National Vocational Education and Training Regulator (Charges) Determination 2026

Administered by Department of Employment and Workplace Relations

Legislation au F2026L00816 In force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the authority of Andrew Giles, Minister for Skills and Training

National Vocational Education and Training Regulator (Charges) Act 2012

National Vocational Education and Training Regulator (Charges) Determination 2026

 

AUTHORITY

The National Vocational Education and Training Regulator (Charges) Determination 2026 (the Instrument) is made under subsection 6B(1), subsection 9(2), subsection 12(2) and paragraph 13(b) of the National Vocational Education and Training Regulator (Charges) Act 2012 (the Act).

Subsection 6B(1) of the Act empowers the Minister to, by legislative instrument, determine an amount of National VET Regulator annual registration charge for a financial year, or a method for working out such an amount, payable by a person to whom section 232A of the National Vocational Education and Training Regulator Act 2011 (NVETR Act) applies, for the purposes of that section. Paragraph 6B(2)(b) of the Act prohibits the Minister from determining the amount of the charge or method unless the Ministerial Council has agreed to the amount or method. The Ministerial Council has agreed to the method set out in the Instrument in accordance with section 191 of the NVETR Act.

Subsection 9(2) of the Act requires the Minister to, by legislative instrument, determine the formula for calculating a charge payable under Part 2 of the Act (a charge for a compliance audit).

Subsection 12(2) of the Act requires the Minister to, by legislative instrument, determine the formula for calculating a charge payable under Part 3 of the Act (a charge for the investigation of a complaint about an NVR registered training organisation).

Paragraph 13(b) of the Act empowers the Minister to, by legislative instrument, determine the circumstances in which the National VET Regulator (the Regulator) may, on behalf of the Commonwealth, waive a charge under the Act (in whole or in part).

Subsection 33(3) of the Acts Interpretation Act 1901 provides that, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Paragraph 54(1)(a) of the Legislation Act 2003 has the effect of exempting an instrument from sunsetting (see Part 4 of the Legislation Act 2003) if the enabling legislation for the instrument:

  • facilitates the establishment or operation of an intergovernmental body or scheme involving the Commonwealth and one or more States or Territories; and
  • authorises the instrument to be made by the body or for the purposes of the body or scheme.

The Act and the NVETR Act establish a national scheme for the regulation of vocational education and training, giving effect to the matters set out in the Intergovernmental Agreement for Regulatory Reform in Vocational Education and Training. Given the Instrument facilitates the operation of, and is made for the purposes of, this intergovernmental scheme, the Instrument is not subject to sunsetting.

However, the Instrument is subject to disallowance, as expressly stated in subsection 6B(3) of the Act.

PURPOSE AND OPERATION

The Instrument repeals and replaces the National Vocational Education and Training Regulator (Charges) Determination 2022 to determine:

  • an updated method for working out an amount of National VET Regulator annual registration charge for a financial year payable by a person to whom section 232A of the NVETR Act applies, for the purposes of that section;
  • updated formulas for calculating charges for compliance audits;
  • an updated formula for calculating a charge for the investigation of a complaint about an NVR registered training organisation.

Following a review in 2025 of the Regulator’s cost recovery model and Cost Recovery Implementation Statement (CRIS), revisions have been made to the amounts the Regulator charges in relation to legislated charges for provider registration and regulation.  The revised amounts were the subject of consultation with providers and vocational education and training (VET) stakeholders (refer to consultation section below).

The revised charges represent the efficient overall cost of providing regulatory services to regulated entities, noting that charges have not been indexed or changed since 2022.

The Regulator’s operating model focuses its resources on assessments where the risks to students, training quality and sector integrity are highest. Since the last CRIS, the Regulator has been increasingly responding to risks associated with the VET sector being targeted due to:

  • its role as a gateway to industries frequently exploited by criminal networks, where holding a VET qualification is necessary to operate
  • its connection to the visa system through international students, and
  • its unique role in enabling individuals to gain access to employment.

The revised charging model factors in heightened scrutiny processes and regulatory activities associated with monitoring provider compliance, better reflecting the regulatory effort associated with these activities.

