Credential Policy Explanatory Statement

[EXPLANATORY STATEMENT]{.underline}

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

National Vocational Education and Training Regulator (Compliance Standards for NVR Registered Training Organisations and Fit and Proper Person Requirements) Instrument 2025

AUTHORITY

The  National Vocational Education and Training Regulator (Compliance Standards for NVR Registered Training Organisations and Fit and Proper Person Requirements) Instrument 2025 (the Instrument) is made under subsections 185(1) and 186(1) of the National Vocational Education and Training Regulator Act 2011 (the Act).

Subsection 185(1) of the Act empowers the Minister for Skills and Training, by legislative instrument (with the agreement of the Ministerial Council), to make standards for NVR registered training organisations. Subsection 186(1) of the Act empowers the Minister for Skills and Training, by legislative instrument (with the agreement of the Ministerial Council), to make requirements for assessing whether a person is a fit and proper person. Section 22(1) of the Act provides that an NVR registered training organisation must comply with the Standards for NVR Registered Training Organisations and section 23 requires an NVR registered training organisation to satisfy the Fit and Proper Person Requirements (see also, paragraph 21(a)).

Section 191 of the Act specifies that the Ministerial Council is to give its agreement by resolution of the Ministerial Council and passed in accordance with the procedures determined by the Ministerial Council. Currently the Ministerial Council is constituted by the Skills and Workforce Ministerial Council.

The Instrument repeals the Standards for Registered Training Organisations (RTOs) 2015 (the 2015 Standards) -- the existing instrument made under subsections 185(1) and 186(1) 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 Instrument, together with the National Vocational Education and Training Regulator (Outcome Standards for NVR Registered Training Organisations) Instrument 2025, replaces the 2015 Standards.

**

PARLIAMENTARY SCRUTINY

**Exemption from disallowance: **

Instruments made under subsections 185(1) and 186(1) of the Act are prescribed by regulation as exempt from disallowance and sunsetting for the purposes of paragraph 44(2)(b) and 54(2)(b) of the Legislation Act 2003 (see Item 23A, paragraph (d) of the table in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and Item 44A, paragraph (d) of the table in section 12).

This is consistent with subsection 44(1) of the Legislation Act 2003 which provides that an instrument will not be subject to disallowance where the instrument facilitates the establishment or operation of an intergovernmental body or scheme involving the Commonwealth and one or more states or territories, and authorises the instrument to be made by the body or for the purposes of the body or scheme.

It is appropriate for the Instrument to be exempt from sunsetting and disallowance because of the nature of the intergovernmental scheme (known as the National VET Scheme) that the Instrument and the Act facilitates. The National VET scheme is underpinned by referrals of constitutional power from states and territories (with the exception of Western Australia and Victoria) to allow for the Commonwealth to regulate the VET sector. The Act's commencement followed the then Council of Australian Governments' decision to establish a new approach to national regulation for the VET sector. The Act was enacted consistent with the Intergovernmental Agreement for Regulatory Reform in VET, thereby facilitating the establishment and operation of an intergovernmental scheme involving the Commonwealth and referring states for the purposes of VET regulation.

Legislative instruments made under subsection 185(1) and 186(1) the Act, such as the Instrument, are governed by the consultation requirements at section 191 of the Act. These requirements mean that, for the purposes of making any instrument under subsection 185(1) and 186(1) of the Act, the Commonwealth must obtain the agreement of the Ministerial Council by resolution of the Council passed in accordance with the procedures determined by the Council under section 191 of the Act.

To comply with these consultation requirements, the Department obtained the agreement of the Ministerial Council on 24 May 2024 to the final policy drafts of the revised Standards for RTOs, and consulted with states and territories on the Instrument through the Skills Senior Officials' Network (SSON), which is comprised of senior officials from each state and territory government department responsible for VET. Feedback from the SSON was incorporated into the revised instrument prior to the Ministerial Council, (currently the Skills and Workforce Ministerial Council), agreeing to the Instrument. The Western Australian Training Accreditation Council (TAC) was also consulted, recognising that while TAC regulated Western Australian RTOs are not covered by the Act, TAC plans to adopt the Instrument to regulate these RTOs consistent with the agreement by states, territories and the Commonwealth in the Intergovernmental Agreement for Regulatory Reform in VET to take a nationally-consistent approach to regulating the VET sector.

On this basis, any potential disallowance of legislative instruments made under subsections 185(1) and 186(1) of the Act may discourage state and territory support for the VET regulatory framework, given that substantial and robust consultation is required to be undertaken with states and territories. A disallowance might be perceived as the Commonwealth Parliament unilaterally disallowing instruments that facilitate the National VET Scheme and are part of a multilateral outcome.

Further justification for this disallowance exemption is provided under the Explanatory Memorandum for the Legislation (Exemptions and Other Matters) Amendment (Sunsetting and Disallowance Exemptions) Regulation 2016 (refer to commentary for Item 3).

Collection of Personal Information:

The National VET Regulator, staff of the Regulator and consultants engaged by the Regulator together comprise the Australian Skills and Quality Authority (ASQA). ASQA is an APP entity under the Privacy Act 1988 (Privacy Act) and therefore subject to the Privacy Act, the Australian Privacy Principles (APPs) and the Privacy (Australian Government Agencies -- Governance) APP Code 2017.

Information collected by ASQA under the Instrument includes personal information and sometimes sensitive information, (as defined under the Privacy Act) and is collected in order for the National VET Regulator to properly and efficiently carry out their functions. ASQA only collects such information for purposes that are reasonably necessary for, or directly related to, its functions or activities under the Act, the Education Services for Overseas Students Act 2000, or the Freedom of Information Act 1982. ASQA's Privacy Policy (available at https://www.asqa.gov.au/about/reporting-and-accountability/privacy-policy) details how it safeguards information and notifies individuals about the use and collection of personal information.

Any unauthorised disclosure of VET Information under section 204 of the NVETR Act (which includes personal information) is a strict liability offence that extends to the National VET Regulator, a member of staff of the Regulator or consultants engaged by the Regulator.

**

PURPOSE AND OPERATION

Skills Ministers agreed the following wording as a preamble to the revised Standards for RTOs at the 20 September 2024 meeting of the Skills and Workforce Ministerial Council. The preamble has been included in this Explanatory Statement to assist with interpreting this instrument.

Skills Ministers' Statement

High quality vocational education and training (VET) is vital to Australia's future, producing the knowledge and skills to position Australia as an economically prosperous, socially equitable and environmentally sustainable nation.

All Australian governments have agreed to build a high-performing and world-class VET sector with TAFE at the heart, a system in which training is accessible to Australians from all walks of life, supporting students to succeed and all Australians to train, upskill and retrain.

