Standards for Registered Training Organisations (RTOs) Amendment 2017

Administered by Department of Education

Legislation au F2017L00882 Not in force Legislative Instrument

Legislation content

Explanatory Statement

 

Standards for Registered Training Organisations (RTOs) Amendment 2017

 


Purpose

The purpose of the Standards for Registered Training Organisations (RTOs) Amendment 2017 (the Amending Standard) is to amend the Standards for Registered Training Organisations (RTOs) 2015 (F2014L01377)) (the 2015 Standards) to update the specified qualifications, skill sets and units of competency required to be held or met by trainers and assessors.

Authority

Subsections 185(1) and 186(1) of the National Vocational Education and Training Regulator Act 2011 (the Act) respectively provide that the Minister may, by legislative instrument, make standards for NVR registered training organisations and make requirements for assessing whether a person is a fit and proper person, as agreed by the Ministerial Council. Section 191 of the Act specifies that the Ministerial Council (currently the Council of Australian Governments (COAG) Industry and Skills Council (CISC)) is to give its agreement by resolution of the Ministerial Council passed in accordance with the procedures determined by the Ministerial Council.

Subsection 185(2) of the Act provides that the agreed standards are to be known as the Standards for NVR Registered Training Organisations, and subsection 186(2) of the Act provides that the agreed requirements are to be known as the Fit and Proper Person Requirements.  

Parliamentary scrutiny

Instruments made pursuant to subsection 185(1) and 186(1) of the Act are not subject to disallowance (see item 23A to the table in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015) or to sunsetting (see item 44A to the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015).

Regulatory Impact

The Office of Best Practice Regulation has been consulted and has determined that a Regulatory Impact Statement is not required for these measures (OBPR ID: 20918).

Consultation

Currently, CISC is the body established by COAG to deal with training and skills and is therefore the Ministerial Council for the purposes of the Act. CISC agreed to the Amending Standard by resolution passed in accordance with CISC’s procedures.

Innovation and Business Skills Australia (IBSA) consulted on proposed changes to the Training and Education Training Package. IBSA undertook these consultations in its former capacity as the industry skills council responsible for maintaining and updating the TAE Training Package in line with industry’s needs.

Description of the Amending Standard

Clause 1

Clause 1 specifies the name of the Amending Standard is the Standards for Registered Training Organisations (RTOs) Amendment 2017.

Clause 2

Clause 2 specifies that the Amending Standard will commence on the day after it is registered on the Federal Register of Legislation.

Clause 3

Clause 3 specifies the Amending Standard is made under subsections 185(1) and 186(1) of the National Vocational Education and Training Regulator Act 2011.

Clause 4

Clause 4 specifies the definitions of terms used in the Amending Standard.

Clause 5

Clause 5 specifies that the 2015 Standards are amended as described in Schedule 1.

Schedule 1

[1] Part 1 – Preliminary

This item provides a definition for ‘training and assessment credential’. For the purposes of the definition of ‘training and assessment credential’, ‘combination’ is intended to indicate that a training and assessment credential may comprise one or a number of applicable qualifications, skill sets or units of competency specified in the table at Schedule 1 of the 2015 Standards.

[2] Standard 1.11

This item amends the training and assessment credential requirements specified in standard 1.11.

[3] Standard 1.14

This item amends the training and assessment credential requirements specified in standard 1.14.

[4] Standard 1.15

This item amends the training and assessment credential requirements specified in standard 1.15.

[5] Standard 1.18 a)

This item amends the training and assessment credential requirements specified in standard 1.18 a).

[6] Standard 1.21

This item removes transitional requirements in the 2015 Standards that are no longer required.

[7] Standard 1.22

This item removes the words ‘From 1 January 2016’ from standard 1.22 as this date has passed and is no longer necessary.

[8] Standard 1.23

This item amends the training and assessment credential requirements specified in standard 1.23.

[9] Standard 1.24

This item amends the training and assessment credential requirements specified in standard 1.24.

[10] Standard 1.25

This item removes the words ‘From 1 January 2016’ from standard 1.23 as this date has passed and is no longer necessary.