The updated method for determining the annual registration charge, takes into account the inclusion of new activities such as the VET tip-off line, expanded intelligence functions and student assessment validation to ensure qualifications integrity. The delivery of training to international students introduces unique risks to providers operating under the Education Services for Overseas Students Act 2000 (ESOS Act) that do not typically apply to domestic VET providers. As such, this increased scrutiny and regulatory oversight (by the Regulator as the ‘ESOS agency’ for ESOS registered VET providers) is reflected in the updated annual registration charge calculation where a provider is registered under both the ESOS and NVETR Acts. Where providers are registered only in the domestic market or to provide English language courses to overseas students, the costs are proportionate to the regulatory oversight required. Where a provider’s registration type changes during the course of a financial year, the amount of annual registration charge will be adjusted accordingly, on a pro-rata basis.

Costs associated with compliance audits are updated to remove hourly rates and are replaced with fixed charges and a scaled classification approach reflecting differing levels of audit complexity. Four compliance audit performance assessment categories are established based on risk, ranging from simple, targeted checks to large-scale complex audits to assess provider compliance.

Providers will be notified of their initial category and associated cost at the start of a compliance audit. If the scope expands during an audit, the provider will be informed of the change, why it is required and, the relevant audit performance assessment category and cost associated with moving up the scale. Where performance issues or non-compliance persist, providers will be required to enter into a Compliance Audit Resolution Pathway. Each charge imposed for a Compliance Audit in the Performance Assessment Category and Resolution Pathway operates on a noncumulative basis within each group. For each group, a provider is liable for only one charge, being the charge for the highest category or resolution pathway reached during the audit process. A provider may, however, be liable for a charge under both groups, as well as any other compliance audit charges that are otherwise payable.

Compliance Audit Resolutions will follow a four-tiered pathway structure to encourage providers to rectify non-compliance issues efficiently with each tier charged at a fixed rate. The tiers reflect the level of effort and complexity involved in reaching a compliance resolution and do not reflect the size of a provider or the severity of non-compliance. If the level of regulatory effort and complexity involved in resolving the non-compliance increases, the provider will progress through to the next tier. The tiered pathway approach will ensure resolution processes are more transparent and cost efficient and encourage providers to rectify issues in a timely manner.

In accordance with the requirements of the Act, the costs for investigating a complaint about an NVR registered training provider are only payable where the investigation findings substantiate the allegation. This charge is revised to provide a fixed fee, improving transparency for regulated entities.

The instrument also expands compliance audits to include the following categories:

  • Onsite Compliance Visit - a stand-alone compliance audit to verify a performance issue or concern that cannot be validated online or through documents
  • Student Assessment Compliance Validation - a specialised compliance activity per student focused on validating student assessment
  • Financial Viability Assessment Audit - a specialised forensic assessment focused on financial viability, conducted as a standalone activity or alongside other regulatory processes (for example, application to renew registration as a registered training organisation).

Overall, the revised charging model improves transparency and enhances an entity’s ability to forecast and manage its future financial obligations in respect of audit and performance monitoring activities conducted by the Regulator.

The Regulator’s cost model was developed in consultation with the Department of Finance (DoF) to ensure alignment with the Australian Government Charging Framework and the Cost Recovery Policy.

COMMENCEMENT

The instrument commences on 1 July 2026.

CONSULTATION

The Australian Government Department of Employment and Workplace Relations worked closely with the Regulator, also known as the Australian Skills Quality Authority (ASQA), in the preparation of the instrument.

Clause 5.2.1 of the Intergovernmental Agreement for Regulatory Reform in Vocational Education and Training states that the Commonwealth will consult with states and territories on proposals to make amendments to the National VET Regulator legislation.

State and territory governments have been consulted regarding the making of the Instrument. No concerns were raised in relation to the updated methods and formulas.

In June 2026, the Commonwealth Minister for Skills and Training wrote to the other members of the Ministerial Council, comprising state and territory skills ministers, to inform them of the proposed charges amounts and to seek their agreement (as required under paragraph 6B(2)(b) of the Act). The Ministerial Council’s agreement to the proposed charges amounts was subsequently given in accordance with section 191 of the Act.