Public providers form a key pillar of a diverse VET sector, one in which a wide variety of high-quality providers are needed to deliver training across different contexts. This includes a diverse range of private providers, community and adult education providers, enterprise RTOs and VET delivered in secondary schools. RTOs deliver to learners of all ages in wide ranging contexts, meeting skills needs across the entire economy and this diversity is a strength of the VET sector.

The Standards for RTOs have been revised to strengthen the focus on quality outcomes for learners and employers, provide greater clarity for RTOs and regulators, allow for more flexibility and innovation in training delivery and support. The changes are designed to better reflect the diversity of the VET sector and ensure the Standards are fit-for-purpose across different RTO settings and delivery contexts. This will help to embed quality aspirations and ensure the Standards clearly articulate characteristics required of RTOs to foster a shared understanding of high-quality delivery for all users of the VET system.

General Purpose and Operation

Under section 22 of the Act, an NVR registered training organisation must comply with the Standards for NVR Registered Training Organisations (part of the VET Quality Framework, defined in section 3 of the Act) as a condition of their registration under subsection 17(2) of the Act.

The Instrument applies to NVR registered training organisations (NVR RTOs), who are defined in section 3 of the Act as a training organisation registered by the National VET Regulator (i.e. the Australian Skills Quality Authority (ASQA)) as a registered training organisation under the Act. Where RTOs are regulated by state-based regulators (i.e. TAC and VRQA), as is the case for some RTOs in Victoria and Western Australia, those RTOs' regulatory obligations are set out in state legislation. Victoria and Western Australia may, for the RTOs that TAC and VRQA are responsible for regulating, adopt and impose the same regulatory requirements outlined in the Instrument by amending their own primary legislation and legislative instruments to reflect these regulatory requirements. This is consistent with the agreement by states, territories and the Commonwealth in the Intergovernmental Agreement for Regulatory Reform in VET to take a nationally-consistent approach to regulating the VET sector.

For the purposes of subsection 185(2) of the Act, the Standards for NVR Registered Training Organisations comprise of two separate instruments:

  1. The Outcomes Standards -- which describe the outcomes NVR RTOs must achieve to deliver quality VET. The Outcomes Standards are detailed in a separate instrument -- the National Vocational Education and Training Regulator (Outcome Standards for NVR Registered Training Organisations) Instrument 2025 -- which also incorporates the Credential Policy. This policy sets out the credentials required for people delivering training and assessment and for people undertaking validation of assessment practices and tools and is listed on the National Training Register.

  2. The Compliance Standards -- which are set out in this Instrument and comprised of administrative, binary or process-oriented requirements which NVR RTOs must comply with. These requirements are essential to upholding the integrity of the VET sector by ensuring NVR RTOs are complying with the fundamental administrative requirements central to their operation as a registered training organisation. The Instrument also specifies Fit and Proper Person Requirements at Schedule 1 (for the purposes of subsection 186(1) of the Act) and the Nationally Recognised Training Logo Conditions of Use Policy (NRT Logo Conditions of Use policy) at Schedule 2. The purpose of the NRT Logo Conditions of Use policy is to specify the circumstances and the conditions in which NVR RTOs may use the Nationally Recognised Training Logo.

Both instruments are of equal importance, and NVR RTOs must comply with the Instrument and the Outcomes Standards as part of their obligations under subsection 22(1) and (in the case of the Fit and Proper Person Requirements) section 23 of the Act. ASQA will consider whether a training organisation applying to become an NVR RTO is complying, or will comply, with these instruments for the purposes of registration as an NVR RTO under section 17 of the Act. Under section 35 of the Act, ASQA will also conduct compliance audits at various intervals throughout the NVR RTO's registration period to assess whether the NVR RTO continues to comply with the Instrument and Outcomes Standards, as required by paragraph 21(a) of the Act.

As noted above, the Instrument introduces administrative and process-oriented requirements which NVR RTOs must comply with to uphold the integrity of VET. Most of these requirements were drawn from the 2015 Standards, following consultation with the VET sector. Some adjustments were made to the Instrument (relative to the comparative requirements set out in the 2015 Standards) to provide greater clarity for the VET sector and to strengthen some of the integrity requirements imposed on NVR RTOs.

The Instrument groups the standards that NVR RTOs must comply with into the following Divisions, and introduces some changes to administrative requirements for NVR RTOs which expand on or strengthen those in the 2015 Standards:

  • Division 1 -- Information and transparency: comprising requirements regarding marketing and advertising, guarantees and inducements. The purpose of these requirements is to ensure that NVR RTOs only produce and disseminate marketing materials and advertisements that are accurate, and do not make any guarantees or offer inducements which are misleading.

  • Division 2 - Integrity of nationally recognised training products -- comprising requirements regarding the issuing of AQF certification documentation, records of AQF certification documentation and assessments, issuing of VET qualifications and VET statements of attainment, student identifiers, use of the NRT logo, and transition of training products. The purpose of these requirements is to maintain the integrity of the VET system by ensuring NVR RTOs retain and issue relevant documentation and only use the NRT logo in accordance with the requirements set out in Division 2 of the Instrument.

The Instrument, in comparison to the corresponding requirements in the 2015 Standards, also introduces a requirement in paragraph 10(c) for an NVR RTO to retain student assessment records for a period of two years following the student's completion of the training product and introduces a requirement in subparagraph 14(1)(a)(ii) for transition or teaching out of existing students enrolled in a superseded training product to be undertaken in a timely manner.

This requirement in subparagraph 14(1)(a)(ii) is designed to minimise disruption for existing students, reduce administrative burden on NVR RTOs and the number of requests to regulators for extension of the transition period. The current time limit of one year for enrolling new students in a superseded training product has been retained in subparagraph 14(1)(a)(i). This ensures that new students are enrolled in the most current version of the training product no later than one year after it was included on the National Register.

  • Division 3 - Accountability -- comprising requirements regarding annual declarations on compliance, notification of material changes, third party arrangements, prepaid fee protections, public liability insurance and compliance with other laws. The purpose of these requirements is to impose reporting obligations on NVR RTOs to make ASQA aware of any potential integrity issues, ensure NVR RTOs have systems in place to protect VET students, and require NVR RTOs to monitor the operation of third parties who are engaged by the NVR RTO to deliver services.

