Scope and timing
Q: Why is the Australian Government establishing a national VET regulator?
A: The move towards a nationally consistent environment of VET regulation has long been a policy goal of Australian governments. National standards for training providers have been in place since the model clauses for state legislation were introduced in 2002.
On 7 December 2009 the Council of Australian Governments’ (COAG) agreed to establish a new, independent national regulator for the vocational education and training (VET) sector.
The national VET regulator will regulate the vocational education and training sector to ensure national standards are met and to assure the quality of qualifications and skills issued by registered training organisations.
The regulator will be responsible for registering and auditing registered training providers and accrediting VET courses in accordance with new legislation before the Australian Parliament.
The national regulator will register all providers that:
- operate in a territory or referring state, or
- enrol international students in VET.
Western Australian and Victorian regulators will retain responsibility for regulating training providers that:
- operate only within those jurisdictions, and
- that do not have international students.
Although Western Australia and Victoria have chosen to retain their powers, they have agreed to introduce mirroring legislation to ensure national consistency.
A separate body, the National Standards Council, will be established to provide advice to the Ministerial Council for Tertiary Education and Employment (MCTEE) on national standards for regulation, including registration, quality assurance and accreditation of VET qualifications.
Q: When will the new arrangements take effect?
A: On 10 February 2011, the Senate jointly referred the legislation to establish the national VET regulator - comprising the National VET Regulator Bill 2010 [2011], the National VET Regulator Transitional Provisions Bill 2010 [2011], and the National VET Regulator (Consequential Amendments) Bill 2011 - to the Education, Employment and Workplace Relations Legislation Committee for inquiry and report.
The Committee reported to the Senate on 21 March 2011 and recommended that the Bills be passed in their current form with amendments to be made in the future.
The legislation was passed by the Senate on 23 March 2011 and by the House of Representatives on 24 March 2011.
The national VET regulator will commence operations on 1 July 2011.
The timetable for transferring regulatory responsibility from the states and territories to the national regulator varies. New South Wales, the Australian Capital Territory and the Northern Territory will move across from the establishment date. Queensland, South Australian and Tasmania are anticipated to transfer responsibility before the end of 2011.
More information about the transition will be published on the national VET regulator website—which will be launched in April.
Q. How will the National VET Regulator be funded?
A: COAG has determined that the national VET regulator will operate on a cost recovery basis. The 2010-11 Commonwealth budget allocated $55.1 million for activity related to the establishment and operation of the national VET regulator over the next four years to 2013-14.
Fees for regulation will be agreed by the Ministerial Council for Tertiary Education and Employment (MCTEE). Further information on the Budget 2010–11 can be found at our Budget Page.
Providers in Victoria and Western Australia
Q: How will the introduction of the national VET regulator affect registered training organisations (RTOs) registered in WA or Victoria?
A: While final details are still being negotiated with WA and Victoria, it is expected that some West Australian and Victorian RTOs will be registered with the new regulator. RTOs currently registered in Victoria and Western Australia will need to move their registration to the national VET regulator if:
- they deliver services to international students under the Education Services to Overseas Students (ESOS) Act 2000, or
- if they also provide services in a territory or referring state.
RTOs currently registered in Victoria or Western Australia will remain registered with their state regulator if:
- they provide services to domestic students only, and
- they provide services in Victoria only, Western Australia only, or Victoria and Western Australia only.
Further information will be provided when negotiations have been finalised.
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Provider registration
Q: If I am currently registered with a state or territory regulator, will I need to re-register?
A: If you are already registered with a state or territory registering authority, in most cases, your existing regulator will manage the transfer of your registration and records to the national VET regulator.
If you are an RTO registered in NSW, NT or the ACT, your existing regulator will manage the transfer of your registration and records to the national VET regulator once the national regulator commences operations.
For several states (Tas, Qld, SA) there will be a period of time when both the state registering body and the national regulator are operational. This will continue until the relevant state body refers its registering powers to the national body and ceases to operate as a registering authority. During that time, you must continue to be registered with your state registering body.
More information about the transfer of records and registration will be available through the national VET regulator’s website, which will be launched in April.
