Various phases of the assessment and validation processes (Part 3)

Various phases of the assessment and validation processes (Part 3)

This is Part 3 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 system
  • Who conducts validation?
  • How is validation different from moderation?
  • How external consultants can help you with validation of assessment and learner resources?

In this month’s article, we will explore the regulatory requirements around validation of learner resources.
Learner resources
Learner resources are also known as “learning resources”, “training resources”, or “companion guides”. The purpose of these resources is to support learners with the underpinning knowledge required to participate in skill-based tasks. These resources include a range of activities to support the learning including, formative assessments and activities, links to further reading, workplace activities and procedures (where relevant to the qualification) etc.
Why you need to validate your learner resources
The VET regulator, ASQA does not currently prescribe the methodology Registered Training Organisations (RTOs) should use to meet the requirements of the relevant standards, training packages and accredited courses for learner resources.
But their expectations under the Standards for Registered Training Organisations, 2015, is to ensure your learner resources meet the following legislative guidelines:
Standard 1, Clause 1.3 (c): 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.
The guidelines further state that:
Learning resources

  • To ensure students are able to obtain and absorb the required knowledge and skills prior to assessment, carefully choose and plan the learning resources you will use to guide them.
  • Identify these resources in your strategy to ensure you obtain full coverage of all required areas.

Therefore, we strongly recommend validating your learner resources to ensure your organisation complies with the relevant legislative requirements and guidelines.
The process of validation of learner resources
The validation of learner resources is not very different from the validation of assessment resources. All learner resources must also meet training package requirements and industry expectations.
Who can be involved in validating the learner resources
There are currently no regulatory requirements around who can participate in the validation of learner resources, however, it should be no different from the validation of assessment resources.
It should be a collective team effort and you must include the following people to validate your learner resources:

  • Subject matter experts
  • Trainers and assessors
  • Compliance or administration manager
  • Industry experts
  • You may also include compliance experts as well as they usually have current and up-to-date knowledge around audit and compliance expectations and requirements.

Stages of validation for learner resources
Stage 1: Validation before using the learner resources
Validation before using the learner resources is to ensure the resources meet training package requirements, how the information is presented and the quality of the formative assessments. This is to ensure the student gains the required skills and knowledge to participate in the summative assessments later. Your review of the learner resources templates in detail ensures they are compliant and meet regulatory standards and Industry requirements.
Stage 2: Validation during or after using the learner resources
Your validation of learner resources during or after use is to ensure:

  • Your resources meet client expectations
  • Your resources meet training package guidelines and provide all required underpinning knowledge to your students
  • Your resources are current and up-to-date in terms of the latest trends, technology and industry guidelines and practices.

In the next and final article, we will discuss:

  • Why you need to keep validators information
  • Why validation of assessment and learner resources should be systematic and ongoing
  • How can you schedule validation
  • What is statistically valid sampling
  • Validation outcomes

(To be continued in the upcoming newsletter and blogs)

RPL Kits-Let’s discuss compliance with clauses 1.8 and 1.12

The legislative requirements
The legislation is very clear regarding compliance in RPL kits and why you need to have RPL Kits for every unit of competency you are training and assessing.
The legislative instrument includes the following clauses:
Assessment
1.8. The RTO implements an assessment system that ensures that assessment (including recognition of prior learning):

a) complies with the assessment requirements of the relevant training package or VET accredited course; and
b) is conducted in accordance with the Principles of Assessment and the Rules of Evidence.