The Instrument, in comparison to the corresponding requirements in the 2015 Standards, also introduces the following accountability requirements:

  • Clause 15 -- which introduces requirements concerning submission by NVR RTOs of their annual declaration on compliance;

  • Clause 16 -- which has been introduced to clarify requirements for NVR RTOs to notify ASQA of material changes and to strengthen integrity obligations by reducing the timeframe within which NVR RTOs must generally provide notice from 90 days to 10 business days;

  • Clause 17 -- which has been introduced to clarify requirements around third party arrangements by reference to a more detailed definition of 'third party' in clause 4 of the Instrument and by providing further detail concerning what information and matters are to be addressed in written agreements between NVR RTOs and third parties;

  • Clause 18 -- which has been amended to more clearly set out NVR RTO obligations concerning 'prepaid fees' (as defined in clause 4 of the Instrument), thereby supporting clarity within the VET sector regarding these requirements; and

  • Clause 20 -- which has been amended to specifically refer to relevant privacy legislation (i.e. including the Student Identifiers Act 2014) to ensure NVR RTOs are aware of their legal obligations to ensure the secure maintenance of VET students' personal information and student identifiers.

Schedules

There are three Schedules attached to the Compliance Standards instrument:

  • Schedule 1 which specifies Fit and Proper Person Requirements (FPPRs) for the purposes of subsection 186(1) of the Act. Minimal changes have been made from the version of the policy set out in the 2015 Standards, except to expressly expand the types of persons who ASQA can consider for the purposes of assessing compliance with the FPPRs;

  • Schedule 2 which specifies the NRT Logo Conditions of Use Policy that NVR RTOs must comply with in accordance with clause 13 of the Instrument. Minimal changes have been made from the version of the policy set out in Schedule 4 of the 2015 Standards, except to include some overarching principles concerning the use of the NRT logo and some additional standards for the use of the NRT logo (including the typeface, font and colour in which the logo must be reproduced). These additional details have been included to provide greater guidance to NVR RTOs when using the NRT logo and to ensure the logo is reproduced and displayed in a consistent format and style by NVR RTOs; and

  • Schedule 3 which repeals the 2015 Standards instrument in whole.

REGULATORY IMPACT

The Office of Impact Analysis (OIA) has advised that an Impact Analysis is not required. OIA reference ID: OIA23-05991.

COMMENCEMENT

The Instrument commences on 1 July 2025.

CONSULTATION

The National VET Regulator, Western Australia Training Accreditation Council and state and territory governments have been consulted regarding the making of the Instrument. Feedback was considered and incorporated into the Instrument where appropriate.

In addition, the Instrument was developed by incorporating feedback from states and territories, VET regulators, and through testing with RTO peak bodies, including workshops with key stakeholder networks.

A public survey has also provided an opportunity for stakeholders to consider the policy draft of this instrument to ensure that it is clear, the purpose is understood, and to identify any concerns with how NVR RTOs might meet the requirements. Feedback from the survey has informed the development of the Instrument.

The Commonwealth and state and territory Skills Ministers have had oversight of the development of the Instrument. At the Skills and Workforce Ministerial Council (SWMC) meeting in May 2024, Skills Ministers endorsed policy drafts of the revised Standards for RTOs package comprising of the Outcome Standards, Compliance Requirements and Credential Policy. Following minor refinements, and as agreed by Skills Ministers in September 2024, the policy drafts were publicly released to the sector in October 2024.

The Instrument reflects the Compliance Requirements policy draft released for public consultation in October 2024 with minor wording adjustments in response to stakeholder feedback and minor wording updates where required to give legal effect to the policy intent.

In December 2024, the Commonwealth Minister for Skills and Training wrote to his state and territory counterparts seeking their agreement to the Instrument. All Skills Ministers have responded, supporting the Instrument and the Ministerial Council has given its agreement for the purposes of the Instrument, in accordance with section 191 of the Act.

[EXPLANATION OF PROVISIONS]{.underline}

National Vocational Education and Training Regulator (Compliance Standards for NVR Registered Training Organisations and Fit and Proper Person Requirements) Instrument 2025

Part 1 -- Preliminary

[Clause 1: Name of legislative instrument]{.underline}

  1. This clause provides that the name of the instrument is the National Vocational Education and Training Regulator (Compliance Standards for NVR Registered Training Organisations and Fit and Proper Person Requirements) Instrument 2025 (the Instrument).

[Clause 2: Commencement]{.underline}

  1. This clause provides that the whole of the Instrument commences on 1 July 2025.

  2. Enacting the Instrument early in 2025 will provide certainty to the VET sector and ensure the Instrument is registered and publicly available in advance of its commencement. This will help prepare the sector to transition to the revised requirements set out in the Instrument in time for the 1 July 2025 commencement date.

[Clause 3: Authority]{.underline}

  1. This clause provides that the Instrument is made under subsections 185(1) and 186(1) of the National Vocational Education Training and Regulator Act 2011 (the Act).

[Clause 4: Definitions]{.underline}

  1. This clause sets out the definitions of terms used in the Instrument. A note to clause 4 provides that a number of expressions used in the Instrument are defined in section 3 of the Act.

  2. The definition of 'services' refers to 'training and assessment'. This should be taken to mean training, assessment or both training and assessment, noting the various uses of this term throughout the Instrument as well as the Outcome Standards Instrument.

[Clause 5: Effect of this instrument]{.underline}

  1. This clause explains the legal effect of the Instrument. Paragraph 5(1)(a) provides that the Instrument specifies Standards for NVR Registered Training Organisations (i.e. the Compliance Standard) as authorised by subsection 185(1) of the Act. Paragraph 5(b) provides that Schedule 1 to the Instrument specifies Fit and Proper Person Requirements, as authorised by subsection 186(1) of the Act.

  2. A note to section 5 notifies the reader that sections 21-23 of the Act are conditions of an organisation's registration as an NVR registered training organisation (NVR RTO) under the Act.

[Clause 6: Schedules]{.underline}

  1. This clause provides that each instrument specified in a Schedule to the Instrument is amended or repealed and any other item in a Schedule to the Instrument has effect according to the terms of the Schedule. The Instrument consists of three Schedules which set out the Fit and Proper Person Requirements (Schedule 1) and the Nationally Recognised Training Logo Conditions of Use Policy (Schedule 2), as well as repeals the Standards for Registered Training Organisations (NVR registered training organisations) 2015 (Schedule 3).

Part 2 -- Compliance Requirements

Division 1 -- Information and Transparency

[Clause 7: Marketing and advertising]{.underline}

  1. The purpose of this clause is to impose requirements on an NVR RTO concerning advertisements or marketing materials that an NVR RTO, a third party or an expert engaged by the NVR RTO is responsible for disseminating.

  2. Subclause 7(1) requires an NVR RTO to ensure that such advertisements or marketing materials include information that accurately identifies that the organisation is registered on the National Register (as referred to in section 216 of the Act) as a registered training organisation registered with the National VET Regulator (the Regulator). Paragraphs 7(1)(b) and (c) otherwise require NVR RTOs to accurately represent the services the organisation will offer by expressly identifying which services will result in a VET student obtaining or not obtaining AQF certification documentation, and accurately provide information regarding any financial support arrangements available for VET students engaging in the services.

