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RTO Special: Back to (Registration) Basics

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Registered training organisations (RTOs) deliver vocational training to students across Australia. RTOs offer Certificates, Diplomas and Advanced Diplomas in a number of areas. For example, courses in sheet metal trades, baking, tiling, and panelbeating are all skills that are in demand nationally, and that RTOs assist in providing.

The government also subsidises many courses. Some areas of focus for RTOs include agriculture, arts and culture, business, design, construction and mining, and education and training. You can find the whole range of courses on offer by RTOs on the Department of Education and Training’s website. It also operates as the national register for all RTOs in Australia. This article will set out the basics for training organisations wanting to register.

Who are the Key Players?

RTOs deliver nationally recognised qualifications. The Australia Skills Quality Authority (ASQA) regulates RTOs located in NSW, SA, ACT, QLD, TAS or NT. The Victorian Registration and Qualifications Authority (VRQA), and the Training and Accreditation Council (TAC) regulates RTOs in Victoria and Western Australia respectively.

ASQA also regulates RTOs in Victoria and WA if they provide training for overseas students, or courses to students in other states or territories, including online courses. RTOs that come under ASQA’s jurisdiction must comply with the Standards for Registered Training Organisations (RTOs) 2015 (Standards), which entered into force in April this year.

Australian Skills Quality Authority

To register as an RTO with ASQA, an organisation must satisfy certain criteria. It can take between 7 to 9 months for ASQA to complete a full assessment and make a decision. RTOs must meet the following:

  • Fit and Proper Person Requirements;
  • Australian Qualifications Framework;
  • Financial Viability Risk Assessment Requirements 2011; and
  • Data Provision Requirements 2012.

RTOs must also be eligible for registration (i.e. fall within ASQA’s jurisdiction), and demonstrate their financial viability.

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Victorian Registration and Qualifications Authority 

In Victoria, organisations must register with VRQA if they:

  • Provide vocational and education training (VET) courses to students in VIC or WA only;
  • Have their principal place of business in VIC; and
  • Are an incorporated company or association in Australia.

Organisations must also comply with:

  • VRQA Guidelines for VET providers;
  • Essential Conditions and Standards published by the Australian Quality Training Framework (AQTF); and
  • The organisation’s principal purpose must be providing education and training (assessed by VRQA).

Training and Accreditation Council

In WA, the Training and Accreditation Council (TAC) applies only to organisations that provide nationally recognised training to students located only in WA, or in WA and Victoria. The principal place of business needs to be in WA, and the organisation must comply with:

  • The Standards;
  • The Vocational Education and Training Act 1996;
  • Other licencing or policy requirements; and
  • Demonstrate a working knowledge of the Australian Qualifications Framework (AQF).

They also must be able to demonstrate financial viability.

Conclusion

As you can see, becoming an RTO is not a straightforward process! There are many aspects a business must consider if they are thinking of registering and operating as an RTO.

LegalVision cannot provide legal assistance with RTOs. We recommend you contact your local law society.

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Bianca Reynolds

Practice Leader | View profile

Bianca is a Practice Leader at LegalVision with expertise in private M&A and Corporate law. She has assisted clients in a large number of business sale and share sale transactions and assists clients with their general corporate needs, such as shareholders agreements, share buy-backs and employee share option plans.

Qualifications: Bachelor of Laws (Hons), Graduate Diploma of Legal Practice, Bachelor of Arts, University of Adelaide.

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