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RTO Special: Complying with RTO Standards

All RTOs applying for Registration with the Australian Skills Quality Authority (ASQA) must adhere to the Standards for Registered Training Organisations (RTOs) 2015 (Standards). This article will step you through the eight standards, as well as how RTO operators can ensure they are compliant.

Standard 1: Responsive to Industry and Learner Needs

You can assess your compliance by considering how each student receives training as well as how their skills, knowledge and experience levels compare before and after completing a course. You need to have the appropriate trainers, support, resources and facilities for each student, and each course needs to reflect current industry requirements.

Standard 2: Quality Assurance

You need to monitor all of your training strategies to ensure they continue to comply with Standard 1. This regularly requires evaluating performance, feedback and complaints to improve your services, and making sure any third parties you hire to perform any of your services also comply with the Standards.

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Standard 3: Secure and Accurate Certification

You will need to issue a certificate to all students who satisfactorily complete your course requirements within 30 days, and make all the required payments.

Standard 4: Accessible Information About Services

Ensure that any information you publish or distribute, as well as what others distribute about your business is accurate and includes:

  • Your RTO Code;
  • Clear information about the training products you provide;
  • Any government subsidies available; and
  • Distinguishes between services offered by third parties.

Standard 5: Informed and Protected Learners

You need to advise the students about whether the training is best suited to their needs, so their decision to undertake the training is informed. This includes providing students with information about:

  • Course requirements;
  • Obligations and rights;
  • Fees payable; and
  • Any changes to the training or requirements as soon as you become aware of them.

Standard 6: Fair Complaints Handling

You must create a clear complaints policy and have an appeals process in place to review decisions. You need to make sure the policies and processes are:

  • Publicly available;
  • Ensures natural justice and fairness; and
  • Provides clear steps of how it progresses.

You need to keep all records of complaints and outcomes and update the individual at each stage of their complaint.

Standard 7: Effective Governance and Administration

You need to ensure that the people with authority in your business meet the Fit and Proper Person Requirements, and can effectively monitor the business’ compliance with the Standards. Also, you will need to have public liability insurance and meet the criteria for the:

  • Financial Viability Risk Assessment Requirements;
  • Requirements for Fee Protection; and
  • Data Provision Requirements.

You must provide accurate and truthful responses to the Regulator to assist their conduct of audits as well as information about your quality and performance and any changes to the business structure. You need to notify them of any agreements you have with third parties to provide services and complete an annual declaration.

Conclusion

Your business will require a comprehensive understanding of the standards to ensure compliance.

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

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Bianca Reynolds

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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