  3. Paragraph 7(1)(d) also specifies that advertisements or marketing materials must not expressly or impliedly state that an NVR RTO has any connection with a particular person, unless consent of that person has been obtained. The intent of this provision is to ensure NVR RTOs do not represent the organisation or their services as having received the endorsement of, or as being affiliated with, any 'person', where this is not the case. The term 'person' is to be interpreted broadly, consistent with section 2C of the Acts Interpretation Act 1901, and is intended to cover any organisations, individuals, government institutions etc.

  4. Subclause 7(2) is intended to impose a broad set of obligations on NVR RTOs to ensure that the advertisement or marketing of training products are not misleading, particularly to prospective VET students. To achieve this object, subclause 7(2) imposes an obligation on NVR RTOs to ensure that any advertisements or marketing materials which refer to a training product:

    • include the code and title of the training product as published on the National Register -- see section 216 of the Act, and the training.gov.au website, which currently hosts the National Register;

    • accurately represent the training products on the organisation's scope of registration -- i.e. by not purporting to offer training products which are not on the organisation's scope of registration (as defined in section 4 of the Act), and providing accurate information concerning those training products;

    • only refer to a training product that is no longer current while it remains on the organisation's scope of registration and new enrolments are permitted so that prospective VET students are not misled about what training products are available; and

    • only represent that completion of a training product will lead to a licensed or regulated outcome (as defined in clause 4 of the Instrument) where this has been confirmed by the relevant industry regulator.

  5. Subclause 7(3) imposes an obligation on NVR RTOs to ensure that any advertisements or marketing materials which refer to services that an NVR RTO has engaged an expert or third party to deliver, identify which services will be delivered by the expert or third party, including where the third party is:

    • recruiting prospective VET students on behalf of the organisation; or

    • delivering training or assessment on behalf of the organisation.

  6. This is to ensure that NVR RTOs are not misleading prospective VET students about the services they, as opposed to third parties or experts, will provide and is intended to ensure NVR RTOs provide clarity around when an expert or third party will be used to deliver services.

[Clause 8: Guarantees and inducements]{.underline}

  1. The purpose of this clause is to ensure that NVR RTOs do not make any verbal or written guarantees to a VET student about their successful completion of, or the manner in which they will complete, a training product, or the employment outcome they may obtain as a result of completing a training product.

  2. Paragraphs 8(a) to (c) achieve this outcome by ensuring that NVR RTOs are prohibited from making any such inducements, thereby ensuring that prospective VET students are not misled into enrolling in a training product that they would not otherwise have enrolled in.

**

Division 2 -- Integrity of Nationally Recognised Training Products

[Clause 9: Issuance of AQF certification documentation]{.underline}

  1. Subclause 9(1) provides that an NVR RTO must not issue AQF certification documentation to any person unless that person is a VET student who has been assessed by the NVR RTO as meeting the requirements of the training product. The intent of this subclause is to ensure that such qualifications are only issued where the NVR RTO has undertaken appropriate assessment of the relevant VET student, consistent with the specified training product requirements, thereby maintaining the integrity of training products and the VET system, more broadly.

  2. Subclause 9(2) requires an NVR RTO that has assessed a VET student as meeting the requirements of the training product in accordance with subclause 9(1) to ensure that AQF certification documentation is issued to the VET student within 30 calendar days from the completion of the assessment, provided the VET student:

    • has completed the AQF qualification; or

    • has completed one or more units of an AQF qualification which they have subsequently withdrawn from; and

    • has paid to the organisation all agreed fees associated with the training product.

  3. The purpose of subclause 9(2) is to facilitate the issuance of AQF certification to eligible VET students in a reasonable timeframe. This will ensure that NVR RTOs are providing VET students with the AQF certification documentation to which they are entitled, and which they have paid for.

[Clause 10: Records of AQF certification documentation and assessments]{.underline}

  1. The purpose of clause 10 is to ensure that NVR RTOs maintain robust and transparent records of AQF qualifications and VET statements of attainment that have been issued by the NVR RTO, which will allow VET students and the Regulator to easily access these details. This will promote confidence in the integrity of certification documents issued by NVR RTOs and will ensure the Regulator can review those records, where required.

  2. Paragraph 10(a) requires an NVR RTO to maintain a register in accordance with the AQF Qualifications Register Policy of all:

    • AQF qualifications it is authorised to issue; and

    • AQF qualifications and VET statements of attainment that the NVR RTO has issued to VET students.

  3. Paragraph 10(b) requires an NVR RTO to retain records of all AQF certification documentation issued to VET students for a period of thirty years, in accordance with the AQF Qualifications Register Policy. The length of the retention period is appropriate as it will ensure that all former VET students can access their documentation from the NVR RTO, and will allow the Regulator to undertake historical compliance audits, if required.

  4. Paragraph 10(c) introduces a new requirement that was not contained in the 2015 Standards for an NVR RTO to retain records of all assessments submitted by a VET student to the NVR RTO or a third party for a period of 2 years after the student has completed the training product. This will ensure that former VET students and the Regulator can access records of specific assessments within a reasonable period after the relevant VET student has completed that assessment, without imposing an undue burden on NVR RTOs to retain records of the assessment for an extended period of time.

  5. Paragraph 10(d) imposes an obligation on NVR RTOs to ensure that all VET students (including those previously enrolled with the NVR RTO) are able to access copies of their AQF certification documentation retained under paragraph (b). This is intended to make it clear that NVR RTOs have a supplementary obligation to ensure VET students can access copies of the records retained by the NVR RTO.

  6. Paragraph 10(e) requires that, upon request from the Regulator, an NVR RTO must provide a report of all AQF qualifications and VET statements of attainment that the NVR RTO has issued during the period specified in the Regulator's request. This paragraph is intended to ensure that the Regulator has a clear power to access information that is reasonably required for the Regulator to undertake its compliance obligations under the Act.

[Clause 11: Issue of VET qualifications and VET statements of attainment]{.underline}

  1. Clause 11 provides that all VET qualifications and VET statements of attainment issued by NVR RTOs must comply with the AQF Qualifications Issuance Policy and contains a list of requirements these qualifications must include. The requirements are designed to ensure consistency and uniformity across VET qualifications and VET statements of attainment, which will promote national recognition of these qualifications and lead to increased integrity within the VET sector. The requirements will also provide clarification for NVR RTOs about what information must be included in VET qualifications and VET statements of attainment, and the circumstances in which such information or statements must be included.

  2. This will ensure that VET statements of attainment and VET qualifications contain standardised information and statements, and that the requisite information will readily identify the nature of the qualification that VET students have obtained.