Representatives from the VET sector were also consulted regarding the proposed charges. From 28 January to 27 February 2026, ASQA conducted public consultations on the CRIS via its website, a public webinar and through targeted engagement with sector peak bodies via ASQA’s VET Sector Strategic Forum and through various individual discussions. ASQA worked closely with DoF on the cost model outlined in the CRIS. The final cost model was agreed by DoF on 29 April 2026, and the CRIS was approved by the Commonwealth Minister for Skills and Training on 7 May 2026.

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

National Vocational Education and Training Regulator (Charges) Determination 2026

 

The National Vocational Education and Training Regulator (Charges) Determination 2026 (the instrument) is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the disallowable legislative instrument

Authority

The National Vocational Education and Training Regulator (Charges) Determination 2026 (the Instrument) is made under subsection 6B(1), subsection 9(2), subsection 12(2) and paragraph 13(b) of the National Vocational Education and Training Regulator (Charges) Act 2012 (the Act).

Subsection 6B(1) of the Act empowers the Minister to, by legislative instrument, determine an amount of National VET Regulator annual registration charge for a financial year, or a method for working out such an amount, payable by a person to whom section 232A of the National Vocational Education and Training Regulator Act 2011 (NVETR Act) applies, for the purposes of that section. Paragraph 6B(2)(b) of the Act prohibits the Minister from determining the amount of the charge or method unless the Ministerial Council has agreed to the amount or method. The Ministerial Council has agreed to the method set out in the Instrument in accordance with section 191 of the NVETR Act.

Subsection 9(2) of the Act requires the Minister to, by legislative instrument, determine the formula for calculating a charge payable under Part 2 of the Act (a charge for a compliance audit).

Subsection 12(2) of the Act requires the Minister to, by legislative instrument, determine the formula for calculating a charge payable under Part 3 of the Act (a charge for the investigation of a complaint about an NVR registered training organisation).

Paragraph 13(b) of the Act empowers the Minister to, by legislative instrument, determine the circumstances in which the National VET Regulator (the Regulator) may, on behalf of the Commonwealth, waive a charge under the Act (in whole or in part).

Subsection 33(3) of the Acts Interpretation Act 1901 provides that, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Paragraph 54(1)(a) of the Legislation Act 2003 has the effect of exempting an instrument from sunsetting (see Part 4 of the Legislation Act 2003) if the enabling legislation for the instrument:

  • facilitates the establishment or operation of an intergovernmental body or scheme involving the Commonwealth and one or more States or Territories; and
  • authorises the instrument to be made by the body or for the purposes of the body or scheme.

The Act and the NVETR Act establish a national scheme for the regulation of vocational education and training, giving effect to the matters set out in the Intergovernmental Agreement for Regulatory Reform in Vocational Education and Training. Given the Instrument facilitates the operation of, and is made for the purposes of, this intergovernmental scheme, the Instrument is not subject to sunsetting.

However, the Instrument is subject to disallowance, as expressly stated in subsection 6B(3) of the Act.

Purpose and operation

The Instrument repeals and replaces the National Vocational Education and Training Regulator (Charges) Determination 2022 to determine:

  • an updated method for working out an amount of National VET Regulator annual registration charge for a financial year payable by a person to whom section 232A of the NVETR Act applies, for the purposes of that section;
  • updated formulas for calculating charges for compliance audits;
  • an updated formula for calculating a charge for the investigation of a complaint about an NVR registered training organisation.

Following a review in 2025 of the Regulator’s cost recovery model and Cost Recovery Implementation Statement (CRIS), revisions have been made to the amounts the Regulator charges in relation to legislated charges for provider registration and regulation.  The revised amounts were the subject of consultation with providers and vocational education and training (VET) stakeholders (refer to consultation section below).

The revised charges represent the efficient overall cost of providing regulatory services to regulated entities, noting that charges have not been indexed or changed since 2022.

The Regulator’s operating model focuses its resources on assessments where the risks to students, training quality and sector integrity are highest. Since the last CRIS, the Regulator has been increasingly responding to risks associated with the VET sector being targeted due to:

  • its role as a gateway to industries frequently exploited by criminal networks, where holding a VET qualification is necessary to operate
  • its connection to the visa system through international students, and
  • its unique role in enabling individuals to gain access to employment.

The revised charging model factors in heightened scrutiny processes and regulatory activities associated with monitoring provider compliance, better reflecting the regulatory effort associated with these activities.

