National Vocational Education and Training Regulator (Fees) Determination 2026

EXPLANATORY STATEMENT

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

National Vocational Education and Training Regulator Act 2011

National Vocational Education and Training Regulator (Fees) Determination 2026

AUTHORITY

Subsection 232(1) of the National Vocational Education and Training Regulator Act 2011 (the Act) empowers the Minister to, by legislative instrument, determine the amounts of fees the National VET Regulator (the Regulator) may charge for goods or services the Regulator provides in performing the Regulator’s functions (other than the service mentioned in subsection 35(2) of the Act).

Subsection 232(5) of the Act empowers the Minister to, in a determination made under subsection 232(1), determine other matters relating to the payment of fees, including:

Subsection 232(2) of the Act requires the Minister to get the Ministerial Council’s agreement to the amount of a fee that:

The National Vocational Education and Training Regulator (Fees) Determination 2026

(the Instrument) repeals the existing National Vocational Education and Training Regulator (Fees) Determination 2022 (2022 Fees Instrument), sets new fee amounts and sets out further matters in accordance with section 232 of the Act. As new fee amounts are specified in the Instrument and the fees fall under the parameters of subsection 232(2) of the Act, the agreement of the Ministerial Council to the new fee amounts is required.

For the purposes of the Act, the ‘Ministerial Council’ comprises the Commonwealth and state and territory Skills Ministers, currently known as the Skills and Workforce Ministerial Council (SWMC). In June 2026, the Commonwealth Minister for Skills and Training wrote to SWMC informing them of the proposed fee amounts and seeking their agreement. SWMC’s agreement to the proposed fee amounts was subsequently obtained in accordance with section 191 of the Act.

Under subsection 33(3) of the Acts Interpretation Act 1901, 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.

The regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of the Legislation Act 2003 provide that section 42 and Part 4 of that Act do not apply in relation to an instrument made under subsection 232(1) of the Act[1]. As such, this Instrument is not subject to disallowance or sunsetting.

PURPOSE AND OPERATION

The primary purpose of the Instrument is to repeal the 2022 Fees Instrument and replace it with the Instrument, which determines new amounts of fees the Regulator may charge for goods or services it provides in performing its functions under the Act and Education Services for Overseas Students Act 2000 (the ESOS Act).

The Instrument ensures that the Regulator continues to recover the full cost of its legislated regulatory activities and functions as required under the Australian Government Charging Framework (Charging Framework).

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 fees for provider registration and course accreditation.  The revised amounts were the subject of consultation with providers and vocational education and training (VET) stakeholders (refer to consultation below).

The revised fees represent the efficient overall cost of providing regulatory services to regulated entities, noting that fees 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 takes into account heightened scrutiny processes and more detailed completeness checks associated with registration and course accreditation applications, better reflecting the regulatory effort associated with these processes.

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

COMMENCEMENT

The instrument will commence 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.

The National VET Regulator and the state and territory governments have been consulted regarding the making of the Instrument. No concerns were raised in relation to the updated amounts.

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 fee amounts and to seek their agreement. The Ministerial Council’s agreement to the proposed fee amounts was subsequently obtained in accordance with section 191 of the Act.

Representatives from the VET sector were also consulted regarding the proposed fees. 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.

NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR (FEES) DETERMINATION 2026

EXPLANATION OF PROVISIONS

Section 1: Name

This section provides that the name of the Instrument is the National Vocational Education and Training Regulator (Fees) Determination 2026.

Section 2: Commencement

This section provides that the whole of the instrument commences on 1 July 2026.

Section 3: Authority

This section provides that the instrument is made under section 232 of the Act.

Section 4: Definitions

This section provides the definitions of key terms and provides that certain specified expressions used in the Instrument have the same meaning as in the Act.

Section 5: Schedules

This section provides that any instruments specified in a Schedule to the National Vocational Education and Training Regulator (Fees) Determination 2026 Instrument are amended or repealed according to the Schedule.

PART 2 – FEES

Section 6: Fees in relation to the registration and renewal of registration for NVR registered training organisations

Section 6 sets out the amounts of fees that the National VET Regulator may charge for the registration and renewal of registration for an NVR registered training organisation in accordance with subsection 232(1) of the Act.

Table 1 sets out the name of the fee which may be charged, the corresponding service being provided by reference to the relevant section of the Act, and the corresponding fee amount the Regulator is authorised to impose.

Section 7: Fees in relation to the performance of functions by the National VET Regulator as an ESOS Agency

Section 7 sets out the fees the Regulator may charge for performing its functions as an ESOS Agency in accordance with subsection 232(1) of the Act.