1.12. The RTO offers recognition of prior learning to individual learners.
Can you refuse a student RPL
Legislation involves the preparation and enactment of laws by a legislative body through the lawmaking process that it uses to accomplish its purposes. Something written in legislation eliminates all questions and assures that everyone adheres to the requirements, regardless of whether they want to or do not want to do so. As a result, training organisations do not have the privilege of refusing recognition of prior learning to people interested to achieve a unit of competency, skill set or qualification through recognition of prior learning. They have no choice but to offer it.
What should be included in the RPL kit
The regulatory body has not approved any structure or approved a template for RPL kits, the structure of RPL kits is up for debate at this time. However, the practise has been in place as long as RPL kits have allowed the following:

  • Self-assessment should be carried out by the student in order to evaluate their knowledge and abilities.
  • In addition to previous studies – both formal (e.g., TAFE, school) and informal (– for example, community education, workplace training courses), work experience – both paid and unpaid – and life experience, evidence should be gathered from the student.
  • Direct evidence can be gathered by observation, demonstration, simulation, and role-playing, among other methods. Indirect evidence can be gathered through the use of work samples, workplace documentation, third-party reports, projects, and a Portfolio of Evidence, among other methods.
  • Third-party proof can include letters of recommendation from supervisors, team leaders, and managers, as well as evidence of the student performing duties and responsibilities.
  • The assessor guide should be designed to ensure that different assessors should reach the same judgement about a student’s competency, regardless of who is assessing the student.
  • Comprehensive mapping assessment documentation that ensures that all of the training package requirements are addressed.

How can you prepare or evaluate the quality of your RPL Kit
When preparing and developing RPL kits, be certain that they meet the specifications given in clauses 1.8 (and sections 8a and 8b).
Principles of Assessment


Fairness in Assessment:
During the assessment process, the needs of each individual student are taken into consideration.
When necessary, reasonable adjustments are made by the RTO to accommodate the specific needs of each individual student.
Learning and assessment are explained to students by the RTO, who also gives them the opportunity to contest the results of their assessments and have them evaluated if necessary.
Flexibility in Assessment:
Assessment is tailored to the needs of each individual student by:
taking into consideration the student’s needs and requirements;
It is important to evaluate the competencies held by the student, regardless of how or where they were gained.
Making use of a variety of assessment methods and selecting those that are appropriate for the situation, the unit of competency and associated assessment needs, and the individual.
Validity in Assessment:
Each and every assessment decision made by the RTO is justified in light of the evidence of the particular student’s performance.
Validity necessitates the following:
Evaluation in relation to the unit/s of competency and the accompanying assessment requirements encompasses the entire range of skills and information that are required for competent performance;
Evaluation of knowledge and abilities is done in conjunction with their practical application.
It is expected that evaluation will be based on evidence that demonstrates that a student can exhibit these abilities and knowledge in other similar contexts; and
The evaluation of learner competence is based on evidence of learner performance that is related to the unit(s) of competency, associated assessment and evaluation standards.
Reliability in Assessment:
It does not matter who assesses the assessment because the evidence supplied for evaluation should be consistently understood and the assessment outcomes are comparable.
Rules of Evidence


Validity in Assessment:
Assurance is provided to the assessor that the student possesses the skills, knowledge, and qualities indicated in the module or unit of competency and associated assessment requirements for the module or unit of competency.
Sufficiency in Assessment:
The assessor is confident that the quality, amount, and relevance of the assessment evidence will allow a determination of a student’s competency to be made by the assessor.
Authenticity in Assessment:
The assessor is certain that the evidence submitted for assessment is the student’s own original work by ensuring that the student has completed the task.
Currency in Assessment:
When the assessor receives assurance that the assessment evidence confirms current competency, the assessment is considered complete. This necessitates the use of evaluation evidence that is either current or very recent in time.
Contact us at info@caqa.com.au for more information and the availability of RPL kits and resources.

