EXPLANATORY STATEMENT

National Vocational Education and Training Regulator Act 2011

National Vocational Education and Training Regulator (Data Provision Requirements) Amendment (Data Streamlining) Instrument 2026

Authority

The National Vocational Education and Training Regulator (Data Provision Requirements) Amendment (Data Streamlining) Instrument 2026 (the Instrument) is made under subsection 187(1) of the National Vocational Education and Training Regulator Act 2011 (the Act).

Subsection 187(1) of the Act provides that the Minister may make requirements for data provision, as endorsed by the Ministerial Council, or a specified person or body, as agreed by the Ministerial Council. Subsection 187(2) of the Act provides that the agreed requirements are to be known as the Data Provision Requirements (DPRs) for the purposes of the Act. Section 191A of the Act permits the DPRs to make provision in relation to a matter by incorporating any matter contained in another instrument or other writing as in force or existing from time to time.

In accordance with section 10, item 23A(d) and section 12, item 44A(d) of the Legislation (Exemptions and Other Matters) Regulation 2015, the Data Provision Requirements are not subject to section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003. Further detail is provided below, under Parliamentary Scrutiny.

Purpose and operation

Overview

 
The Instrument amends the National Vocational Education and Training Regulator (Data Provision Requirements) Instrument 2020 (the DPRs) to align with the Vocational Education and Training (VET) Data Streamlining (VDS) program.

The DPRs form part of the VET Quality Framework. As defined in section 3 of the Act, the VET Quality Framework is comprised of:

• the Standards for National VET Regulator Registered Training Organisations (NVR RTOs);
• the Quality Standards;
• the Australian Qualifications Framework;
• the Fit and Proper Person Requirements;
• the Financial Viability Risk Assessment Requirements; and
• the Data Provision Requirements.

Compliance with these requirements forms a condition of NVR RTOs registration under section 22 of the Act. Having the DPRs embedded within the VET Quality Framework ensures that data collection, use and disclosure transparently reinforces and enables effective regulatory oversight by the National VET Regulator (ASQA), and other VET regulators where authorised by their State legislation.

To remain a global leader in VET, Australia must quickly address emerging challenges, skill gaps, and market opportunities. Underpinning the capability to adapt to sector needs, VET data is a key national and strategic asset that enables effective planning, funding and regulatory decision‑making across jurisdictions.

The VDS Program was initiated in 2021 to develop nationally consistent evidence base from VET activity data to measure outcomes of the VET Sector, including to improve timeliness and quality of data reporting. The VDS Program is also a key foundational initiative under the National Skills Agreement (NSA), which came into effect on 1 January 2024, to enhance VET data and the evidence base underpinning VET reform.

The program is a collaborative effort involving the Commonwealth, state and territory training authorities, the National Centre for Vocational Education Research (NCVER), and VET regulators, to improve the accuracy, timeliness and security of VET data.

Central to this reform is the modernisation of data collection and data governance arrangements. The VDS program introduces a new VET Information Standard (VET IS) and a new National VET Data System, the Student and Training Activity Reporting System (also known as STARS). These changes aim to deliver richer, more consistent national datasets and improve the flow, validation, and accessibility of VET student activity data.

Incorporation by reference

Section 191A of the Act allows for the DPRs to adopt or incorporate by reference matters contained other written documents as in force or existing from time to time. The Instrument incorporates into the DPRs:

1.       VET IS, which specifies and describes the data elements required to be reported on by NVR RTOs, the specifications and rules for submitting complete and accurate data, and descriptions of student statuses that underpin transactional reporting of data elements associated with students’ VET training journey and outcomes; and
2.       The VET Data Provisions Exemptions Policy (Exemptions Policy), which sets out the circumstances in which an NVR RTO may be granted an exemption from reporting the full suite of VET IS compliant data, and the matters that the National VET Regulator is to consider in making an exemption determination.

In accordance with section 191A of the Act and the definitions of the terms VET IS and Exemptions Policy in the Instrument, amended versions of these documents can be incorporated into the DPRs where the amended version is agreed to by the Ministerial Council or endorsed by a specified person or body that the Ministerial Council has agreed can make such an endorsement. This process is consistent with section 187 of the Act and supports the objective of the VDS Program for flexibility in the DPRs to meet changing VET sector context, in a way that is responsive and timely.

The VET IS will be published on the NCVER website. The Exemptions Policy will be published on the Department of Employment and Workplace Relations website. Updated versions will outline the date of effect and dates for compliance by RTOs.

Amendments to the Instrument

The DPRs currently incorporate Part B of the National VET Data Policy (the Policy) by reference. Part B of the Policy sets out many of the obligations regarding the types of data NVR RTOs are required to report, and the timeframes by which data is required to be reported. This Instrument amends the DPRs so that many of the obligations previously incorporated by reference to Part B of the Policy, are now included within the DPRs.

To support the VDS program, amendments to the DPRs ensure that the collection, use and sharing of VET data are authorised, protect privacy and are fit‑for‑purpose for a modern, digital system.

The amendments include:

• reportable data being set out in the new VET IS.
• a requirement for all NVR RTOs to have and maintain a VET Data System with the digital functionality required to support data submission requirements for the new VET IS and STARS.
• minimum quarterly reporting requirements for all NVR RTOs, which supports both progressive reporting and batched reporting of reportable data for the quarterly period, and transactional reporting (as defined in the VET IS).
• a ‘direct’ and ‘indirect’ pathway for NVR RTOs to submit reportable data to NCVER. Both pathways are equally acceptable reporting pathways, and which pathway an RTO will use will be determined by whether they have an arrangement with a State Training Authority (STA), and the nature of that arrangement.
  • the direct pathway refers to NVR RTOs submitting VET IS data directly to the National VET Data System. The indirect pathway refers to NVR RTOs submitting VET IS data via their STA who will collect and transmit that data to the National VET Data System on their behalf.
  • NVR RTOs without an arrangement (for example fee-for-service only NVR RTOs) will need to report through the ‘direct’ pathway.
  • NVR RTOs with an arrangement with a STA which specifies to use the ‘direct pathway’ will need to submit data via that pathway to meet the obligations of that arrangement (as per A138 of the NSA).
  • NVR RTOs with an arrangement with a STA which specifies to use the ‘indirect’ pathway will need to submit data via that pathway to meet the obligations of that arrangement (as per A138 if the NSA).

