Australian Skills Quality Authority Instrument Fixing Fees Amendment Determination (No. 1) 2018 (Cth)

Australian Skills Quality Authority Instrument Fixing Fees Amendment Determination (No. 1) 2018

I, Simon Birmingham, Minister for Education and Training, make the following determination.

Dated 2 July 2018

Simon Birmingham

Minister for Education and Training

Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Purpose......................................................................................................................... 1

5............ Amendments to the Australian Skills Quality Authority instrument fixing fees No.1 of 2013   2

1  Name

(1)  This instrument is the Australian Skills Quality Authority Instrument Fixing Fees Amendment Determination (No. 1) 2018.

2  Commencement

(1)This instrument commences on the later of:

(a)    1 July 2018; or

(b)the day after this instrument is registered on the Federal Register of Legislation.

(2)For the avoidance of doubt, the fees set out in this instrument only apply in respect of applications received by the National VET Regulator for the matters set out in section 5 on, or after, the commencement of this instrument, and the fees previously specified in the Australian Skills Quality Authority instrument fixing fees No.1 of 2013 continue to apply to applications received prior to that date.

3  Authority

(1) This instrument is made under section 232 of the National Vocational Education and Training Regulator Act 2011.

4   Purpose

(1)The purposes of this instrument are to:

(a)determine fees that may be charged by the National VET Regulator for goods and services it provides in performing its functions under paragraph 16(3)(b), subsection 17(4), subsection 31(2), paragraph 32(2)(b), paragraph 41(4)(b), paragraph 43(2)(b), subsection 50(2), subparagraph 51(3)(b)(ii), and paragraph 200(3)(c), of the National Vocational Education and Training Regulator Act 2011;

(b)determine fees that may be charged by the National VET Regulator for goods and services it provides in performing its functions as an ESOS Agency under the Education Services for Overseas Students Act 2000; and

(c)amend the Australian Skills Quality Authority instrument fixing fees No.1 of 2013.

5   Amendments to the Australian Skills Quality Authority instrument fixing fees No.1 of 2013

(1)Part 1 of the Australian Skills Quality Authority instrument fixing fees No, 1 of 2013 is amended as follows:

(a)repeal the definition of Qualification in section 6, and substitute:

Qualification includes:

(a)    training package qualifications and VET accredited courses and programs (including English Language Intensive Courses for Overseas Students, known as ELICOS); and

(b)   for a single qualification, any number of units of competency in relation to the qualification.

(2)Schedule A in Part 2 of the Australian Skills Quality Authority instrument fixing fees No.1 of 2013 is repealed and substituted with:

Schedule A: Schedule of Fees

1.     NVR registered training organisation fees

(a)For each fee specified in column 1, the fee is determined by applying the fee structure specified in column 2 to the amount specified in column 3 and is subject to the conditions in column 4.

(b)The imposition of the fees set out in this Schedule A is subject to matters specified in Schedule B.

1.1   Initial registration as a NVR registered training organisation
Column 1	Column 2	Column 3	Column 4
Ref	Fee	Fee Structure	Amount	Other matters
1.1.1	Initial Application lodgement fee The fee payable under paragraph 16(3)(b) of the National Vocational Education and Training Regulator Act 2011 by a person applying for registration as an NVR registered training organisation.	Per application	$500	·  Paid on application
1.1.2	Initial Application assessment fee The fee that may be charged by ASQA under subsection 17(4) of the National Vocational Education and Training Regulator Act 2011 as a registration assessment fee when considering an application for registration as an NVR registered training organisation.	Per application	$8,000	·  Paid on invoice

1.2	1.2   Renewal of registration as an NVR registered training organisation
Column 1	Column 2	Column 3	Column 4
Ref	Fee	Fee Structure	Amount	Other matters
1.2.1	Renewal Application fee The fee payable under subsection 31(2) of the National Vocational Education and Training Regulator Act 2011 by a person applying for renewal of registration as an NVR registered training organisation.	Per application	$500	·  Paid on application
1.3	1.3   Change to NVR registered training organisation scope of registration
Column 1	Column 2	Column 3	Column 4
Ref	Fee	Fee Structure	Amount	Other matters
1.3.1	Change of Scope Application  fee The fee payable under paragraph 32(2)(b) of the National Vocational Education and Training Regulator Act 2011 by an NVR registered training organisation when it makes an application to add to its scope of registration.	Per application	$500	·  Paid on application

2.     Fees for functions performed by ASQA as an ESOS Agency

(a)For each fee specified in column 1, the fee is determined by applying the fee structure specified in column 2 to the amount specified in column 3 and is subject to the conditions in column 4.

(b)The imposition of the fees set out in this Schedule A is subject to matters specified in Schedule B.