Q: If I am currently registered with the National Audit and Registration Authority (NARA), will I need to re-register?
A: NARA manages RTOs’ registrations under delegation from state and territory registering bodies. As such, if you are a NARA-registered RTO, when your registration will transfer to the national VET regulator will depend on your state or territory.
Contact NARA to seek clarification about your registration.
Quality standards
Q: What will be the relationship between the National Standards Council and the national regulator?
A: The National Standards Council will make recommendations about the standards for regulating VET to the Ministerial Council for Tertiary Education and Employment (MCTEE).
The national regulator will implement the standards approved by MCTEE.
Audit process
Q: How will national regulation work, given there is currently variation between states and territories?
A: The national regulator’s approach will be guided by a determination of best practice, informed by an understanding of the existing arrangements. All compliance will continue to be measured against the Australian Quality Training Framework (AQTF). The national VET regulator will promote consistency in interpretation of the AQTF. Stakeholder feedback will also be considered.
Q: How will the national regulator ensure a consistent approach to auditing and regulation?
A: Under the national system there will be a strong focus on auditor training and audit moderation in order to ensure consistency, and maintain quality and service standards.
Q: Will the national regulator change audit requirements associated with occupational licensing?
A: No. It is proposed that the national regulator will be able to enter into relationships with licensing and other regulatory bodies, as occurs in the current system.
Q: Will states and territories still be undertaking funding audits for user-choice etc?
A: Yes. States and territories will remain responsible for issues related to funding.
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VET in schools
Q: How will the regulator deal with VET that is being delivered in schools?
A: All registered training organisations operating in jurisdictions other than Victoria and Western Australia will be regulated by the new body.
The Commonwealth is in negotiations with states and territories where delegated arrangements exist for the regulation of schools which are registered training organisations. Further information about on-going arrangements in this area will be available following passage of the relevant legislation in the Commonwealth Parliament.
Transition arrangements
Q: Will there be a transition period?
A: In most cases, your existing regulator will manage your transfer to the national system. If this is not the case, there will be a transition period for transfer of registration from state and territory regulators to the national regulator.
Arrangements will be put in place to ensure providers have sufficient time to transition to the new system. The national VET regulator website will provide detailed information about transition arrangements to providers following the passage of the relevant legislation in the Commonwealth Parliament.
Q: How will course accreditation work under the new national system?
A: Once the national VET regulator commences operations, it will have the capacity to accredit courses from anywhere in Australia. VET courses will continue to be accredited until their existing accreditation expires. The owners of accredited courses can choose to renew their accreditation with the national VET regulator, or with the existing regulators in Victoria and Western Australia.
Relationship between the Regulator and the Tertiary Education Quality and Standards Agency (TEQSA)
Q: Will the VET regulator merge with the Tertiary Education Quality and Standards Agency (TEQSA) in 2013?
A: The Australian Government intends for TEQSA and the national VET regulator to merge into a single regulator in 2013. At present, states and territories have not agreed to this merger - there will need to be further negotiations undertaken.
However, work on the development of the national VET regulator and TEQSA is being undertaken in close consultation. This consultation will ensure consistent processes which will facilitate a merger (should it be agreed by all jurisdictions).
Fees and charges
Q: How will fees and charges change under national regulation?
A: Fees and charges are yet to be determined. More information will be available closer following the passage of legislation establishing the new regulator.
More information
Q: Will there be offices where registered training organisations (RTOs) can seek assistance?
A: The regulator will have offices in each state and territory.
Q: Will there be a dedicated website for the new national regulator?
A: The national VET regulator website will be launched in April.
Initially, the site will contain general information about the new regulator and further details about the transition process.
The national VET regulator site will include an up-to-date list of frequently asked questions, and RTOs will be able to ask their own questions through a dedicated email address.
Q: Where can I find more information?
A: Visit national VET regulator regularly for the latest information.
You can also subscribe to receive regular email updates about the establishment of the national regulator
You can also email your questions to us directly at VETregulator@deewr.gov.au. We aim to respond to all queries within two working days.
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