Assessment issues that may have an impact on your RTO audit (Part 2)

This is Part 2 continuing from the previous newsletter. As discussed in Part 1 of this article, there are a number of assessment-related issues that may affect your audit outcome. You should ensure your assessment resources, therefore, meet the following criteria:

  • The context and conditions of assessment. For example, an assessment tool could be developed to cater for a particular language, literacy and numeracy requirements, the learner’s workplace experience or other learner needs that require reasonable adjustment.
  • The context of the assessment may also take into account assessments already completed, and the competencies demonstrated in these assessments. By looking at the context, you can consider the conditions under which evidence for assessment must be gathered.
  • All activities are conducted adequately using the required:
    • equipment or material requirements
    • contingencies
    • specifications
    • physical conditions
    • relationships with team members and supervisors
    • relationships with clients/customers
    • timeframes for completion.
  • Assessment methods or tasks are suitable to the requirements of the units of competency and students are assessed on the tasks and activities according to the requirements of the training package.
  • The language used is simple English
  • The evidence required to make a decision of competency is clearly outlined
  • The types of activities and tasks student need to perform are clearly outlined
  • The level of performance required for each assessment activity is clearly outlined
  • Adequate exposure to workplace conditions, including appropriate simulated environments
  • Sufficient knowledge-based assessment tasks and activities such as written questions and case studies etc.
  • Sufficient practical based assessment tasks and activities such as projects, role plays, workplace tasks and observations etc.
  • Assessment resources are error-free and free from any grammar, copyright or plagiarism issues

It is a wise decision to get your training and assessment strategies and resources validated by independent industry experts to get honest feedback and an unbiased opinion.

Various phases of the assessment and validation processes (Part 2)

This is Part 2 of the article, where we are discussing the different phases of the validation processes an RTO should be following to ensure you meet regulatory requirements and industry expectations.
In the previous article, 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)

In this month’s article, we will explore the regulatory requirements around assessment validation.
Regulatory requirements for conducting validation
According to the Standards of Registered Training Organisations (RTOs) 2015, you are required to implement a quality review process (Clauses 1.8, 1.9, 1.10 and 1.11).
Clause 1.8a requires that the RTO’s assessment systems comply with the assessment requirements of the relevant training packages or VET accredited courses.  
Clause 1.8b requires RTOs to ensure that the evidence gathered is valid (one of the Rules of Evidence) and that assessment processes and outcomes are valid (one of the Principles of Assessment). 
These requirements must be met and demonstrated in all assessment policies, procedures, materials and tools of the RTO. Clause 1.8 primarily relates to the development (or purchase) of the RTO’s assessment resources.
Assessment validation has been strengthened in the Standards for RTOs and the requirement is to:

  • Develop and implement a comprehensive plan for ongoing systematic validation of assessment that includes all training products on the RTO’s scope of delivery (Clause 1.9)
  • Validate the assessment practices and judgements for each training product at least once every five years with at least 50% of products to be validated within the first three years of each five-year cycle (Clause 1.10)
  • Ensure that validation is conducted by one or more suitably qualified persons, who are not directly involved in the delivery and/or assessment of the training product being validated. (Clause 1.11).
  • These clauses relate primarily to the actual delivery and outcomes of the RTO’s assessment systems, including the performance of the RTO’s assessors.

Assessment system
Documents required for conducting an effective validation session, in the RTO’s assessment system, includes but is not limited to:
Validation related documents:

  • Validation plan
  • Validation schedule
  • Validation record or validation form
  • Validation register
  • Validation report form
  • Continuous improvement form
  • Continuous improvement register
  • Pre-assessment validation documents

Assessment resources:

  • Unit assessment pack/student pack
  • Trainer assessment pack/assessor pack
  • Mapping document
  • Assessment evidence according to a sample size

Other documents:

  • Training and assessment strategy
  • Feedback forms
  • Unit of competency
  • Companion volume/implementation guide
  • AQF framework
  • ACSF framework

You will be required to evaluate if the assessment resources meet:

  • Training package requirements (application, elements and performance criteria, foundation skills, performance evidence, knowledge evidence, assessment conditions)
  • Principles of assessment; fairness, flexibility, validity and reliability
  • Rules of evidence; valid, sufficient, authentic and current
  • The appropriate level of difficulties (AQF Level)
  • Provide sufficient and clear instructions
  • Record any appropriate adjustments

Who conducts validation?
Validation is a collaborative process. The team must hold collectively:

  • Vocational competencies and current industry skills relevant to the assessment being validated
  • Current knowledge and skills in vocational teaching and learning
  • The TAE40110 Certificate IV in Training and Assessment (or its successor) or the TAESS00001 Assessor Skills Set (or its successor).
  • Validators can be employees of your RTO, or you can seek external validators.