2.1 Initial CRICOS registration
Column 1		Column 2	Column 3	Column 4
Ref	Fee		Fee structure		Amount	Other matters
2.1.1	Initial Application lodgement fee The fee that may be charged when ASQA, as an ESOS Agency, receives an application from a provider that wishes to be registered to provide a qualification or qualifications at a delivery site or delivery sites to overseas students.		Per application		$500	·  Paid on application
2.1.2	Initial Application assessment fee The fee that may be charged when ASQA, as an ESOS Agency, considers a provider’s application for registration.		Base fee includes: ·  Up to 4 qualifications ·  Up to 2 delivery site Plus:		$8,000	·  Paid on invoice ·  Total application fee (including lodgement and assessment) capped at $50,000
			·  each additional qualification		$155
			·  each additional delivery site		$1,640

2.2     Renewal of CRICOS registration
Column 1	Column 2	Column 3	Column 4
Ref	Fee	Fee structure	Amount	Other matters
2.2.1	Application lodgement fee The fee that may be charged when ASQA, as an ESOS Agency, receives an application from a provider that wishes to renew its registration.	Per application	$500	·  Paid on application
2.2.2	Application assessment fee The fee that may be charged when ASQA, as an ESOS Agency, considers a provider’s application for renewal of registration.	Base fee includes: ·  Up to 4 qualifications ·  Up to 2 delivery sites Plus:	$7,000	·  Paid on application Total application fee (including lodgement and assessment) capped at $50,000
		·  each additional qualification	$155
		·  each additional delivery site	$820

2.3    Change to scope of CRICOS registration
Column 1	Column 2	Column 3	Column 4
Ref	Fee	Fee structure	Amount	Other matters
2.3.1	Change of Scope Application fee The fee that may be charged when ASQA, as an ESOS Agency, receives an application from a provider that wishes to increase student capacity or add one or more qualifications at one or more delivery sites to its registration.	Add 1 qualification	$500	·  Paid on application
		Plus	$150 per each additional qualification
		Additional student capacity and/or one additional (or replacement) delivery site, Plus: Each additional (or replacement) delivery site	$1,640 per application $820 per additional delivery site

3.     VET Course accreditation fees

(a)For each fee specified in column 1, the fee is determined by applying the fee structure specified in column 2 to the amount specified in column 3 and is subject to the conditions in column 4.

(b)The imposition of the fees set out in this Schedule A is subject to matters specified in Schedule B.

3.1   Initial VET course accreditation
Column 1	Column 2	Column 3	Column 4
Ref	Fee	Fee structure	Amount	Other matters
3.1.1	Course Accreditation Application fee The fee payable under paragraph 43(2)(b) of the National Vocational Education and Training Regulator Act 2011 by a person who applies for accreditation of a course as a VET accredited course.	Each new application requires the payment of a: (a) single application fee; and (b)  fee for each course listed in the application.	(a) Application fee is $500; (b) Course assessment fee is $7,570.	(a) Paid on application (b) Paid on invoice

3.2     Renewal of VET course accreditation
Column 1	Column 2	Column 3	Column 4
Ref	Fee	Fee structure	Amount	Other matters
3.2.1	Course Renewal Application fee The fee payable under subsection 50(2) of the National Vocational Education and Training Regulator Act 2011 by a person who applies to renew the accreditation of a VET accredited course.	Each new application requires the payment of a: (a) single application fee; and (b)  fee for each course listed in the application.	(a) Application fee is $500; (b) Course assessment fee is $7,570.	(a) Paid on application (b) Paid on invoice

3.3     Amendment to a VET accredited course
Column 1	Column 2	Column 3	Column 4
Ref	Fee	Fee structure	Amount	Other matters
3.3.1	Application to Amend a VET Accredited Course The fee payable under subparagraph 51(3)(b)(ii) of the National Vocational Education and Training Regulator Act 2011 by a person who makes an application for a VET accredited course to be amended.	Per course – minor amendment Per course – major amendment	$1,145 $2,290	·  Paid on application

Note:    Minor amendments include:

-Amendments to VET accredited courses that include training package units in the course structure that have been superseded and are deemed equivalent; and

-Amendments to VET accredited courses that include training package units deemed not equivalent but do not impact on the outcome of the course; and

-Amendment to wording in sections of the VET accredited course document to reflect current industry practices/requirements, entry requirements, assessment strategy including performance evidence, trainer/assessor requirements.

Major amendments include:

-   Amendments to VET accredited courses that include training package units that have been deleted from the parent training package;

-   Amendments to VET accredited courses to include additional training package units as electives that do not impact on the outcome of the course; and

-   Amendments to VET accredited courses to include additional enterprise units as elective options that do not impact on the outcome of the course.

4.Other fees

4.1    Request for review by ASQA of a decision made by a person or body with delegation to make a decision under section 224 or 225 of the Act
Column 1	Column 2	Column 3	Column 4
Ref	Fee	Fee Structure	Amount	Other matters
4.1.1	Reconsideration Application The fee payable under paragraph 200(3)(c) of the National Vocational Education and Training Regulator Act 2011 by a person affected by a reviewable decision made under a delegation under section 224 or 225 of that Act, and who applies for a review of that decision.	Per application	$1,000	·  Paid on application
4.1.2	Reassessment Application The fee payable under paragraph 41(4)(b) of the National Vocational Education and Training Regulator Act 2011 by an NVR registered training organisation where it requests ASQA to reassess its position in relation to the matters identified in subsections 41(1) and 41(2)	Per application Plus Per hour per officer for each subsequent hour after the fourth hour of work	$1,000 Plus $275	·  Paid on application ·  Covers up to 4 hours’ work ·  Paid upon invoice

(3)Schedule B in Part 2 of the Australian Skills Quality Authority instrument fixing fees No.1 of 2013 is amended as follows:

(a)repeal section 1;

(b)repeal subsection 3 (b);

(c)repeal subsection 3 (d), and substitute:

(d)If ASQA has not received written notification in accordance with subsection 3 (a) or (c) of this section, the person shall not be entitled to a refund / reduction of the relevant fee(s).