[]{.underline}

[Clause 12: Student identifier requirements]{.underline}

  1. Subclause 12(1) requires that an NVR RTO must:

    (a) not include any individual's student identifier on a VET qualification or VET statement of attainment; and

    (b) request the Registrar to verify, consistent with subsection 14(1) of the Student Identifiers Act 2014 (SI Act), that any student identifier provided to it by an individual belongs to that individual before the organisation uses the identifier for any purpose.

  2. The purpose of paragraph (a) is to ensure that NVR RTOs take reasonable measures to protect the privacy of an individual's student identifier by not including any student identifiers on a VET student's qualification or statement of attainment. This is intended to apply in respect of the VET student's student identifier, as well as any other individual's student identifier. The purpose of paragraph (b) is to ensure that the NVR RTO verifies the student identifier with the Student Identifiers Registrar under section 14 of the SI Act and thereby confirms the identity of the individual, and that they have been assigned a student identifier.

  3. Subclause 12(2) applies to NVR RTOs that are not constitutional corporations (see subclause (12(5)) and imposes a requirement on these NVR RTOs not to issue a VET qualification or a VET statement of attainment to a VET student unless the student has been assigned a student identifier. This requirement is subject to the exceptions set out in subclauses (3) and (5), which provide for the Minister to exempt certain NVR RTOs from those requirements. The purpose of subclause (2) is to again ensure that VET students who are issued qualifications and statements of attainment generally hold a student identifier, consistent with the broader objectives of the student identifiers scheme (i.e. to create and maintain a single, easily accessible, repository of records of VET student enrolments and achievements).

  4. Subclause 12(3) allows the Minister, in writing and as agreed by the Ministerial Council, to specify an issue to which subclause 12(2) does not apply, by reference to one or more of the following:

    (a) the organisation doing the issuing;

    (b) the VET qualification, or VET statement of attainment, being issued;

    (c) the VET student to whom the VET qualification, or VET statement of attainment, is being issued.

  5. The purpose of this subclause is to allow for the Minister, with the agreement of the Ministerial Council, to provide limited exemptions to the requirement in subclause (2). Subclause (5) provides that subclauses (2) and (3) only apply to NVR RTOs that are not constitutional corporations (i.e. those corporations which the Commonwealth has legislative power over, by reference to paragraph 51(xx) of the Constitution). This means subclauses (2) and (3) will only apply to those NVR RTOs which the Commonwealth has legislative power to regulate by reason of the referral of powers made by referring states and territories for the purposes of the Act.

  6. The reason for these provisions is to ensure that these NVR RTOs are subject to the same legislative requirements as constitutional corporations are, by reason of subsection 53(1) of the SI Act. A note to subclause (5) confirms this. As noted in the explanatory memorandum for section 53 of the SI Act, the intent of creating a statutory basis for granting these limited exemptions is to:

[T]o be consistent with existing and prospective legislative provisions (for example national security); to allow for interaction with other regulatory instruments in the sector, some of which are under review; and to address issues which may not yet have arisen.

It is preferable to exempt specific RTOs, qualifications and classes of individuals by way of legislative instrument rather than specifying the exemptions in the primary legislation as this will enable the exemptions to be more easily updated as the need arises. (See page 61 of the Student Identifiers Bill 2014 Explanatory Memorandum).

  1. Subclause (4) provides that where an exemption under subclause (3), or subsection 53(3) of the SI Act, has been issued the relevant NVR RTO must notify the relevant VET student(s) of the following matters prior to the completion of enrolment or commencement of training and assessment, whichever occurs first:

    • that the results of the training will not be accessible through the Commonwealth; and

    • that the results of the training will not appear on any authenticated VET transcript prepared by the Registrar.

The intent of this subclause is to ensure that NVR RTOs communicate with VET students who do not have a Student Identifier due to a permitted exemption, that in the event their AQF certification documentation is issued, their results will not be retained and accessible through the Commonwealth, including the USI Registry system.

  1. The purpose of this subclause is to implement additional notification safeguards and ensure that where an NVR RTO has been granted an exemption, the relevant VET student(s) are notified of the administrative consequences of that exemption being granted, thereby ensuring the student(s) remain informed and are able to make decisions concerning their continued engagement and enrolment in the relevant training product.

[]{.underline}

[Clause 13: Nationally Recognised Training Logo]{.underline}

  1. Clause 13 obliges an NVR RTO to ensure that it uses the NRT logo (as defined in clause 4) in accordance with the requirements specified in the NRT Logo Conditions of Use policy, which is contained in Schedule 2 of the Instrument. The NRT Logo is a distinguishable mark of quality that is used for promoting and certifying national vocational education and training that leads to AQF certification documentation. Requiring NVR RTOs to use the NRT Logo will help promote VET and establish consistency within the VET sector. Additionally, imposing conditions on the use of the NRT Logo by NVR RTOs will prevent any misuse or misrepresentation of the logo, and ensure that the logo is only used in association with approved training products.

[Clause 14: Transition of training products]{.underline}

  1. The purpose of this clause is to ensure NVR RTOs comply with requirements concerning superseded and non-current training products, and non-current AQF qualifications. Subclause (1) makes clear that these requirements apply to all NVR RTOs unless the Regulator has approved otherwise in respect of a specific NVR RTO, all NVR RTOs, or a class of NVR RTOs.

  2. Subparagraph 14(1)(a)(i) requires that an NVR RTO must ensure that where a training product is superseded, no individuals are enrolled in that training product from the period commencing one year from the date the replacement training product was included on the National Register. The purpose of this requirement is to ensure that VET students are enrolling in and completing the most current version of a training product and are not able to enrol in training products which have been superseded, thereby ensuring the ongoing currency of the training being offered by NVR RTOs.

  3. Subparagraph 14(1)(a)(ii) is a new requirement that was not in the 2015 Standards and requires an NVR RTO to transition or teach out existing students enrolled in a superseded training product in a timely manner. This requirement is designed to minimise disruption for existing students and reduce administrative burden on NVR RTOs by ensuring that VET students already enrolled in training products either complete the training product or are transferred into the training product which has replaced the superseded training product within a reasonable timeframe. The requirements to transition existing students within 12 months has been removed. Instead, RTOs are required to transfer students into the replacement training product in a timely manner. This recognises that the appropriate transition time will vary for different training products, including those of different durations. It is also designed to minimise disruption for VET students and reduce administrative burden on RTOs (including to reduce the number of requests that need to be made to the Regulator for extensions to the transition period).

  4. Subparagraph 14(1)(b) requires that where an AQF qualification is no longer current and has not been superseded -- all VET students enrolled in the training and assessment leading to the qualification have, within a period of two years from the date the qualification was removed or deleted from the National Register:

    • completed the qualification; and

    • received all AQF certification documentation relating to the qualification.