The trainer and assessor who delivered/assessed the training product being validated:

  • Can participate in the validation process as part of a team
  • Cannot conduct the validation on his/her own
  • Cannot determine the validation outcome for any assessment judgements they made
  • Cannot be the lead validator in the assessment team.

It is important to keep the records of all validation activities and validators as auditors might ask for it during audit activities and for managing continuous improvement processes at an RTO.
How is validation different from moderation?
Moderation is a quality control process aimed at bringing assessment judgements into alignment.
Moderation is generally conducted before the finalisation of student results as it ensures the same decisions are applied to all assessment results within the same unit of competency.
The requirement in the Standards to undertake validation of assessment judgements does not affect your RTO’s ability to undertake moderation activities, or any other process aimed at increasing the quality of assessment.
(ASQA, 2018)
(To be continued in the next newsletter)

COVID-19 and changes in the changes in the Financial Viability and Risk Assessment (FVRA)

It poses significant challenges for RTOs to continue to provide high-quality training and ensure that students complete their courses during periods of lockdown and restrictions. The commercial prospects of many RTOs have been adversely harmed by the quarantine at home and travel restrictions implemented here and overseas. Under these circumstances, RTOs are under a great deal of pressure to meet the standards of the financial viability risk assessment (FVRA).
The market research for any courses you may be considering to offer will need to be conducted in a different manner than it has previously been done. Furthermore, a COVID-like scenario will have to be taken into consideration as part of your plan.
The Financial Viability and Risk Assessment (FVRA) is a method used by ASQA to determine if an applicant who wants to register an RTO or an existing RTO has the financial capability to provide quality training and outcomes for learners.
According to the FVRA, the following circumstances for an RTO would be regarded as “viable” if they occur:

  • There is sufficient financial capacity for the business to acquire the necessary assets and physical resources to meet all of its registration requirements during the RTO registration period.
  • The organisation has the financial resources to engage qualified staff to handle both the administration and the teaching of the courses where the students have been enrolled.
  • Students can still benefit from the services offered by the organisation.
  • The organisation can run on a continual basis to ensure that each student completes the course they enrol in.
  • Even in an uncertain climate, the organisation is able to meet the aforementioned requirements.

The Financial Viability Risk Assessment (FVRA) tool, developed by ASQA, has undergone a number of updates. Financial Viability Risk Assessment Requirements 2011 is scheduled to sunset in October 2021. The National Vocational Education and Training Regulator’s (Financial Viability Risk Assessment Requirements) Instrument 2021 is now in force. It has been decided to make these adjustments in order to examine an institution’s financial viability to continue operating in the event of unforeseen situations.
The latest copy of the legislation can be found at legislation.gov.au
In short, the changes are:
Part 3 Authority
The insertion of ‘Authority’ in order to indicate the parent law. This instrument is made under subsection 158(1) of the National Vocational Education and Training Regulator Act 2011.
Part 4
In this section, definitions have been clarified in a detailed manner.
Part 6 Intent

  1. The National VET Regulator requires an NVR registered training organisation to demonstrate its financial viability at any point in time, upon request.
  2. The assessment of an organisation’s financial viability risk is directed at evaluating the likelihood of its business continuity, and its capacity to achieve quality outcomes. In particular, the assessment informs a judgement about whether the organisation has the financial resources necessary to:

(a) acquire the requisite assets and physical resources to deliver all qualifications on its scope of registration
(b) employ sufficient appropriately qualified staff to cover the courses for which it takes enrolments
(c) provide appropriate levels of student services to students
(d) remain in business to ensure that each student can achieve completion
(e) meet the above requirements, even in an unsure environment.

