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Standards for Registered Training Organisations (RTOs) Amendment 2019 (No. 1)

Standards for Registered Training Organisations (RTOs) Amendment 2019 (No. 1)

Administered by Department of Employment, Skills, Small and Family Business

Legislation au F2019L00445 Not in force Legislative Instrument

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Explanatory Statement

Standards for Registered Training Organisations (RTOs) Amendment 2019

Authority

The Standards for Registered Training Organisations (RTOs) Amendment 2019 (No.1) (the Amending Instrument) is made by the Minister under section 185 of the National Vocational Education and Training Regulator Act 2011 (the Act), as agreed by the Ministerial Council.

The Amending Instrument amends the Standards for Registered Training Organisations (RTOs) 2015 (F2014L01377)) (the Principal Standards).

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.

Purpose

In 2017, amendments were made to Part 2 of the Principal Standards. These amendments had the effect of setting out the training and assessment credentials required by individuals: who undertook the systematic validation of Registered Training Organisation’s (RTOs) assessment practices and judgements; who provided training and assessments; who provided assessments only; or who worked under the supervision of a trainer for the purpose of delivering training and assessment qualifications for trainers and assessors. The amendments reflected that certain credential requirements were to apply until 31 March 2019, with new credential requirements commencing from 1 April 2019.

The Amending Instrument has the effect of delaying the commencement of these new credential requirements, from 1 April 2019 to 1 July 2019. These amendments will provide RTOs with additional time to ensure their staff are compliant with the new requirements, whilst ensuring they are able to meet either the old or new requirements between 1 April 2019 and 30 June 2019.

Parliamentary scrutiny

Instruments made pursuant to section 185 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, COAG Industry and Skills Council (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 Instrument by resolution passed in accordance with CISC’s procedures.

Description of the Amending Instrument

Item 1

Item 1 provides that the name of the Amending Instrument is the Standards for Registered Training Organisations (RTOs) Amendment 2019 (No.1).

Item 2

Item 2 provides that the amendments in Schedule 1 of the Amending Instrument will commence the day after it is registered on the Federal Register of Legislation, while the amendments in Schedule 2 will commence on 1 July 2019.

Item 3

Item 3 identifies the Amending Instrument is made under subsection 185(1) of the National Vocational Education and Training Regulator Act 2011.

Item 4

Item 4 provides the definition of “the Principal Standards”, used in the Amending Instrument.

Item 5

Item 5 provides that the Principal Standards are amended as specified in Schedule 1 and Schedule 2.

Schedule 1

[1] Standard 1.11

This item replaces Standard 1.11 in Part 2 of the Principal Standards to specify credential requirements that will apply to persons undertaking validation of an RTO’s assessment practices and judgements up until 30 June 2019, prior to the amendments set out in Schedule 2 commencing from 1 July 2019.

[2] Standard 1.14

This item replaces Standard 1.14 in Part 2 of the Principal Standards to specify credential requirements for training and assessment delivery that will apply up until 30 June 2019, prior to the amendments set out in Schedule 2 commencing from 1 July 2019.

[3] Standard 1.15

This item replaces Standard 1.15 in Part 2 of the Principal Standards, to specify credential requirements that will apply persons conducting assessments only, up until 30 June 2019, prior to the amendments set out in Schedule 2 commencing from 1 July 2019.

[4] Standard 1.24

This item replaces Standard 1.24 in Part 2 of the Principal Standards to specify credential requirements for persons working under supervision for the purposes of Standard 1.23 b) that will apply up until 30 June 2019, prior to the amendments set out in Schedule 2 commencing from 1 July 2019.

Schedule 2

The items in this schedule amend Standard 1.11, 1.14, 1.15 and 1.24 in Part 2 of the Principal Standards to remove references to certain items in Schedule 1 of the Principal Standards with the effect that persons referred to in those items will be required to have a different training and assessment credential from 1 July 2019.

Overview

The Standards for Registered Training Organisations (RTOs) Amendment 2019 (No.1) was enacted to address the need for additional time for Registered Training Organisations (RTOs) to ensure their staff comply with new credential requirements. This amending instrument, made by the Minister under section 185 of the National Vocational Education and Training Regulator Act 2011, was agreed upon by the Ministerial Council, currently represented by the Council of Australian Governments (COAG) Industry and Skills Council (CISC). The primary objective of this legislation was to delay the commencement of certain credential requirements from 1 April 2019 to 1 July 2019, providing RTOs with more time to prepare their staff for the changes. This transition period allows RTOs to meet either the old or new requirements between 1 April 2019 and 30 June 2019, ensuring a smoother implementation process.

Scope and Application

The Standards for Registered Training Organisations (RTOs) Amendment 2019 (No.1) pertains to registered training organisations (RTOs) and the professionals within them who are responsible for training and assessment, including those who validate assessment practices and judgements, deliver training and assessments, conduct assessments alone, or work under supervision to deliver training and assessment qualifications. The amendment applies nationally, as it is made under the National Vocational Education and Training Regulator Act 2011, which is a Commonwealth Act. The purpose of the amendment is to provide additional time for RTOs to ensure their staff are compliant with new credential requirements that were originally set to commence on 1 April 2019, but are now delayed until 1 July 2019. This ensures RTOs can meet either the old or new requirements during the transition period between 1 April and 30 June 2019. The instrument extends its application through subordinate instruments as specified in the schedules, with amendments in Schedule 1 commencing the day after registration and those in Schedule 2 commencing on 1 July 2019. There are no exclusions or exemptions stated in the text, and no subordinate instruments are mentioned beyond the schedules.

Key Provisions

The Standards for Registered Training Organisations (RTOs) Amendment 2019 (No.1) primarily amends the Standards for Registered Training Organisations (RTOs) 2015, specifying new credential requirements for individuals involved in training and assessment practices within RTOs. Section 1 of the Amending Instrument renames the document and provides the commencement dates for its amendments, with certain changes taking effect the day after registration and others on 1 July 2019. The amendments outlined in Schedule 1 of the Amending Instrument specify the credential requirements that will apply until 30 June 2019, whereas Schedule 2 outlines the new requirements that will come into effect from 1 July 2019. These provisions are made under section 185 of the National Vocational Education and Training Regulator Act 2011 and are subject to the agreement of the Ministerial Council, currently the Council of Australian Governments (COAG) Industry and Skills Council (CISC). The obligations imposed by the Amending Instrument require RTOs to ensure that individuals conducting validation of assessment practices and judgements, providing training and assessments, conducting assessments only, or working under the supervision of a trainer, meet specific credential requirements. For the period up until 30 June 2019, these individuals must comply with the existing credential requirements specified in the Principal Standards. From 1 July 2019, RTOs must ensure that these individuals meet the new credential requirements as outlined in Schedule 2 of the Amending Instrument. This transition period allows RTOs to adequately prepare their staff for the new standards without abrupt disruption to their training and assessment activities. The Amending Instrument does not explicitly state penalties for non-compliance with its provisions. However, failure to comply with the standards set out in the National Vocational Education and Training Regulator Act 2011 or the Standards for Registered Training Organisations (RTOs) 2015 could result in regulatory action by the Australian Skills Quality Agency (ASQA), which is responsible for ensuring compliance with the standards. Such actions may include formal warnings, fines, or in severe cases, the suspension or cancellation of an RTO’s registration. The exact penalties for non-compliance would be governed by the relevant provisions of the National Vocational Education and Training Regulator Act 2011 and associated regulations, which are not detailed within the Amending Instrument itself.

Area of Law: Education Law
Instrument: Amending Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Compliance Obligations

Interactions

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.

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