• ongoing reporting arrangements for nationally recognised school training (more commonly known as VET in schools) to continue to be collected in line with Part B of the Policy until agreement is reached for associated data elements to be incorporated into the new VET IS.
  • This is in line with the commitments made under A140 of the NSA for VET in Schools data to be reported to NCVER annually, while States may choose to collect VET in Schools data more frequently for state specific reporting if required.
  • Further work is being undertaken as part of the development of the VET Data Reform Blueprint and Investment Roadmap to determine the future reporting needs and requirements for VET in schools data. This work will include consideration of the impact on current reporting arrangements and the appropriate timing of incorporating associated data elements into any future version(s) of the VET IS.
  • NVR RTOs will be advised of any requirement to report these elements under the VET IS as part of the release management governance for the relevant updated version(s).
• amendments to the data an NVR RTO can be requested to give the National VET Regulator to align with the National Vocational Education and Training Regulator (Outcome Standards for Registered Training Organisations) Instrument 2025 which came into effect on 1 July 2025.

Transition to compliance with the Instrument (other than for nationally recognised school training)

The Instrument includes phased transition arrangements for NVR RTOs to comply with the new DPRs (other than in relation to data about nationally recognised school training), including reporting against the new VET IS. All NVR RTOs will be required to comply with the new DPRs from 1 January 2029.

To ensure that all NVR RTOs, states and territories are adequately prepared for transitioning to VET IS reporting, the Instrument has incorporated a staggered transitional approach to compliance. The transitional provisions apply differently depending on when an NVR RTO is registered and whether it has a reporting arrangement with a STA. All NVR RTOs must also report any AVETMISS data that is available to them at the time they transition, and that has not previously been reported, in accordance with the requirements in the Policy.

For NVR RTOs with no reporting arrangement with a STA

The transitional provisions stipulate that NVR RTOs with no reporting arrangement with an STA (for example fee-for-service RTOs), that were first registered prior to 1 January 2028 (and that are registered immediately before 1 January 2029) must transition to complying with the amendments made by the Instrument by 1 January 2029. The Instrument also allows for these NVR RTOs to voluntarily commence the early provision of data under the new laws between the date the Instrument commences, being 1 October 2026, and 1 January 2029, with such early provision considered to satisfy the commensurate AVETMISS data submission requirements under the Policy.

NVR RTOs with no reporting arrangement with an STA that are registered on or after 1 January 2028 must comply with the requirements of the Instrument from the day of registration. These RTOs will not report AVETMISS data.

For NVR RTOs with reporting arrangements with a STA

Depending on the circumstances of an NVR RTO, it may have an arrangement with a STA that requires it to transition to reporting under the Instrument earlier than would otherwise be required. An arrangement between a STA and an NVR RTO that is first registered after 1 January 2028 may also provide for the NVR RTO to report AVETMISS data for a period up until 31 December 2028.

An NVR RTO that:

• is first registered before 1 January 2028, and
• is registered immediately before 1 January 2029, and
• has a reporting arrangement with a STA requiring it to provide data in accordance with the VET IS from a specified day (regardless of whether it is under the direct or indirect reporting pathway), and
• is registered on the specified day

is required to comply with the Instrument from the specified day.

An NVR RTO that:

• is first registered on or after 1 January 2028, but before 1 January 2029, and
• has an arrangement with a state training authority requiring it to submit AVETMISS data in accordance with the Policy for a period that starts on the day the organisation is first registered

is required to transition to reporting data against the VET IS from the day after that period ends (if it ends before 1 January 2029), or otherwise from 1 January 2029.

Parliamentary Scrutiny

Instruments made under subsection 187(1) of the Act are not subject to disallowance or sunsetting because they are prescribed by regulation as exempt from disallowance and sunsetting for the purposes of paragraph 44(2)(b) and 54(2)(b) of the Legislation Act 2003 (see item 23A, paragraph (d) of the table in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and item 44A, paragraph (d) of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015)).

This is consistent with subsection 44(1) of the Legislation Act 2003 which provides that an instrument will not be subject to disallowance where 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.

It is appropriate for the Instrument to be exempt from sunsetting and disallowance because of the nature of the intergovernmental scheme (known as the National VET Scheme) that the Instrument and the Act facilitates. The National VET scheme is underpinned by referrals of constitutional power from states and territories (excluding Western Australia and Victoria) to allow for the Commonwealth to regulate the VET sector. The Act’s commencement followed the then Council of Australian Governments’ decision to establish a new approach to national regulation for the VET sector. The Act was enacted consistent with the Intergovernmental Agreement for Regulatory Reform in VET, thereby facilitating the establishment and operation of an intergovernmental scheme involving the Commonwealth and referring States for the purposes of VET regulation.

Legislative instruments made under the Act, including the Instrument, are governed by the consultation requirements at section 191 of the Act. These requirements mean that, for the purposes of making various legislative instruments under the Act, including the Instrument, the Commonwealth must obtain the agreement of the Ministerial Council which must consist of resolution of the Council passed in accordance with the procedures determined by the Council.

To comply with these requirements, the Department consulted with states and territories on the Instrument through the Skills Senior Officials’ Network (SSON). SSON is comprised of senior officials from each state and territory government department responsible for VET. Feedback from SSON was incorporated into the Instrument prior to the Ministerial Council, (currently the Skills and Workforce Ministerial Council), agreeing to the Instrument. Therefore, any potential disallowance of legislative instruments made under subsection 187(1) of the Act may discourage state and territory support for the VET regulatory framework, given that substantial and robust consultation is required to be undertaken with states and territories in making legislative instruments under subsection 187(1). A disallowance might be perceived as the Commonwealth Parliament unilaterally disallowing instruments that are part of a multilateral outcome.