In essence, the legislation states that an RTO must be able to demonstrate its financial viability at any moment, independent of what is happening in the real world.
Part 8 Obligation to submit to assessment at any time
Section 8 of the new legislation includes requirements for auditing, which are described below.

  1. An NVR registered training organisation must submit to an assessment of financial viability risk by a qualified independent financial auditor nominated by the National VET Regulator at other times during the registration period as determined by the National VET Regulator in accordance with the Risk Assessment Framework.
  2. The obligation to submit to the assessment referred to in (1) also applies to parent organisations, affiliated companies or organisations that have a vested interest in the organisation.

The top 10 key takeaways
So, what are the top 10 key takeaways from the most recent legislative changes?:

  1. Concentrate on marketing and establishing your organisation as a successful venture.
  2. Prepare a comprehensive risk management plan, with particular attention paid to dealing with unforeseen scenarios (such as COVID-19).
  3. Make certain that the figures and estimates you report are correct.
  4. It is recommended that providers who are coming out of hibernation engage lawyers and RTO consultants such as CAQA before applying to return to regular status.
  5. Concentrate on how your organisation may use digital learning and offer courses online.
  6. Ongoing evaluation of your business plan and financial viability risk assessment should be a top priority (at least once on an annual basis)
  7. Have detailed policies, plans and processes in place to handle financial resources in the event of unforeseen events
  8. Include additional “reserve funds” to provide as a financial buffer in the event of unforeseen scenarios such as COVID-19.
  9. Pay close attention to liquidity and break-even, and whether or not your RTO can manage the cash flow necessary to pay outgoings, tax debt, and other fixed financial obligations especially in the event of unforeseen scenarios..
  10. Note that the FVRA tool must be developed and approved by a certified accountant before it can be used.

Confused? Need advice? Email info@caqa.com.au or call us on 1300 266 160

Assessment issues that may have an impact on your RTO audit (Part 1)

It is important to look into ASQAs 2017 report that shows:

  • Around 72% of RTOs FAIL audit on Assessment
  • Approximately 50% of those FAIL to be able to rectify their assessment tools on resubmission under the OLD audit mode

According to the new audit model:

  • There may be NO opportunity to rectify critical non-compliances
  • Initial registration clients with critical non-compliances are unlikely to get an opportunity to rectify and potentially would be unable to reapply
  • Registered RTOs risk sanctions, conditions, or even worse cancellations for critical non-compliances on the first audit

There are a number of assessment-related issues that may affect your audit outcome. You should ensure your assessment resources meet the following criteria:

  • Assessment resources have sufficient and clear information regarding what, when, how, where, why for your assessment template and all assessment tasks and activities.
  • Assessment resources have robust benchmarking and/or trainers guide.
  • Assessment resources are allowing the trainer/assessor to assess the skills and knowledge of students through different assessment tasks over a period of timeto ensure “consistency” and “sufficiency”
  • Each and every question and assessment task has very clear guidelines around what is expected from the students in terms of both “quantity” and “quality”
  • You have customised the off-the-shelf resources according to your RTO needs and requirements and not using them “as-it-is”
  • Your assessment resources are written by Industry experts with subject matter experts and are “Industry-relevant” and “current”
  • Your assessment resources address all requirements of the training packaging rules
  • Your assessment resources have detailed and valid performance checklists/observation checklists for assessing and observing the students before, during and after any skill assessment activity or workplace task
  • Your trainers and assessors gather sufficient, valid evidence for competency assessment
  • Your organisation offers appropriate simulated environments for conducting assessments
  • The authenticity of assessment, particularly in distance and online delivery is established and maintained

Various phases of the assessment and validation processes (Part 1)

In this article, we will discuss different phases of validation processes that you should be following in your RTO to ensure you meet regulatory requirements and industry expectations.
Validation of RTO assessment resources
You must validate all your assessment resources to ensure they meet the principles of assessment, rules of evidence, training package requirements, regulatory guidelines and Industry expectations.
Explanation of assessment validation:
Validation is a process of checking that the assessment tools, methods, judgements, evidence and processes to ensure that the training product meets:

  • ​Principles of Assessment – i.e. valid, reliable, flexible and fair
  • Rules of Evidence – i.e. valid, authentic, current and sufficient
  • The judgment made by the trainer/assessor is benchmarked with colleagues or industry experts
  • There is sufficient evidence to support the judgment of the trainer/assessor
  • Whether the requirements of the Training Package or accredited course have been met.