Table 2 sets out the name of the fee which may be charged, the corresponding service being provided by reference to the relevant section of the ESOS Act, and the corresponding fee amount the Regulator is authorised to impose.
Section 8: Fees in relation to the accreditation of a course as a VET accredited course

Section 8 of this Instrument sets out the fees the Regulator may charge for services relating to the accreditation of VET courses, in accordance with subsection 232(1) of the Act.

Table 3 sets out the name of the of fee which may be charged, the corresponding service being provided by reference to the relevant section of the Act, and the corresponding fee amount that the Regulator is authorised to impose.

Section 9: Fees in relation to applications for reconsideration of decisions

Section 9 sets out the fee payable if a person is dissatisfied with a reviewable decision made under section 200 of the Act or under section 169AD of the ESOS Act and they apply to the National VET Regulator to reconsider that decision.

PART 3 – WAIVER OF FEES

Section 10: Application of this part

Section 10 states that Part 3 of this Instrument is made under paragraph 232(5)(c) of the Act. Part 3 specifies the circumstances in which fees (determined in accordance with subsection 232(1) of the Act) may be paid in instalments, waived or set off against another amount payable.

Section 11: Withdrawal of application

Section 11 specifies that the Regulator must waive a fee paid in accordance with Part 2 of the Instrument, if the associated application is withdrawn before the Regulator has commenced work on the application. The result of a fee waiver in these circumstances is that the fee will be refunded to the applicant (refer to commentary on section 14 below).

Section 12: Special Circumstances

Section 12 provides for circumstances in which the Regulator is able to waive the whole or part of a fee on account of special circumstances. In some of these cases the Regulator has the discretion to decide whether or not to waive the fee. These include if the Regulator determines:

• there are special or unusual circumstances that render the payment of the fee unreasonable or inequitable (paragraph 12(1)(a)); or
• the amount of the fee that remains unpaid would be uneconomical to pursue (paragraph 12(1)(b)).

Subsection 12(2) provides that the Regulator must waive the relevant fee if the Regulator determines it is not appropriate to consider an application made under section 200 of the Act, because the relevant decision is not a reviewable decision.

Subsection 12(3) provides examples of circumstances that would not constitute special or unusual circumstances for the purposes of paragraph 12(1)(a).

Section 13: Refund of waived fees

Section 13 provides that the Regulator must refund any Part 2 fees that have already been paid by a person under the Act or the ESOS Act, where the Regulator decides to waive those fees.

PART 4 – MISCELLANEOUS

Section 14: Delegated functions

Section 14 clarifies that a person will not be liable to pay fees under the Act in respect of goods and services that are provided by an entity external to the Regulator. This applies if the Regulator has delegated the provision of goods and services to an external entity under subsection 224(2), 225(1) or 226(1) of the Act.

Section 15: Set off fees

Section 15 applies for the purposes of paragraph 232(5)(b) of the Act and specifies the circumstances in which fees (determined in accordance with subsection 232(1) of the Act) may be set off against another amount payable.

If the amount owed by the Regulator to a person exceeds the amount of the fee or fees that the person owes the Regulator, this section allows the Regulator to reduce the amount it refunds to that person, by setting off the amount it owes against the fee or fees payable.

If the amount owed by the Regulator to a person is less than the amount the person owes to the Regulator, this section allows the Regulator to reduce the amount of the fee or fees it seeks from that person, rather than refund an amount owed to the person. This is achieved by setting off the amount the Regulator owes against the fee or fees payable.

A worked example is provided under subsection 15(2). This explains how a set off under section 15 would work in practice.

PART 5 – TRANSITIONAL PROVISIONS

Section 16: Transitional arrangements for applications in progress

Section 16 provides that if an application fee has been paid or waived under the National Vocational Education and Training Regulator (Fees) Determination 2022 for a service set out in paragraph 16(1)(a), and the relevant assessment fee has not been paid or waived for that application, then the fee that would apply to the assessment of that application is the relevant fee set out in the National Vocational Education and Training Regulator (Fees) Determination 2022 (2022 Fees Instrument), as in force immediately before the commencement of the new instrument.

SCHEDULE 1 – REPEALS

This Schedule repeals the whole of the National Vocational Education and Training Regulator (Fees) Determination 2022, as the new instrument will replace the 2022 Fees Instrument.

[1] See Item 23A of the table in Section 10 and item 44A of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulations 2015 which in June 2026 could be accessed at https://www.legislation.gov.au/F2015L01475/latest/text