Further justification for this disallowance exemption is provided under the Explanatory Memorandum for the Legislation (Exemptions and Other Matters) Amendment (Sunsetting and Disallowance Exemptions) Regulation 2016 (refer to commentary for Item 3).

Privacy Safeguards

NVR RTOs will report data in accordance with this Instrument to NCVER, through a VET data system or a National VET data system. The VET IS describes the various data elements an NVR RTO is required to report. This includes personal information such as names and contact details and sometimes sensitive information, as defined in the Privacy Act 1988 (Privacy Act). This information is collected by NCVER, which is an independent, not-for-profit Australian company that is owned by the Commonwealth and state and territory ministers responsible for VET, for the purposes of collecting, managing, analysing and communicating research and statistics on the Australian vocational education and training (VET) sector.

The Instrument requires an NVR RTO to provide an individual with a privacy notice in a specified form at the time, or before the individual enrols in all or part of a VET course, if the NVR RTO reasonably believes the individual’s personal information may be included in data reported to NCVER in accordance with the Instrument. The privacy notice ensures that a person understands that their personal information may be disclosed to NCVER and how NCVER will handle that information.

The Act imposes safeguards on the disclosure by NCVER of information collected under the DPRs. Section 210A of the Act imposes statutory limits on the bodies and persons to which NCVER is permitted to disclose information collected under the DPRs. It permits NCVER to disclose this information to the Department, another Commonwealth authority, a State or Territory authority that deals with or has responsibility for VET, a VET Regulator, and in specified circumstances, a person engaged by NCVER to conduct research on its behalf. NCVER also publishes a wide range of aggregated de-identified data sets on its website, which are not subject to these Act restrictions. These publications form a critical evidence base for public policy development and public understanding of the training activity occurring in the VET sector.

Further, NCVER has a privacy policy (which, at the date of this explanatory statement, is available at: https://www.ncver.edu.au/privacy) that explains how it complies with the Privacy Act, including the Australian Privacy Principles. In particular, NCVER’s privacy policy explains:

• the type of personal information it collects and holds
• how it collects and holds personal information
• how it uses and discloses personal information
• how it keeps personal information protected
• the access it can provide to a person to their own personal information.

The Department is subject under section 210B to restrictions on the disclosure and release of DPRs information received from NCVER. This includes an express prohibition on the release of personal information to the public under subsection 210B(5) other than the names of NVR RTOs.

Section 214B of the Act provides a framework that authorises the handling of data collected in accordance with the Instrument for specified purposes in respect of a VET data system and a National VET data system. To the extent the Department is currently responsible for the operation and maintenance of the National VET data system, as an Australian Privacy Principle (APP) entity, it is required to comply with the Privacy Act and the APPs. In particular, APP 11 requires the Department to ensure that it securely protects personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure. The Department also has a privacy policy (which, at the date of this explanatory statement, is available at: https://www.dewr.gov.au/about-department/resources/dewr-privacy-policy).

Given the operation of the legislative provisions governing information collected under the DPRs, and the Department and NCVER’s privacy policies, appropriate legislative and administrative safeguards are in place, to ensure that NCVER and the Department, in collecting information under the Instrument, will protect personal information and only collect, use and disclose that information as necessary and as authorised under legislation.

Commencement

This Instrument commences on 1 October 2026.

Consultation

The Instrument including the VET IS and the Exemptions Policy was developed in consultation with VET regulators, the National Centre for Vocational Education Research, and State and Territory Skills Officials and sector stakeholders.

The principles that underpinned the updates to the DPRs were informed by insights gained from VET sector research, workshops and showcases as well as contributions from the VET regulators, STAs, NCVER and the Commonwealth through established governance forums. The DPRs principles were endorsed by the Ministerial Council (being the Skills and Workforce Ministerial Council) in mid-2024.

Since that time, key concepts to elaborate on the principles have been tested with NVR RTOs, student management system vendors, and VET peak bodies to communicate expected amendments and the way the amendments will be delivered, including through the Instrument, VET IS and the Exemptions Policy. This engagement provided useful feedback on the change management support and explanatory material needs of the sector, but no significant quality or delivery risks for implementation of the DPRs were identified, that could not be addressed through ongoing change management information and support. Additional explanatory and support materials will be developed for the VET sector with a focus on the clarity and consistency of language and outlining related concepts, that may apply across the DPRs, VET IS and the Exemptions Policy.

Impacts on VET sector regulators, including the jurisdiction specific regulators, the Western Australian Training Accreditation Council (WA TAC) and the Victorian Registration and Qualifications Authority (VRQA), were considered through these consultations. Where RTOs are regulated by these two state-based regulators those RTOs’ regulatory obligations are set out in state legislation. Victoria and Western Australia may, for the RTOs that WA TAC and VRQA are responsible for regulating, adopt and impose the same regulatory requirements outlined in the Instrument by amending their own legislative frameworks to reflect or incorporate these regulatory requirements. While RTOs regulated by these authorities are not covered by the Act, WA TAC and VRQA plan to adopt the Instrument to regulate these RTOs consistent with the agreement by States, Territories and the Commonwealth in the Intergovernmental Agreement for Regulatory Reform in VET to take a nationally consistent approach to regulating the VET sector. 

The result of these collaboration and consultation activities has been high confidence in the ability to implement the Instrument in a way that facilitates the desired outcomes of the VDS Program, with effective management of the transition needs of stakeholders.

To comply with section 187 of the Act, the Instrument and referenced documents were agreed by the Ministerial Council (the Skills and Workforce Ministerial Council), prior to being made by the Commonwealth Minister.

Detailed explanation of the provisions of the DPRs

Part 1 – Preliminary

Clause 1 – Name of legislative instrument

This clause provides that the name of the Instrument is the National Vocational Education and Training Regulator (Data Provision Requirements) Amendment (Data Streamlining) Instrument 2026.

Clause 2 – Commencement

This clause provides that the whole of the Instrument commences on 1 October 2026.