The updated method for determining the annual registration charge, takes into account the inclusion of new activities such as the VET tip-off line, expanded intelligence functions and student assessment validation to ensure qualifications integrity. The delivery of training to international students introduces unique risks to providers operating under the Education Services for Overseas Students Act 2000 (ESOS Act) that do not typically apply to domestic VET providers. As such, this increased scrutiny and regulatory oversight (by the Regulator as the ‘ESOS agency’ for ESOS registered VET providers) is reflected in the updated annual registration charge calculation where a provider is registered under both the ESOS and NVETR Acts. Where providers are registered only in the domestic market or to provide English language courses to overseas students, the costs are proportionate to the regulatory oversight required. Where a provider’s registration type changes during the course of a financial year, the amount of annual registration charge will be adjusted accordingly, on a pro-rata basis.

Costs associated with compliance audits are updated to remove hourly rates and are replaced with fixed charges and a scaled classification approach reflecting differing levels of audit complexity. Four compliance audit performance assessment categories are established based on risk, ranging from simple, targeted checks to large-scale complex audits to assess provider compliance.

Providers will be notified of their initial category and associated cost at the start of a compliance audit. If the scope expands during an audit, the provider will be informed of the change, why it is required and, the relevant audit performance assessment category and cost associated with moving up the scale. Where performance issues or non-compliance persist, providers will be required to enter into a Compliance Audit Resolution Pathway.

Each charge imposed for a Compliance Audit in the Performance Assessment Category and Resolution Pathway operates on a noncumulative basis within each group. For each group, a provider is liable for only one charge, being the charge for the highest category or resolution pathway reached during the audit process. A provider may, however, be liable for a charge under both groups, as well as any other compliance audit charges that are otherwise payable.

Compliance Audit Resolutions will follow a four-tiered pathway structure to encourage providers to rectify non-compliance issues efficiently with each tier charged at a fixed rate. The tiers reflect the level of effort and complexity involved in reaching a compliance resolution and do not reflect the size of a provider or the severity of non-compliance.

If the level of regulatory effort and complexity involved in resolving the non-compliance increases, the provider will progress through to the next tier. The tiered pathway approach will ensure resolution processes are more transparent and cost efficient and encourage providers to rectify issues in a timely manner.

In accordance with the requirements of the Act, the costs for investigating a complaint about an NVR registered training provider are only payable where the investigation findings substantiate the allegation. This charge is revised to provide a fixed fee, improving transparency for regulated entities.

The instrument also expands compliance audits to include the following categories:

  • Onsite Compliance Visit - a stand-alone compliance audit to verify a performance issue or concern that cannot be validated online or through documents
  • Student Assessment Compliance Validation - a specialised compliance activity per student focused on validating student assessment
  • Financial Viability Assessment Audit - a specialised forensic assessment focused on financial viability, conducted as a standalone activity or alongside other regulatory processes (for example, application to renew registration as a registered training organisation).

Overall, the revised charging model improves transparency and enhances an entity’s ability to forecast and manage its future financial obligations in respect of audit and performance monitoring activities conducted by the Regulator.

The Regulator’s cost model was developed in consultation with the Department of Finance to ensure alignment with the Australian Government Charging Framework and the Cost Recovery Policy.

Human rights implications

The instrument engages the following rights:

  • the right to education in Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), read with Article 2, and Article 1 of the International Labour Organization’s Human Resources Development Convention (ILO Convention No. 142); and
  • the right to work in Article 6 of the ICESCR, read with Article 2, and Article 1 of the International Labour Organization’s Employment Policy Convention (ILO Convention No. 122).

Right to education

Article 2(1) of the ICESCR provides that each State Party to the ICESCR undertakes to take steps to the maximum of its available resources, with a view to achieving progressively the full realisation of the rights recognised in that Covenant by all appropriate means, including particularly the adoption of legislative measures.

Article 13(1) of the ICESCR provides that the State Parties to the covenant:

         recognise the right of everyone to education;

         agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms; and

         agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all the nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

Article 13(2)(b) of the ICESCR provides that secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education.

Article 1(1) of the ILO Convention 142 provides that each State Party to the convention shall adopt and develop comprehensive and coordinated policies and programs of vocational guidance and vocational training, closely linked with employment.