  5. Subparagraph 14(1)(c) provides that where a skill set, unit of competency, accredited short course or module is no longer current and has not been superseded -- all VET students enrolled in the training and assessment have, within one year from the date the training and assessment is deleted from the National Register:

    • completed the training and assessment; and

    • have received all AQF certification documentation relating to the training and assessment.

  6. The purpose of paragraphs (b) and (c) is to address circumstances where an AQF qualification or skill set, unit of competency, accredited short course or module is deleted from the National Register and is not superseded. In such circumstances, these paragraphs impose obligations on NVR RTOs to ensure that all relevant VET students have completed and are issued with the relevant certification documentation within certain time periods (i.e. one or two years). These obligations ensure that VET students are able to obtain the relevant qualifications in which they enrolled within a prescribed timeframe.

  7. Subclause 14(2) requires an NVR RTO to ensure that it does not allow individuals to commence training and assessment in a training product that has expired, been removed or deleted from the National Register. This subclause protects prospective VET students by imposing a clear obligation on NVR RTOs to ensure no individuals enrol in training and assessment which are no longer listed on the National Register.

Division 3 -- Accountability

[Clause 15: Annual declaration on compliance]{.underline}

  1. This clause introduces, in comparison to the corresponding requirements in the 2015 Standards, simplified requirements concerning submission by NVR RTOs of their annual declaration on compliance with their obligations under the Act.

  2. Subclause (1) specifies that NVR RTOs must submit declarations for each annual reporting period, subclause (2) clarifies that the annual reporting period is the period of 12 months that is specified by the Regulator as the organisation's annual reporting period, and subclause (3) permits the Regulator to require NVR RTOs to submit the declaration in the approved form published on the National Register, as permitted by section 191A of the Act. The purpose of this clause is to clarify the declaration requirements for NVR RTOs, making it easier for NVR RTOs to comply with those requirements and for the Regulator to enforce them, thereby enhancing integrity and compliance within the VET sector.

[Clause 16: Notification of material changes]{.underline}

  1. The purpose of this clause is to require NVR RTOs to notify the Regulator of the occurrence of an event that would significantly affect the organisation's ability to comply with any of its obligations under the Act, and to set out requirements an NVR RTO must comply with when making such a notification.

  2. Subclause 16(2) requires an NVR RTO to notify the Regulator of an event within 10 business days after the event occurs, as opposed to 90 days after the event occurs, as was required in the 2015 Standards. This change will impose an obligation on NVR RTOs to generally notify the Regulator of any changes relevant to the NVR RTO's compliance with the Act (including compliance with the obligations set out in the Instrument) and provide the Regulator with greater oversight of NVR RTOs, thereby strengthening integrity in the VET sector.

  3. Subclause 16(3) additionally provides that an NVR RTO must notify the Regulator of the following specific material changes:

    • any prospective changes to the ownership of the NVR RTO, as soon as practicable before the change occurs; or

    • any prospective or actual changes to the governing persons (as defined in clause 4) of the NVR RTO within: 10 business days after the change occurs (if the change cannot be determined until it takes effect); or otherwise, as soon as practicable before the change occurs.

  4. The intent of subclause (3) is to again ensure that NVR RTOs notify the Regulator of those matters set out in paragraphs (a) and (b) as soon as reasonably practicable, thereby ensuring that the Regulator is aware of those changes and can make an assessment of the extent to which they will affect the likelihood of the NVR RTO complying with its obligations under the Act. This will assist the Regulator in undertaking its statutory compliance functions and will further strengthen integrity in the VET sector.

  5. Subclause 16(4) clarifies that an NVR RTO must provide any notice under clause 16 in writing or electronically. Subclause 16(5) confers additional powers on the Regulator to undertake its compliance obligations by requiring NVR RTOs to provide, to the Regulator, additional information relevant to any notice provided under clause 16.

[]{.underline}

[Clause 17: Third party arrangements]{.underline}

  1. This clause has been introduced to clarify requirements around third party arrangements by reference to a more detailed definition of 'third party' in clause 4 of the Instrument and by providing further detail concerning what information and matters are to be addressed in written agreements between NVR RTOs and third parties.

  2. The term 'third party' is defined in more detail than in the 2015 Standards in clause 4 of the Instrument to mean any person who has an arrangement with an NVR registered training organisation to deliver services, but does not include:

    • employees of the organisation;

    • experts engaged by the organisation; or

    • government agencies and government funded agencies that refer VET students to the organisation and do not receive any payment from the organisation for doing so.

  3. The requirements for written agreements that govern third party arrangements are set out in subclause 17(1) and must be entered into by the NVR RTO and third party as soon as reasonably practicable prior to the third party delivering any services on behalf of the NVR RTO. The agreement must, among other things: require the relevant third party to cooperate with the Regulator in the conduct of audits and provide accurate information to the Regulator; prohibit the third party from using the NRT logo, the organisation's branding and issuing AQF certification documentation (all of which could be used by a third party to misrepresent that it is an NVR RTO); and must contain certain particulars sufficient to identify the parties to, and the substance of, the agreement.

  4. The intent of subclause (1) is to ensure that NVR RTOs make third parties aware of their obligations when delivering services on the relevant NVR RTO's behalf. This will ensure that third parties deliver those services in a manner that is consistent with the delivery of quality VET, are aware that they must comply with the Regulator, and do not engage in misleading activities, thereby upholding the integrity of the VET sector.

  5. Subclause 17(2) additionally makes it clear that NVR RTOs must notify the Regulator of certain matters regarding agreements made under subclause (1), in accordance with the timing requirements set out in paragraphs 17(2)(a) and (b). These timing and notification requirements will ensure that the Regulator is aware of the third party arrangement (including the date on which the arrangement commences and concludes) and can ensure that the content of the relevant written agreement conforms with the requirements set out in subclause 17(1).

[]{.underline}

[Clause 18: Prepaid fee protection measures]{.underline}

  1. Subclause 18(1) provides that where an NVR registered training organisation or third party receives prepaid fees from or on behalf of an individual in excess of \$1500 in relation to the same VET course (the threshold prepaid fee amount), the organisation must:

    • where the organisation is a 'government entity' or an 'Australian university' (as defined in clause 4) -- comply with the requirements set out in subsections (2) and (3); or

    • where the organisation is any other NVR registered training organisation -- implement one or more of the arrangements set out in subsection (4).

  2. Subclause 18(2) provides that the NVR RTO must have a policy in place for circumstances where the organisation is unable to provide the services to which the threshold prepaid fee amount relates (prepaid fee policy).