Clause 3 – Authority

This clause provides that the Instrument is made under subsection 187(1) of the National Vocational Education and Training Regulator Act 2011 (the Act).

Clause 4 – Schedule

This clause provides that each instrument mentioned in a Schedule to this Instrument is amended or repealed according to that Schedule. Any other item specified in a Schedule has effect according to its terms.

Schedule 1—Amendments

Schedule 1 sets out amendments to the National Vocational Education and Training Regulator (Data Provision Requirements) Instrument 2020.

Item 1: Part 1 (heading)

This item is a stylistic amendment which repeals the existing heading and substitutes it with “Part 1 — Preliminary”.

Item 2: Simplified outline

This item inserts a simplified outline of the DPRs at section 3A of the Data Provision Requirements. This is to guide the reader about the main obligations in the Data Provision Requirements.

Item 3: Note at section 4

This item repeals the note at section 4 and substitutes it with a new note that refers, by way of example, to 6 expressions defined in the Act. Expressions used in the DPRs which have a defined meaning in the Act are to be interpreted in accordance with the Act.

Item 4: Definition of ACN

This item remedies a typographical error by omitting the first occurring “and” and substituting “an” in the definition of ACN as it appears in section 4 of the DPRs.

Item 5: Definitions of authenticated VET transcript and available

This item inserts into section 4 of the DPRs, definitions of authenticated VET transcript and available. The term authenticated VET transcript has the same meaning as in the Student Identifiers Act 2014 and available, in relation to data, has the broad meaning given by subsection 6(3) of the Instrument.

Item 6: note to the definition of AVETMISS data

This item repeals the existing note to the definition of AVETMISS data and substitutes it with a new note which more clearly explains the effect of section 191A of the Act.

Section 191A permits certain instruments made under the Act, including the DPRs, to make provision in relation to a matter by applying, adopting or incorporating any matter contained in another instrument or other writing as in force from time to time. The reference to section 191A is included under the definition of AVETMISS data because this term is defined by reference to another document published by NCVER.

Item 7: Definition of direct reporting pathway, indirect reporting pathway and other VET data-related terms

This item inserts a definition of key VET data-related terms including direct reporting pathway, indirect reporting pathway and nationally recognised school training.

The terms direct reporting pathway and indirect reporting pathway are defined by reference to sections 6C and 6D respectively. These pathways prescribe the manner in which an NVR RTO is required to report reportable data in accordance with the Instrument.

This item also inserts a new definition of governing person. Consistent with its definition in the National Vocational Education and Training Regulator (Compliance Standards for NVR Registered Training Organisations and Fit and Proper Person Requirements) Instrument 2025, governing person, for an NVR RTO, means any person who is responsible for overseeing or directing, or who exercises a degree of control or influence over, the management or operation of the organisation, and includes executive officers and high managerial agents. The term governing person is included in amendments to section 8 of the DPRs (see items 20 and 21 below) and its inclusion and definition promotes consistency between different instruments made under the Act.

The term nationally recognised school training is defined to mean training that is delivered as part of a school curriculum and leads to a VET qualification or VET statement of attainment, that is recognised under the Australian Qualifications Framework. In accordance with the Instrument an NVR RTO that has data about nationally recognised school training will be required to report that data in accordance with existing arrangements until the associated data elements are incorporated into the VET Information Standard, either by agreement of the Ministerial Council or endorsement by another person or body that the Ministerial Council has agreed can provide that endorsement.

Item 8: note to the definition of National VET Provider Collection Data Requirements Policy

This item repeals the existing note to the definition of National VET Provider Collection Data Requirements Policy and substitutes it with a new note which more clearly explains the effect of section 191A of the Act.

Section 191A permits certain instruments made under the Act, including the DPRs, to make provision in relation to a matter by applying, adopting or incorporating any matter contained in another instrument or other writing as in force from time to time. The reference to section 191A is included under the definition of National VET Provider Collection Data Requirements Policy because this term is defined by reference to another document endorsed by the Ministerial Council.

Item 9: Definition of Overseas student

This item is a stylistic amendment which repeals the existing definition of Overseas student as the term ‘Overseas’ appears in capitalised form in section 4 of the DPRs and substitutes it with a definition of overseas student, with the term ‘overseas’ appearing in lower case form. The definition itself remains unchanged.  

Item 10: Definitions of further VET data-related terms

This item inserts a number of definitions into the DPRs that are relevant for the purpose of proposed new Part 2 (refer to commentary for item 13, below).

Quarter is defined to mean a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October and is relevant for the purposes specifying the timeframes within which NVR RTOs must provide reportable data under the Instrument.

Reportable data has the meaning given by section 6B of the Instrument, being certain data an NVR RTO is required to report under subsection 6(1) or paragraph 6A(3)(b). The term reportable data does not set out the specific types of information to be provided. Rather, the VET Information Standard, incorporated by the Instrument, will set out specific detail concerning the data to be provided by NVR RTOs. The VET Information Standard is defined to mean a document made by the Minister with that name, that specifies elements as “Part A” elements (as in force or existing from time to time) which has most recently been agreed by either the Ministerial Council, or endorsed by another specified person or body that the Ministerial Council has agreed can endorse the document. It must also have had its contents published by NCVER.

The term VET Data Provision Exemptions Policy is defined to mean the document made by the Minister, as existing from time to time in the form that has most recently been agreed by, either the Ministerial Council, or another specified person or body that the Ministerial Council has agreed can endorse the document. It must also be published by the Department on its website.

VET IS described element means an element specified in the VET Information Standard and described in that standard as a “Part A” element. It is envisaged that a “Part A” element will include various forms of VET data that will together form the VET dataset.

The VET dataset of an NVR RTO means the set of all the data for VET IS described elements provided to NCVER or a state training authority in accordance with Division 1 of Part 2. These terms help describe data that is required to be reported under proposed new Part 2 and the obligation on organisations to report that data.

State training authority means a State or Territory authority that performs functions relating to VET.