The updated charging methods and formulas in the instrument represent the efficient overall cost of providing regulatory services to regulated entities. The changes reflect government priorities to strengthen and expand regulatory activity to protect the quality of training provided to students and safeguard qualifications integrity. Further, charges have not been indexed or changed since 2022. The adjusted charging amounts ensure the Regulator and the relevant ESOS agency continue to recover the majority of the costs associated with their regulatory activities in a clear and transparent manner, in turn promoting effective and efficient regulation of the sector. Properly resourcing the Regulator and ESOS agencies protects and maintains the quality and integrity of Australia’s VET and international education systems. A strong vocational and education system promotes and supports the right to education.

Right to work

Article 6(1) of the ICESCR provides that State Parties to the convention recognised the right to work (which includes the right of everyone to the opportunity to gain their living by work which they freely choose or accept) and take appropriate steps to safeguard this right. Article 6(2) of the ICESCR sets out the steps to be taken by the State Parties to achieve the full realisation of that right, including providing technical and vocational guidance and training programs, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedom to the individual.

Article 1(1) of the ILO Convention No. 122 provides that (among other things), with a view to stimulating economic growth and development, raising levels of living, meeting manpower requirements and overcoming unemployment and underemployment, each member shall declare and pursue, as a major goal, an active policy to promote full, productive and freely chosen employment.

The updated charging methods and formulas in the instrument represent the efficient overall cost of providing regulatory services to regulated entities. The changes reflect government priorities to strengthen and expand regulatory activity to protect the quality of training provided to students and safeguard qualifications integrity. Further, charges have not been indexed or changed since 2022. The adjusted charging amounts ensure the Regulator and the relevant ESOS agency continue to recover the majority of the costs associated with their regulatory activities in a clear and transparent manner, in turn promoting effective and efficient regulation of the sector. Properly resourcing the Regulator and ESOS agencies protects and maintains the quality and integrity of Australia’s VET and international education systems. A strong vocational and education system underpins preparedness for employment opportunities, in turn promoting and supporting the right to work.

Conclusion

The instrument is compatible with human rights as it promotes the protection of human rights.

 

Minister for Skills and Training, the Hon Andrew Giles MP

NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR (CHARGES) DETERMINATION 2026

 

EXPLANATION OF PROVISIONS

Part 1 – Preliminary

Section 1 Name

Section 1 provides that the name of the instrument is the National Vocational Education and Training Regulator (Charges) Determination 2026.

Section 2 Commencement

Section 2 provides that the whole of the instrument commences on 1 July 2026.

Section 3  Authority

Section 3 provides that the instrument is made under subsection 6B(1), subsection 9(2), subsection 12(2) and paragraph 13(b) of the National Vocational Education and Training Regulator (Charges) Act 2012.

Section 4 Schedules

Section 4 provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument has effect according to its terms.

Section 5 Definitions

Section 5 defines expressions used in the instrument. The note at the beginning of the section identifies a number of terms used in the instrument that are defined in the Act as having the same meaning as in the National Vocational Education and Training Regulator Act 2011. This includes compliance audit, Data Provision Requirements, National VET Regulator, NVR registered training organisation, scope of registration and VET course.

Act is defined to mean the National Vocational Education and Training Regulator (Charges) Act 2012.

ELICOS is defined to mean English Language Intensive Course for Overseas Students.

National VET Regulator annual registration charge is defined to mean the charge imposed by Part 1A of the Act.

Number of reported students for the previous calendar year is defined to mean the number of unique student enrolments in a VET course or part of a VET course as reported by a person to whom section 232A of the National Vocational Education and Training Regulator Act 2011 applies for the previous calendar year in accordance with the person’s reporting obligations under the Data Provision Requirements.

Section 232A of the National Vocational Education and Training Regulator Act 2011 applies to a person if:

(a)  the person starts or continues to be registered during a financial year under that Act as an NVR registered training organisation; or

(b)  both:

(i)               the person starts or continues to be registered during a financial year under the Education Services for Overseas Students Act 2000 as a registered provider; and

(ii)               the National VET Regulator is the ESOS agency for the registered provider (within the meaning of that Act).