Typical benchmarks used during the validation process include:

  • National training package which are developed by Skills Service Organisations (SSOs)/ Industry Reference Committees (IRCs) and can be found on the training.gov.au website.
  • Units of competency which consist of competency standards and need to be unpacked so that those validating the assessments can compare the actual competency against the tools being validated.
  • Industry standards and consultation will vary, and these standards form the basis of the skills and knowledge required to perform work roles.
  • AQF Guidelines and Framework
  • Information provided to candidates, assessors and third parties
  • Legislation relevant to the assessment such as privacy, health and safety, anti-discrimination, copyright law and so on.

Validation occurs through different stages:
Stage 1: Validation before assessment judgements i.e. pre-validation of assessment resources
Validation before assessment judgements are made; look at the design of the assessment activities, if it meets the training package requirements, how the instructions for tasks or questions are presented and the benchmarks against the learner performance. This is where the mapping is undertaken. You review the assessment tool templates in detail to ensure they are compliant and meet regulatory standards and Industry requirements.
Stage 2: Validation during assessment
Validation during assessment is looking at the actual benchmarking answers or performance the learner has provided, and making a judgement with another assessor, either together or separately. This often is coordinated within assessors who undertake training and assessment of the same vocational area. This process was also known as moderation and always remember prevention is always better than the cure, therefore, any issues identified at stage 1 or stage 2 should be eliminated as soon as possible and gaps should be filled with gap-analysis to ensure your organisation is bullet-proof.
The requirement in the Standards to undertake validation of assessment judgements (post validation) does not prohibit your RTO from undertaking moderation activities, or any other process aimed at increasing the quality of assessment.
Stage 3: Validation post assessment (i.e. post validation)
Validation post assessment concentrates on the learners’ performance and their responses to questions, the actual assessment decision that was made, the task and processes that align to the assessment, any feedback from students, and the reporting processes.
The purpose of this post-assessment validation is to verify the validity and consistency of assessment decisions to bring assessment judgements and standards into alignment.
It is a process that ensures the same standards are applied to all assessment results within the same Unit(s) of Competency. It is an active process in the sense that adjustments to assessor judgements are made to overcome differences in the difficulty of the tool and/or the severity of judgements. It aims to ensure assessors have a common understanding of the unit requirements
It involves checking that your assessment tools have produced valid, reliable, sufficient, current and authentic evidence, enabling RTO to make reasonable judgements that the training package requirements have been met.
(To be continued in the upcoming blogs)

Part 3- How compliance and quality assurance are two separate but intertwined concepts

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.

Part 2- How compliance and quality assurance are two separate but intertwined concepts

When we look at the current Standards for Registered Training Organisations 2015, the clauses relevant to Registered Training Organisations’ regulatory compliance, the reporting and governance practice, they all clearly underpin good management practices and effective compliance control procedures—and, as a result, the effective functioning and sustainability of RTOs.
These Standards support RTOs to provide high-quality student experiences and learning outcomes.
Under the Standards, RTOs are responsible for:

  • Ensuring authorised Executive Officers and High Managerial Agents meet the Fit and Proper Person requirements and are vested with sufficient authority to ensure the RTO complies with the RTO Standards at all times (clause 7.1)
  • Satisfying financial viability risk assessment: Your RTO is required to present an acceptable level of financial viability risk at all times (this includes any parent entities). ASQA assesses each RTO’s financial viability risk to evaluate the likelihood of business continuity and the RTO’s capacity to achieve quality outcomes, as outlined in the Financial Viability Risk Assessment Requirements 2011. ASQA considers this against the potential for adverse consequences if your entity collapses or becomes unviable and makes a judgement about whether the level of risk is acceptable, unacceptable, or requires additional controls. To enable a preliminary financial viability risk assessment, the initial registration application requires the applicant to provide:
    • a range of financial sustainability information
    • independent certification.