Item 11: Application

This item repeals section 5 of the DPRs because it is no longer necessary, having regard to the amendments proposed to be made by this Instrument.

Item 12: Part 2 (heading)

This item repeals the heading Part 2 Data Provision Requirements and substitutes the heading Part 2—Ongoing data provision requirements in order to better reflect changes to the DPRs which makes the requirement to report data an ongoing obligation.

Item 13: Requirements for provision of reportable data etc. (Division 1) and Other data provision requirements (Division 2)

This item repeals section 6 of the DPRs, which provided a simplified outline of the DPRs and substitutes it with Division 1 –Requirements for provision of reportable data etc and Division 2 – Other data provision requirements.

Division 1

The purpose of Division 1 is to set out the obligation on an NVR RTO to provide reportable data, the means and timeframes by which that data must be provided and exemptions from the requirement to provide reportable data.

The obligation to provide reportable data

Subsection 6(1) sets out the obligation to provide reportable data by reference to subsection 6(2). It provides that if an NVR RTO’s VET dataset does not comply with subsection 6(2), the NVR RTO must provide data in accordance with Division 1 that will result in the VET dataset complying with subsection 6(2). A note underneath the provision alerts the reader that where an exemption has been granted to an NVR RTO under subsection 6A(1), it may provide certain aggregate data instead of data otherwise required under subsection 6(1).

Subsection 6(2) reflects the ongoing obligation that the Instrument imposes on an NVR RTO to provide reportable data. It provides that an NVR RTO’s VET dataset (refer to commentary on definition of ‘VET dataset’ under item 10 above) complies with subsection 6(2) if it contains all data, for each relevant VET IS described element, that is available to the organisation at that time, including in respect of:

• each VET student that was or is enrolled with the NVR RTO; and
• each VET course that was or is provided by, or on behalf of, the NVR RTO.

Subsection 6(3) sets out when data will be deemed to be available to an NVR RTO for the purposes of the DPRs, which triggers the obligation to provide data under subsection 6(2). Data will be deemed to be available at any time after the NVR RTO or its:

• contractors (including the contractor’s employees);
• subcontractors (including the subcontractor’s employees);
• employees;
• volunteers; or,
• a third party that delivers assessment or training on its behalf
   

generates, or comes into possession of the data.

Exemptions from providing reportable data

Subsection 6A(1) provides that the National VET Regulator may grant an NVR RTO an exemption for the purposes of section 6A. The exemption can only be granted in accordance with the VET Data Provision Exemptions Policy. It is anticipated that the VET Data Provision Exemptions Policy will provide for the granting of an exemption, consistent with the current arrangements under the National VET Data Policy, where:

• the submission of data would conflict with defence or national security legislation, or could jeopardise the security of defence, border protection, customs, national security or police personnel, or

• the RTO is providing emergency or safety related services as a registered charity and provides Nationally Recognised Training for which it receives no payment and its ability to provide services to the community may be adversely impacted if it was required to collect and submit reportable data.

A note to subsection 6A(1) notifies the reader of subsection 33(3) of the Acts Interpretation Act 1901 which would permit the NVR to repeal, rescind, revoke, amend, or vary any exemption granted under and in accordance with subsection 6A(1).

Subsection 6A(2) sets out the requirements of an exemption. These include that the exemption must be in writing and set out the kind of data that does not need to be provided and the period in respect of which data does not need to be provided. The period in which data does not need to be provided can be a period that the NVR later notifies in writing under subsection 6A(3). The exemption must also specify any conditions of the exemption.

Subsection 6A(3) provides that if an NVR RTO has been granted an exemption under subsection 6A(1) and the exemption specifies that the period in respect of which data covered by it does not need to be provided is to end at a time later notified by the NVR, then the NVR must notify the NVR RTO of the time when the exemption will end.

Subsection (4) describes the effect of an exemption. It provides that if an NVR RTO has been granted an exemption in relation to data of a kind in respect of a period, it has no obligation to provide that data for that period under subsection 6(1), but must provide aggregate data of the kind set out in the VET Data Provision Exemptions Policy in respect of each quarter that starts during the period of the exemption (unless the organisation is required to make a notification under section 6G in respect of the quarter). Subsection (4) also provides that for the purposes of this Instrument, aggregate data in respect of a quarter is taken to be first available to the organisation on the last day of that quarter.

Subsection 6A(5) requires that an NVR RTO that has been granted an exemption to comply with any applicable requirements relating to the exemption that are set out in the VET Data Provision Exemptions Policy.

A decision whether to grant an exemption will not be subject to merits review. This is because the NVR decisions of an administrative character will relate to exemptions or extensions to data reporting requirements, to be granted by the NVR. This is consistent with the current position in relation to decisions as to whether to grant an exemption from the requirement to report data which are made under the National VET Data Policy.

The Australian Skills Quality Authority (ASQA) (the current NVR) has been consulted in relation to why exemptions to data reporting requirements should continue to be exempt from merits review. ASQA has advised that the decision not to grant an exemption does not of itself have an adverse effect on the interests of a provider unlike, for example, a decision to cancel registration, not renew registration, or not change the scope of a provider’s registration.

Further, the ability for an affected party to seek merits review of the administrative decision made by the NVR would impose a significant administrative burden and delay on ASQA insofar as ASQA would be unable to access requested data while a review is on foot, thereby delaying ASQA’s regulatory activities, and potentially delaying the capacity for ASQA to levy fees and charges pursuant to an annual determination.

Finally, ASQA has advised that, consistent with paragraphs 4.56 and 4.57 of the Administrative Review Council publication “What decisions should be subject to merits review?”, conferral of a merits review function on NVR exemptions to data reporting requirements would involve a disproportionate cost compared to the significance of the decision under review and provide an increase in administration for the regulator having regard to its finite resources.

For these reasons, decisions to grant an exemption from the obligation to report data under the DPRs will not be subject to merits review.
 

The ways to provide reportable data

Section 6B sets out the ways an NVR RTO must provide reportable data, where there is an obligation to do so under either subsection 6(1) or paragraph 6A(3)(b) of the Instrument. This is by either by the direct reporting pathway, or the indirect reporting pathway.