Number of VET courses the organisation is registered to offer on the first day of the financial year is defined to mean the number of unique VET courses a person to whom section 232A of the National Vocational Education and Training Regulator Act 2011 applies is registered to offer on the first day of the financial year, in accordance with its registration under:

(a)  the National Vocational Education and Training Regulator Act 2011;

(b)  the Education Services for Overseas Students Act 2000; or

(c)   both the National Vocational Education and Training Regulator Act 2011 and the Education Services for Overseas Students Act 2000,

as applicable.

Unit of competency is defined to mean the specification of the standards of performance required in the workplace as defined in a training product.

Part 2 – Determination of National VET Regulator annual registration charge

Section 6 Method for working out amount of charge

Subsection 6(1) provides that the method for working out the amount of National VET Regulator annual registration charge payable by a person to whom section 232A of the National Vocational Education and Training Regulator Act 2011 applies for the financial year commencing on 1 July 2026 and each later financial year is worked out in accordance with tables 1, 2 and 3. The amount of the applicable charge differs depending on the provider registration type with different categories of provider recognised in Tables 1, 2 and 3 respectively. Providers holding both an NVR registration and CRICOS registration are required to pay a higher charge than NVR only providers for an equivalent number of courses and students, reflecting the additional level of regulatory effort and oversight required in respect of international students.

Subsection 6(2) provides that Table 1 in the instrument applies if a person to whom section 232A of the National Vocational Education and Training Regulator Act 2011 applies both:

(a)  starts or continues to be registered during the financial year under the National Vocational Education and Training Regulator Act 2011 as an NVR registered organisation; and

(b)  starts or continues to be registered during the financial year under the Education Services for Overseas Students Act 2000 as a registered provider and the National VET Regulator is the ESOS agency for the registered provider under that Act.

Subsection 6(3) provides that if subsection 6(2) applies, the person is taken to discharge their liability to pay a charge for both registrations by paying the applicable amount of the relevant charge in Table 1 once.

Subsection 6(4) provides that subject to section 7, a person who is liable to pay a charge in accordance with Table 1 for a financial year is not liable to pay a charge in accordance with Table 2 or Table 3 for that financial year.

Table 1 is located at the end of subsection 6(4) and sets out the amounts payable by relevant persons by reference to the number of VET courses they are registered to offer on the first day of the financial year and the number of reported students for the previous calendar year.

Subsection 6(5) provides that Table 2 in the instrument applies to a person that starts or continues to be registered during the financial year under the National Vocational Education and Training Regulator Act 2011 as an NVR registered training organisation and does not during that time hold a registration referred to in paragraph 6(2)(b).

Subsection 6(6) provides that for the purposes of Table 2, if the person does not have any VET courses on their scope of registration but has 1 or more units of competency on their scope of registration:

  1.       every 10 units of competency; or
  2.       part of 10 units of competency (for groups of less than 10 units of competency),

is taken to be 1 VET course. For example, if a person has between 11 and 19 units of competency on their scope of registration and no VET courses, this will be counted as 2 VET courses. If a person has 24 units of competency on their scope of registration and 1 VET course, the number of units of competency will be irrelevant because they have a VET course on their scope of registration, and they will be counted as having as 1 VET course.

Table 2 is located at the end of subsection 6(6) and sets out the amounts payable by relevant persons by reference to the number of VET courses they are registered to offer on the first day of the financial year and the number of reported students for the previous calendar year.

Subsection 6(7) provides that Table 3 in the instrument applies if during a financial year:

  • a person starts or continues to be registered as a registered provider of ELICOS courses under the Education Services for Overseas Students Act 2000 (but not other courses under that Act or the National Vocational Education and Training Regulator Act 2011); and
  • the National VET Regulator is the ESOS agency for the registered provider under the Education Services for Overseas Students Act 2000.

Table 3 is located at the end of subsection 6(7) and sets out the amounts payable by relevant persons by reference to the number of ELICOS courses they are registered to offer on the first day of the financial year.

Subsection 6(8) provides that if section 232A of the National Vocational Education and Training Regulator Act 2011 does not apply to a person at the start of a financial year and that section begins to apply to the person during that year, the  proportion of the charge they are required to pay is to be worked out by dividing the number of whole months remaining in the financial year after the day section 232A applies to the person by 12.

