assessment
Legal and Investigations
Complaints
National Panel of Compliance Auditors
Risk Analysis and Industry Engagement
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Thank you
www.asqa.gov.au