Subsection 6C describes the direct reporting pathway. It provides that an NVR RTO provides particular reportable data in accordance with the direct reporting pathway if the NVR RTO provides the data to NCVER:

• through a National VET data system, and
• in a format that satisfies any applicable requirements set out in the VET Information Standard, and
• within the period that starts on the day the data was first available to the organisation (within the meaning of subsection 6(3)), and ending one month after the start of the next quarter.

Section 6D describes the indirect reporting pathway. It provides that an NVR RTO provides particular reportable data in accordance with the indirect reporting pathway if:

• the NVR RTO and a state training authority have an arrangement under which the authority agrees to provide any reportable data received from the NVR RTO to NCVER through a National VET data system or another VET data system in a format that satisfies any applicable requirements set out in the VET Information Standard, and
• the NVR RTO provides the particular reportable data to the state training authority within the period that starts on the day the data was first available to the NVR RTO and ends one month after the start of the next quarter.

For the purposes of the Instrument, National VET data system has the same meaning as in section 214B of the Act – the current National VET data system for these purposes is known as the Student Training Activity and Reporting System, or ‘STARS’.

STARS is currently operated and maintained by the Commonwealth. It is intended that the Commonwealth will continue to operate and maintain STARS for a period of time after the Instrument’s commencement for the purposes of sections 6C, 6D and subsection 6J(2), which require reportable data to be provided to NCVER through a National VET data system. During this period, STARS will operate as a conduit to provide reportable data to NCVER, consistent with the requirements in the Instrument. It is anticipated that the Commonwealth will subsequently contract with NCVER to allow for NCVER to operate and maintain STARS.

VET data system also takes its meaning from section 214B of the Act, being a computer system used to collect, store and manage information collected in accordance with the DPRs, or any equivalent requirements in a non-referring state, by one or more of the following:

• the Department;
• VET Regulators;
• State or Territory authorities (other than VET Regulators) that deal with, or have responsibility for, matters relating to VET;
• NCVER;
• registered training authorities.

Inaccurate or incomplete data

Section 6E provides that if an NVR RTO provides data that is inaccurate or incomplete, the organisation is taken to not have provided that data or information for the purposes of the DPRs. In these circumstances, an NVR RTO would remain under an obligation to provide accurate and complete data.

Division 2

Division 2 sets out other data provision requirements including in relation to maintaining an appropriate VET data system, nil activity reports, providing privacy notices to individuals, and providing reportable data on cessation of registration.

Maintaining appropriate VET data system

Section 6F imposes an obligation on an NVR RTO to maintain a VET data system that enables the organisation to collect and store reportable data in a digital form. If the NVR RTO proposes to provide the data in accordance with either the direct or indirect reporting pathways, the VET data system must be capable of being used to provide reportable data in that way. Subsection 6F(2) requires an NVR RTO that provides reportable data in accordance with the direct or indirect reporting pathways to do so using the VET data system maintained by the NVR RTO. This means that an NVR RTO cannot report data in accordance with the direct or indirect pathways in any other manner.

Nil activity reports

Section 6G requires an NVR RTO to notify NCVER if it has not enrolled new VET students or provided VET courses in a quarter. The notification must be made before the end of one month after the start of the next quarter, and using the National VET data system or other means agreed to in writing by NCVER.

Requirement to provide privacy notice to individuals

Section 6H requires an NVR RTO to provide an individual with a privacy notice in the form set out in Schedule 1 to the DPRs if it collects personal information about the individual and reasonably believes that the personal information may be included in reportable data that the NVR RTO is required to provide in accordance with the DPRs. The notice must be provided to the individual before or at the time the individual enrols in all or part of a VET course. The purpose of this section is to require an NVR RTO to make students aware of the way in which their personal information may be handled. A note underneath subsection 6H(1) informs the reader that the requirement in this section is in addition to any obligation that the Privacy Act 1988 or other laws of the Commonwealth, a State or a Territory may impose on an NVR RTO.

Cancellation or withdrawal of registration

Section 6J imposes obligations on an NVR RTO in circumstances where its registration is cancelled or withdrawn. Subsection 6J(2) requires that the NVR RTO must ensure that all reportable data available to the organisation immediately before the NVR RTO’s registration is cancelled or withdrawn, has before the cancellation or withdrawal:

• been provided to NCVER through a National VET data system and in a format that satisfies any applicable requirements set out in the VET Information Standard; or
• if the NVR RTO has an arrangement with a state training authority of the kind described in section 6D – the reportable data has been provided to that state training authority.

Subsection 6J(3) provides that where an entity has provided reportable data in accordance with Division 1 or subsection 6J(2), and any of that data is inaccurate or incomplete and more accurate or complete data in relation to that matter becomes available to it before the end of the extended reporting period, then the entity must before the end of that period, provide the more accurate and complete data by either the direct or indirect reporting pathways. Subsection 6J(5) defines entity for the purposes of section 6J as a person or body, and extended reporting period, as the period of 30 days beginning on the day the entity’s registration as an NVR RTO is cancelled or withdrawn.

Subsection 6J(4) provides that section 6J applies despite any other provision of Part 2. A note explains to the reader that one consequence of subsection 6J(4) is that an entity may be required to provide particular reportable data under section 6J earlier than it would otherwise be required to under Division 1 of Part 2.  

Item 14: Before section 7

Item 14 inserts a new heading before section 7, Division 3—Nationally recognised school training.

Item 15: Section 7

Item 15 repeals section 7 of the DPRs which requires an NVR RTO to provide AVETMISS data in accordance with the National VET Provider Collection Requirements Policy. The substance of those requirements will now form part of Division 1 and 2 of Part 2 of the Instrument. Item 5 substitutes new sections 7 and 7A for the repealed section 7. New sections 7 and 7A set out the obligations on an NVR RTO in respect of providing data in relation to nationally recognised school training.