  3. Subclause 18(3) provides that an NVR RTO's prepaid fee policy must specify how an individual who has prepaid will:

    • be placed into an equivalent course at a location suitable to the individual and receive all services for which the individual has prepaid at no additional cost to the individual; or

    • be refunded the prepaid fees for services yet to be delivered which are in excess of the threshold prepaid fee amount.

  4. It is intended that the refund requirements apply only in respect of the amount which exceeds the threshold prepaid fee amount -- e.g. where an NVR RTO receives prepaid fees of \$2000, the NVR RTO must, in the circumstances set out in paragraph 18(3)(b), refund the individual \$500 (i.e. \$2000 minus the threshold prepaid fee amount).

  5. Subclause 18(4) provides that an NVR RTO which is not a 'government entity' or an 'Australian university' must implement one or more of the following arrangements:

    • an unconditional financial guarantee from a bank operating in Australia, provided at all times, the guarantee is at least equal to the total amount of prepaid fees held by the organisation in excess of the threshold prepaid fee amount and the costs of establishing and maintaining the guarantee are met by the organisation;

    • a current membership with a tuition assurance scheme operator which, if the organisation is unable to provide services for which the individual has prepaid, must ensure the individual will be placed into an equivalent course at a location suitable to the individual and receive all services for which the individual has prepaid at no additional cost to the individual or if an equivalent course cannot be found -- the individual will be refunded the prepaid fees which are in excess of the threshold prepaid fee amount; or

    • any other fee protection measure approved by the Regulator.

  6. The intent of these prepaid fee protection measures is to ensure that VET students who are enrolled with an NVR RTO that is unable to provide the services to which the threshold prepaid fee amount relates have a statutory entitlement to recourse either through obtaining a refund, or by being placed into a replacement course. These measures therefore ensure that VET students are protected and not substantially adversely affected by a failure by an NVR RTO to provide the services which a VET student has enrolled and paid to undertake.

[Clause 19: Public liability insurance]{.underline}

  1. The purpose of this clause is to require NVR RTOs to hold public liability insurance that covers all the organisation's operations for the entire period in which the organisation is registered under the Act. This requirement is intended to ensure that NVR RTOs have liability insurance measures in place to protect the NVR RTO from claims against them and therefore preserve their financial viability and their capacity to continue to deliver VET services.

[Clause 20: Compliance with laws]{.underline}

  1. This clause has been amended from the 2015 Standards to specifically refer to relevant privacy legislation (i.e. including the Student Identifiers Act 2014) to ensure NVR RTOs are aware of their legal obligations to ensure the secure maintenance of VET students' personal information and student identifiers. The intent of this clause is to draw specific attention to an NVR RTO's obligation to protect the privacy of VET students, including when handling those students' student identifiers.

  2. A note to clause 20 explains that there are a range of laws that are applicable under the clause, and that the examples provided in subclauses (a) and (b) are for illustrative purposes.

Schedule 1 -- Fit and Proper Person Requirements

[Clause 1: Application of Fit and Proper Person Requirements]{.underline}

  1. This clause provides that the Regulator must have regard to all the matters it considers relevant, which are specified in the Schedule (i.e. Schedule 1 -- Fit and Proper Person Requirements) when determining whether an NVR RTO, a governing person of an NVR RTO, a person applying to become an NVR RTO or a governing person of a person applying to become an NVR RTO is, or would be, a fit and proper person for the purposes of registration, renewing registration or maintaining registration as an NVR RTO under the Act.

  2. A note to this clause clarifies that the clause does not limit the types of persons which the Regulator may consider for the purposes of the Fit and Proper Person Requirements. The term 'person' is intended to be interpreted broadly, consistent with section 2C of the Acts Interpretation Act 1901.

[Clause 2: Compliance with law]{.underline}

  1. Subclause 2(1) provides that the Regulator may have regard to instances where an offence under a law of the Commonwealth or a State or Territory is proven (or a person is ordered to pay a pecuniary penalty), regardless of whether a conviction is recorded.

  2. A note to subclause 2(1) makes it clear that the Regulator's ability to consider non-recorded convictions does not affect the operation of Part VIIC of the Crimes Act 1914, which relates to the non-disclosure of spent convictions. This means that, consistent with Part VIIC, a Regulator does not have the power to compel a person to disclose a spent conviction.

  3. In addition, the Regulator may have regard to:

    • the seriousness of, and the time elapsed since the offence, conviction, or matter to which the pecuniary penalty relates occurred (subclause 2(2));

    • whether the person is currently involved in proceedings before a court or tribunal (subclause 2(3); and

    • whether the person has been found guilty of a foreign offence (within the meaning of section 85ZL of the Crimes Act 1914) (subclause 2(4)).

[Clause 3: Management history]{.underline}

  1. Subclause 3(1) provides that the Regulator may have regard to whether the person has had any of the following cancelled, revoked, suspended or rejected:

    • their registration as an NVR RTO;

    • application for registration or renewal as an NVR RTO;

    • approval as an approved course provider (within the meaning of the VET Student Loans Act 2016) or VET provider (within the meaning of the Higher Education Support Act 2003); or

    • subsidy funding arrangements with a State or Territory for the provision of education services.

  2. Additionally, the Regulator may have regard to whether a person has breached a condition of registration as an NVR RTO or had a condition imposed on their registration, approval or arrangement and has breached such a condition (subclause 3(2)).

  3. Subclause 3(3) provides that the Regulator may also have regard to whether the person has ever been a manager or director of a registered higher education provider (within the meaning of the Tertiary Education Quality and Standards Agency Act 2011) or registered provider (within the meaning of the Education Services for Overseas Students Act 2000) during a period in which the registered higher education provider or registered provider was determined to have breached a condition of its registration under the these Acts.

  4. Subclause 3(4) allows for the Regulator to consider a person's past involvement in the business of delivering courses or other services on behalf of persons who have been the subject of regulatory action mentioned in subclause 3(1) to (3) or entities who have previously breached a government training contract.

  5. Subclause 3(5) permits the Regulator to consider whether a person has been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001.

  6. The purpose of these provisions is to give the Regulator broad remit (including by facilitating consideration of relevant ancillary Commonwealth legislative schemes) to determine whether those persons who exercise a degree of control or influence over the management or operation of a training organisation are suitable persons to manage, or be involved with, an organisation that provides or assesses national VET qualifications.

[Clause 4: Financial record]{.underline}

  1. This clause provides that the Regulator may have regard to whether the person has been insolvent or bankrupt, taken steps to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with one or more creditors, assigned remuneration for the benefit of one or more creditors, been under external administration (within the meaning of subsection 600H(2) of the Corporations Act 2001) or has outstanding debts to the Commonwealth.