A note at the bottom of subsection 6(8) clarifies that, if a person ceases to be registered under either the National Vocational Education and Training Regulator Act 2011 or the Education Services for Overseas Students Act 2000 during a financial year, such that the person is no longer registered under either of those Acts, a pro rata refund worked out on the same basis is payable to the person. The note directs the reader to see subsection 232A(4) of the National Vocational Education and Training Regulator Act 2011.

Section 7 If a person changes provider category during a financial year

Subsection 7(1) provides that this section applies if, during a financial year, a person changes from being a provider to which one table in Part 2 of this instrument applies to being a provider to which another table in Part 2 applies, on one or multiple occasions. An example of this occurring is if a person began the financial year with dual registrations as both an NVR registered training organisation and an ESOS provider (for which table 1 applies), but later that year their registration was withdrawn under section 42 of the National Vocational Education and Training Regulator Act 2011, so that they then only hold an ESOS provider registration (for which table 3 applies).

Subsection 7(2) provides that for the purposes of this section, the annual registration charge for the person for the financial year is the sum of each of the relevant charges worked out under each applicable table, calculated on a pro-rata basis, having regard to the number of whole months in the financial year each table applied to that person.

A whole month means a calendar month. If a provider changes provider category partway through a month, the provider is subject to the first table in Part 2 that applied at that time for that month and is charged under the new table in Part 2 for each whole month thereafter.

Part 3 – Charge for compliance audit

Section 8 Amount and calculation of charge

Subsection 8(1) provides that the amount and calculation of a charge for the National VET Regulator conducting a compliance audit of an NVR registered training organisation’s operations is to be worked out using Table 4 in the instrument.

Table 4 is included as part of section 8. Different categories of audit are described in Table 4 with the applicable audit charge being commensurate with the level of work and complexity involved in conducting the audit.

Subsection 8(2) provides that if more than 1 item from items 1 to 4 in Table 4 applies to a person during an audit, the person is liable for only one charge from those items, being the charge for the highest Performance Assessment Category reached during the audit.

Subsection 8(3) provides that if more than 1 item from items 5 to 8 in Table 4 applies to a person during an audit, the person is liable for only one charge from those items, being the charge for the highest Resolution Pathway Category reached during the audit.

Subsections 8(2) and (3) do not prevent a person from being liable for a charge from both items 1 to 4 and items 5 to 8. Although only one charge is payable within items 1 to 4 and within items 5 to 8 respectively, a person may still be liable for a charge from both item groups.

These subsections do not prevent the person from incurring additional charges under other items in Table 4 to the extent that those charges are otherwise payable.

Part 4 – Charge for the investigation of a complaint about an NVR registered training organisation

Section 9 Amount of and calculation of charge

Section 9 specifies the amount and calculation of a charge for the National VET Regulator to investigate a complaint about an NVR registered training organisation, where the National VET Regulator finds that the complaint is substantiated.

Section 9 provides that the purposes of subsection 12(2) of the Act, the amount of charge payable by an NVR registered training organisation to investigate a complaint about an NVR registered training organisation, which does not include a compliance audit, for the financial year commencing on 1 July 2026 and each later financial year is $15,700. The amount was arrived at taking into account the average number of hours worked in conducting this type of investigation.

Part 5 – Circumstances in which a charge may be waived

Section 10 Circumstances in which a charge may be waived in whole or in part

Section 10 describes the circumstances in which a charge imposed by the Act may be waived in whole or in part.

Subsection 10(1) provides that the National VET Regulator may waive a charge under the Act, in whole or in part, where the Regulator determines that:

(a)  special or unusual circumstances exist which cause the charge to be unreasonable or inequitable; or

(b)  it would be uneconomical to pursue the amount of the charge that remains unpaid.

Subsection 10(2) provides that the following circumstances do not constitute special or unusual circumstances:

(a)  where the person required to pay the charge did not consent to the compliance audit or complaint investigation that resulted in the imposition of a charge; or

(b)  where the person required to pay the charge does not agree with the outcome of the compliance audit or complaint investigation that resulted in the imposition of a charge; or

(c)   where the person required to pay the charge ceases to exist, or ceases to be registered under either the National Vocational Education and Training Regulator Act 2011 or the Education Services for Overseas Students Act 2000.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.