Subsection 7(1) provides that section 7 applies in relation to nationally recognised school training that is delivered by, or on behalf of an NVR RTO. A definition of nationally recognised school training is inserted into section 4 of the DPRs by item 7 (see above).

Subsection 7(2) provides that if an NVR RTO is not required under Division 1 of Part 2 to provide data in relation to nationally recognised school training, it must instead provide AVETMISS data in relation to the training in accordance with the National VET Provider Collection Data Requirements Policy. This means that until such time as agreement by the Ministerial Council (or endorsement by another person or body that the Ministerial Council has agreed can provide the endorsement) is reached for associated data elements to be incorporated into the VET Information Standard, an NVR RTO will be required to provide AVETMISS data in relation to that training. Once this agreement (or endorsement) is reached for associated data elements to be incorporated into the VET Information Standard, an NVR RTO will be required to report that data in accordance with new Division 1 of part 2.

Section 7A requires an NVR RTO to report any outstanding AVETMISS data before the day it switches to providing data on nationally recognised training in accordance with Division 1 of Part 2 of the DPRs. The obligation applies to AVETMISS data that is available to the NVR RTO immediately before the start of the switch day and that has not previously been reported in accordance with the National VET Provider Collection Data Requirements. The NVR RTO is required to provide the data in accordance with the requirements in the National VET Provider Collection Data Requirements Policy, except those relating to reporting timeframes.

Item 16: Before section 8

Item 16 inserts a new heading before section 8, Part 3—Provision of data on request. This heading assists to delineate between the nature of the requirements in other parts of the DPRs and those set out in section 8.

Item 17: Before subsection 8(1)

Item 17 inserts three new subsections before existing subsection 8(1). These subsections provide clarity about the circumstances in which the NVR can request data under section 8, who the NVR can request data from and the manner and timing for an NVR RTO to comply with such a request.

New subsection 8(1A) provides for the NVR to make a written request to an NVR RTO or a person or body (an applicant) that has applied for registration or renewal of its registration, to provide data specified in the request. Subsection 8(1B) provides that the data must be data that is covered by subsection 8(1) and that relates to the NVR RTO or applicant. Subsection 8(1C) provides for the NVR to specify the time period and manner in which the data must be provided.

Item 18: Subsection 8(1)

This item omits the existing chapeau from subsection 8(1) and substitutes it with a new chapeau, which provides “For the purposes of subsection (1B), the following data is covered”. This amendment reflects the amendments made by item 17, which permit the NVR to request data that is covered by subsection 8(1B). Other than where amended by items 19 to 24 (see below), the paragraphs which describe the data that can be requested by the NVR remain unchanged.

Item 19: Paragraph 8(1)(j)

This item omits the words “executive officers and high managerial agents” from paragraph 8(1)(j) and substitutes them with “governing persons for the NVR registered training organisation”. This means that the NVR will be permitted to request the names of the governing persons for an NVR RTO. The term governing person is defined in section 4 of the DPRs (see item 7 above) to include ‘executive officers and high managerial agents’ amongst other persons involved with an NVR RTO.

Item 20: Paragraph 8(1)(m)

This item omits the words “an executive officer or high managerial agent” from paragraph 8(1)(m) and substitutes them with “or a governing person for the NVR registered training organisation”. This amendment will permit the NVR to request information about whether a governing person holds a similar role with respect to another application made for the purposes of specified Acts or for registration with a VET Regulator in a non-referring State. The non-referring States are currently Western Australia and Victoria which both have their own VET Regulators. The term governing person is defined in section 4 of the DPRs (see item 7 above).

Item 21: Paragraph 8(1)(o)

Item 21 repeals existing paragraph 8(1)(o) and substitutes it with two new paragraphs describing data that is covered for the purposes of subsection 8(1). The amendment restructures existing paragraph 8(1)(o) and reduces the scope of data the NVR can request. Consistent with the existing paragraph, new paragraph 8(1)(o) will permit the NVR to request a list of the national code and title of the training packages, VET qualifications, VET accredited courses, modules or units of competency that an NVR RTO or applicant delivers or intends to deliver and for each VET qualification, accredited course, module or unit of competency that is covered by paragraph (o), evidence to demonstrate that each trainer and assessor of an NVR RTO or applicant has the necessary training or assessment credentials, and the industry competencies, skills and knowledge to deliver or assess the qualification, course, module or unit.

Item 22: Paragraph 8(1)(r)

Paragraph 8(1)(r) currently permits the NVR to request an NVR RTO to provide information about whether or not it “delivers, or intends to deliver, any training overseas”. Item 22 inserts the words “has delivered” after “delivers”, such that the NVR will be permitted to request that an NVR RTO provide information about whether or not it has previously delivered training overseas.

Item 23: After paragraph 8(1)(r)

Item 23 inserts two new paragraphs after paragraph 8(1)(r) that set out further data the NVR will be permitted to request from an NVR RTO. Both paragraphs cover data about the delivery of training overseas.

New paragraph 8(1)(ra) covers data about when an NVR RTO ceased delivering training at a particular site overseas, in circumstances where it has delivered training at a particular site, but no longer does so.

New paragraph 8(1)(rb) covers data about when an NVR RTO expects to cease delivering training at a particular site, to the extent that this is known. It applies in circumstances where an NVR RTO currently delivers or intends to deliver training at a particular site overseas.

Item 24: Paragraph 8(1)(z)

This item omits all the words after “comply with the” and substitutes these with “requirements of Part 2 of this instrument”. The purpose of this change is to remove reference to AVETMISS data and require that an NVR RTO must provide, on request by the NVR, evidence of systems that allow the NVR RTO to comply with the requirements in Part 2 of the DPRs. This amendment reflects the changes made to the DPRs by other provisions of this Instrument.

Item 25: Subsection 8(2)

Subsection 8(2) requires an NVR RTO to provide updated details of information provided under a specified paragraphs under subsection 8(1) in circumstances where the information provided has changed because of an event. This item inserts reference to new paragraphs 8(1)(ra) and (rb) into subsection 8(2) (see item 23 above), which means an NVR RTO will be required to provide updated details of information provided under those paragraphs, in circumstances where the information previously provided has changed because of an event.