ASQA may also require your RTO to undergo a financial viability risk assessment at any other time. (clause 7.2)

  • Compliance and reporting: The RTO must make sure it complies with the SRTO’s 2015, other Commonwealth, State and Territory legislation and regulatory requirements relevant to its operations, at all times, including where services are being delivered on its behalf. The RTO is required to provide an annual declaration on compliance to confirm whether it:
    1. currently meets the requirements of the Standards across all its scope of registration and has met the requirements of the Standards for all AQF [Australian Qualifications Framework] certification documentation it has issued in the previous 12 months.
    2. has training and assessment strategies and practices in place that ensure that all current and prospective learners will be trained and assessed in accordance with the requirements of the Standards.

RTOs are also required to make sure its staff and clients are informed of any changes to legislative and regulatory requirements that affect the services delivered. (clauses 2.1 and 8.4 to 8.6)

  • Recording, monitoring and reporting third-party arrangements: All third-party arrangements must have a written agreement, the RTO must have sufficient strategies and resources to systematically monitor any services delivered on its behalf, and notifies the Regulator:
  1. of any written agreement entered into under clause 2.3 for the delivery of services on its behalf within 30 calendar days of that agreement being entered into or prior to the obligations under the agreement taking effect, whichever occurs first, and
  2. within 30 calendar days of the agreement coming to an end.  (clauses 2.3, 2.4 and 8.3)
  • Holding public liability insurance: RTOs are responsible for ensuring they hold public liability insurance throughout their registration period. Your RTO must hold public liability insurance to cover all training and/or assessment activities it provides as an RTO. (clause 7.4)
  • Meeting Data Provision Requirements:

RTOs are responsible for providing accurate information about their performance and governance in accordance with clause 7.5.
The Data Provision Requirements outline information that your RTO is required to submit. Apart from information required with applications, this falls generally into two categories:
Australian Vocational Education and Training Management Information Statistical Standard (AVETMISS) data
Quality Indicator Data.
Data such as national training activity is very important—this informs decision-making about policies and funding for the national VET system and allows measurement of the system’s performance.
The quality indicator data provides information for RTOs about their students’ experiences of their services and can be used to continuously improve the quality of the training for students and employers. (clause 7.5)
Providing requested information to ASQA:
RTOs are responsible for:

  • Cooperating with ASQA
  • Ensuring any third party delivering services on the RTO’s behalf is required to cooperate with ASQA.

Your RTO and any third parties delivering services on your behalf must cooperate with ASQA in responding to requests for information, undergoing audits and managing records. The information you and third parties provide to ASQA must be accurate, truthful and authentic. Any documentation provided at audit must be an accurate representation of your RTO’s practices.
You must notify ASQA within 90 days of the following:

  • Changes to executive officers or high managerial agents
  • Changes to financial administration status (e.g. liquidators being appointed)
  • Changes to legal name or type of legal entity
  • Changes to ownership, directorship or control (including changes to parent entities)
  • Significant mergers or associations with other RTOs
  • Registration (or application) with other education regulators (e.g. higher education provider with the Tertiary Education Quality Standards Agency)
  • Anything that may affect the fit and proper person status of an influential representative of the RTO
  • Changes to any fundamental funding/revenue source (e.g. access to or loss of government funding contract allocation)
  • Changes to the RTO’s business strategy (e.g. more to online delivery, assessment-only delivery, offshore delivery)
  • Delivery to apprentices or trainees employed under a training contract
  • Any other significant event.

(clauses 8.1 and 8.2).
In the next post we will look into the “quality assurance” requirements and obligations for your RTO.
To be continued…

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