[11] Schedule 1

This item replaces the table in Schedule 1 of the 2015 Standards with a new table which specifies the training and assessment credential requirements for certain standards.

References to ‘or its successor’ are intended to ensure that where successor qualifications, skill sets or units of competency exist, those successors are taken to fulfil the same requirement as the training and assessment credentials specified in the table under Schedule 1.

Overview

The Standards for Registered Training Organisations (RTOs) Amendment 2017, enacted in 2017, was introduced to update the qualifications, skill sets, and units of competency required for trainers and assessors within registered training organisations. This legislation aims to ensure that these professionals maintain the necessary standards to deliver quality vocational education and training in Australia. The enacting body for this amendment is the Australian Parliament, under the authority granted by the National Vocational Education and Training Regulator Act 2011. The policy objective behind this amendment is to ensure that trainers and assessors are adequately qualified and capable of providing high-quality training, thereby maintaining the integrity and effectiveness of the vocational education and training sector. The Standards for Registered Training Organisations Amendment 2017 addresses the need to keep the training and assessment credentials up-to-date with industry standards and requirements, ensuring that trainers and assessors possess the appropriate knowledge and skills to deliver effective training. This amendment reflects a commitment to continuous improvement in the vocational education and training sector, aiming to align training standards with current industry practices and future needs.

Scope and Application

The Standards for Registered Training Organisations (RTOs) Amendment 2017 pertains to the standards governing registered training organisations under the National Vocational Education and Training Regulator Act 2011. The Act applies to entities that are registered training organisations (RTOs) within the Commonwealth of Australia, as well as to trainers and assessors employed by these organisations. The amendment aims to update the specified qualifications, skill sets, and units of competency that trainers and assessors must hold or meet to ensure they are fit and proper persons. The legislative instrument is made under the authority of the Act, and the Ministerial Council, currently the Council of Australian Governments (COAG) Industry and Skills Council (CISC), has agreed to these standards by resolution. The amendment does not introduce any new exclusions or exemptions but updates existing standards to reflect changes in the qualifications and credentials required of trainers and assessors. The amendment comes into effect on the day after it is registered on the Federal Register of Legislation.

Key Provisions

The Standards for Registered Training Organisations (RTOs) Amendment 2017 (the Amending Standard) introduces significant changes to the Standards for Registered Training Organisations (RTOs) 2015 (the 2015 Standards). The primary objective of this legislation is to update the specified qualifications, skill sets, and units of competency that trainers and assessors must hold or meet. The operative sections of this amendment, detailed in Schedule 1, primarily revise the training and assessment credential requirements in various standards (sections 1.11, 1.14, 1.15, 1.18 a), 1.23, and 1.24). These sections provide clarity on the qualifications necessary for trainers and assessors in different areas of vocational education and training. Additionally, the amendment removes outdated transitional requirements and references from the 2015 Standards, ensuring that the updated requirements are current and applicable (sections 1.21 and 1.22). The Amending Standard imposes specific obligations on Registered Training Organisations (RTOs) to ensure compliance with the updated training and assessment credential requirements. RTOs must ensure that their trainers and assessors hold the requisite qualifications, skill sets, or units of competency as specified in the amended standards. This includes updating any existing credentials to meet the new requirements where necessary. By adhering to these obligations, RTOs maintain their registration status and continue to provide quality training and assessment services within the vocational education and training sector. Failure to comply with the updated requirements set out in the Amending Standard may result in significant consequences for RTOs. Non-compliance could lead to deregistration or other enforcement actions by the National Vocational Education and Training Regulator (the Regulator). This could potentially disrupt the delivery of training services and impact the qualifications of trainers and assessors. Additionally, trainers and assessors who do not meet the new credential requirements may face restrictions on their ability to deliver training, thereby affecting the quality of education provided within the sector. It is crucial for RTOs to stay informed and compliant with these standards to avoid such repercussions.

Legal classification tags

Area of Law
Education Law
Instrument
Amending Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Transitional Provisions
Licensing & Registration
Compliance Obligations

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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.