Item 26: Before section 9

This item inserts the heading Part 4—Annual reporting before section 9 in the Instrument. This heading assists to delineate between the nature of the requirements in sections 6 to 8 of the DPRs and those in section 9, which relate to annual reporting by NVR RTOs.

Item 27: After section 9

This item adds the following part to the DPRs: Part 5—Application and transitional provisions. Division 1 of Part 5 sets out application and transitional provisions for the Instrument as they relate to different classes of NVR RTOs.

Section 10 defines three key terms that are used in Division 1 of Part 5. These are amending instrument, new law and transition day. The term amending instrument means the National Vocational Education and Training Regulator (Data Provision Requirements) Amendment (Data Streamlining) Instrument 2026. The term new law is defined to mean “this instrument”, that is the DPRs, “…as amended by the amending instrument”. Transition day is defined by reference to subsections 11(3), (7) and (8).

Section 11 sets out the main rules for the application of the new law and provides for the new law to apply at different times, depending upon the circumstances.

Subsection 11(1) provides that section 11 does not deal with the application of the new law, to the extent that it relates to nationally recognised school training. The application of the new law for that purpose is covered by section 12.

Subsection 11(2) sets out the general rule for the application of the new law to an NVR RTO. The new law will apply on or after the transition day for the NVR RTO and in relation to training that begins to be delivered on or after the transition day, or begins to be delivered before the transition day, but has not been completed before that day.

A note underneath subsection 11(2) alerts the reader that in relation to training other than nationally recognised school training, an NVR RTO must, until the transition day for the organisation continue to submit AVETMISS data as required under the National VET Provider Collection Data Requirements Policy.

Subsection 11(3) provides that subject to section 11, the transition day for an NVR RTO is:

• the day the organisation is first registered, if it is first registered on or after 1 January 2028, or
• 1 January 2029, if the organisation is first registered before 1 January 2028, and is registered immediately before 1 January 2029, or
• the earliest day, being 1 January 2029 or a later day, on which the organisation is next registered, for an organisation that is first registered before 1 January 2028, but is not registered immediately before 1 January 2029.

Subsection 11(3) recognises that NVR RTOs that are already accustomed to reporting under existing arrangements may need more time than a newly registered NVR RTO to transition to reporting under the new law. It also recognises that the registration of some NVR RTOs, first registered before 1 January 2028, may lapse, and provides for a different transition day for NVR RTOs in these circumstances. Alternative arrangements which provide for the early or late application of the new law are set out in subsections (7) and (8).

Subsection 11(4) requires an NVR RTO to provide any outstanding AVETMISS data before its transition day if it is registered immediately before the start of its transition day, and there is AVETMISS data that is available to it at that time that has not previously been provided by it in accordance with the National VET Provider Collection Data Requirements Policy.

Subsections 11(5) and (6) permit an NVR RTO to voluntarily report in accordance with the new law before its transition day. Subsection (5) sets out the circumstances in which subsection 6 applies. These circumstances are if:

• before its transition day, an NVR RTO provides data for a VET IS described element to NCVER or a state training authority; and
• the data is provided in accordance with Division 1 of Part 2 of the new law; and
• the provision of the data does not contravene any arrangement between the NVR RTO and a state training authority.

If an NVR RTO reports data in accordance with subsection (5) that is both accurate and complete, subsection (6) provides that it will be taken to have satisfied any requirement to provide corresponding AVETMISS data under the National VET Provider Collection Data Requirements Policy.

Subsection 11(7) provides for an NVR RTO to transition earlier to the new law than would otherwise be the case in accordance with subsection (3) if the NVR RTO:

• is first registered before 1 January 2028, and is registered immediately before 1 January 2029; and
• has an arrangement with a state training authority which requires it to provide data for VET IS described elements to NCVER or the state training authority from a specified day (the early transition day) that is before 1 January 2029; and
• the organisation is registered on the early transition day.

In these circumstances, the transition day for the NVR RTO will be treated as the early transition day.

Subsection 11(8) provides for an NVR RTO to transition later to the new law than would otherwise be the case in accordance with subsection (3) if the NVR RTO:

• is first registered on or after 1 January 2028, but before 1 January 2029; and
• the organisation has an arrangement with a state training authority which requires it to provide AVETMISS data in accordance with the National VET Provider Collection Data Requirements Policy for a period that starts on the day on which the organisation is first registered.

In these circumstances, the transition day for an NVR RTO will be treated as the day after the period specified in its arrangement with a state training authority ends – if that period ends before 1 January 2029, or otherwise, 1 January 2029.

Section 12 provides for different arrangements for the application of the new law in relation to nationally recognised school training.

Subsection (1) provides that the new law, to the extent that it relates to nationally recognised school training, applies to an NVR RTO, on and after the alternative start day for the NVR RTO; and in relation to nationally recognised school training that begins to be delivered on or after the alternative start day, or begins to be delivered before the alternative start day and has not been completed before that day.

Subsection (2) specifies what the alternative start day for an NVR RTO is for the purposes of subsection (1). It will be either the day on which the Instrument commences, if the NVR RTO is registered on that day, or otherwise, on the first day after the day on which the Instrument commences, on which the NVR RTO is registered.

Item 28: Schedule 1

This item repeals existing Schedule 1 of the Instrument, which repealed the DPRs as made in 2012 and inserts a new Schedule 1 which sets out the minimum mandatory content for inclusion in a Privacy Notice an NVR RTO must provide to an individual in accordance with section 6H.

The purpose of prescribing this privacy notice is to ensure NVR RTOs comply with the relevant obligations under the DPRs and the Privacy Act 1988 (in particular, the Australian Privacy Principles at Schedule 1 to the Privacy Act). However, the notice only captures requirements that relate to the DPRs. It is up to NVR RTOs to ensure they comply with any additional obligations they have under the Privacy Act or any other Commonwealth, State or Territory legislation that do not directly relate to the DPRs.