  2. The purpose of this clause is to ensure that the Regulator can give consideration to the financial viability of RTOs and those persons responsible for operating and managing the organisations.

[Clause 5: Provision of information]{.underline}

  1. This clause provides that the Regulator may have regard to whether the person has provided false or misleading information to any of the following in circumstances where it is reasonable to assume the person knew the information was false or misleading:

    • a VET Regulator;

    • the Tertiary Education Quality and Standards Agency;

    • the TPS Director (within the meaning of the Education Services for Overseas Students Act 2000), including in the TPS Director's capacity as the VSL Tuition Protection Director under the VET Student Loans Act 2016 and the Higher Education Tuition Protection Director under the Higher Education Support Act 2003;

    • the Minister, the Department or the Secretary; or

    • an authority of a State or Territory that deals with subsidy funding arrangements for education.

  2. These listed entities share intelligence about RTOs to the extent permitted by law. This section will therefore allow the Regulator to be made aware of false or misleading statements and information provided to these entities by relevant persons. It is envisaged that the Regulator will then be able to use this information to make an informed decision in accordance with the Fit and Proper Person Requirements.

[Clause 6: Previous conduct and involvements]{.underline}

  1. Subclause 6(1) provides that the Regulator may have regard to whether the person has previously been found not to be a fit and proper person for the purposes of one or more of the following: the Act, the Australian Education Act 2013, the Education Services for Overseas Students Act 2000, the Higher Education Support Act 2003, the Tertiary Education Quality and Standards Agency Act 2011, the VET Student Loans Act 2016, subsidy funding arrangements with a State or Territory for the provision of education or any other law of the Commonwealth or of a State or Territory.

  2. The purpose of this subclause is to permit the Regulator to consider findings relating to a relevant person in respect of any circumstances in which they have previously provided educational services under similar Commonwealth legislative frameworks.

  3. Subclause 6(2) provides that the Regulator may have regard to whether the person has previously engaged in conduct that reasonably suggests a deliberate pattern of unethical behaviour.

  4. Subclause 6(3) provides that the Regulator may have regard to any other matter relating to a person's previous conduct or involvement that the Regulator considers relevant.

  5. The purpose of these subclauses is to make it clear that where a matter which is reasonably relevant to whether a person is fit and proper, and is not otherwise referrable to a specific provision in the Fit and Proper Person Requirements, then that matter can still be considered by the Regulator for the purposes of the Fit and Proper Person Requirements.

[Clause 7: Additional considerations]{.underline}

  1. Clause 7 provides that the Regulator may have regard to whether the public is unlikely to have confidence in the person\'s suitability to be involved in an organisation that provides, assesses or issues nationally recognised qualifications.

  2. The purpose of this clause is to make it clear that public confidence in an organisation's provision and assessment of nationally recognised qualifications is something that the Regulator may reasonably consider for the purposes of determining whether the relevant person is a fit and proper person in accordance with the Fit and Proper Person Requirements.

Schedule 2 -- Nationally Recognised Training Logo Conditions of Use Policy

  1. The purpose of the Nationally Recognised Training Logo Conditions of Use Policy (the policy), as defined in clause 4 of the Instrument, is to specify the content of the Nationally Recognised Training (NRT) Logo (also defined in clause 4) and the requirements and conditions associated with its use by NVR RTOs, for the purposes of clauses 11 and 13 of the Instrument.

[Clause 1: The Nationally Recognised Training Logo]{.underline}

  1. Clause 1 provides that:

    • The NRT Logo is a distinguishable mark of quality for promoting and certifying national vocational education and training leading to Australian Qualifications Framework certification documentation (subclause 1(1)); and

    • The NRT Logo is a registered trademark (subclause 1(2)) (see trademark number 876525).

[Clause 2: Authorisation to use the NRT logo]{.underline}

  1. Clause 2 provides that NVR RTOs are authorised to use the NRT Logo in accordance with the policy.

[Clause 3: Overarching principles]{.underline}

  1. Subclause 3(1) provides that the NRT Logo may only be used by NVR RTOs in accordance with the policy and any requirements imposed in an instrument made under section 185 of the Act.

  2. Subclause 3(2) provides that the NRT Logo may only be used in association with nationally recognised training which may include:

    • training package qualifications

    • accredited qualifications

    • accredited short courses

    • training package skill sets

    • units of competency and accredited modules.

  3. Subclause 3(3) provides that all nationally recognised training is listed on the National Register (at training.gov.au).

  4. Subclause 3(4) provides that the NRT Logo must not be used in a way that creates misleading impressions.

[Clause 4: Use of the NRT Logo on AQF certification documentation]{.underline}

  1. Subclause 4(1) provides that the NRT Logo must be depicted on all AQF certification documentation issued by an NVR RTO.

  2. Subclause 4(2) provides that the NRT Logo must not be depicted on other testamurs or transcripts of results.

[Clause 5: Use of the NRT Logo in other circumstances]{.underline}

  1. Subclause 5(1) provides that the NRT Logo may be used in some other circumstances as detailed below in subsections (2) to (7).

  2. Subclause 5(2) provides that NVR RTOs may use the NRT Logo to promote nationally recognised training provided that training is within the organisation's scope of registration.

  3. Subclauses 5(3) to (5) provide that:

    • In using the NRT Logo for the purposes set out in subclause 5(2), the organisation must not create the impression that the NRT Logo applies to, or is associated with, all training provided by the organisation, if this is not the case;

    • The NRT Logo cannot be used by an organisation where the training is accredited, but is outside the scope of the organisation's registration. Where training is being promoted and does not meet the requirements stipulated in the VET Quality Framework or is outside the organisation's scope of registration, it must be made clear the NRT Logo is not associated with that training; and

    • Use of the NRT Logo is only permitted where there is a direct relationship to an AQF qualification or unit of competency as specified within training packages or VET accredited courses.

  4. Subclause 5(6) provides that where an NVR RTO uses the NRT Logo in promotional material such as brochures, handbooks or prospectuses that also refer to other training offered by the organisation, the promotional material must clearly distinguish between nationally recognised training within the scope of the organisation's registration and any other type of training offered by the organisation.

  5. Subclause 5(7) provides that the NRT Logo must not be used on products such as corporate stationery, business cards, building signage, merchandise and marketing products (e.g. mouse pads, pens, satchels, or packaging around products), or learning resources which support training.

[]{.underline}

[Clause 6: Standards for the use of the NRT Logo]{.underline}

  1. Subclause 6(1) provides that the NRT Logo can only be reproduced from hard or electronic copies provided by the Regulator.

  2. Subclause 6(2) provides that:

    • The NRT logo consists of both the triangular shape and the descriptor;

    • The triangle is not to be used without the descriptor;

    • The typeface is Fritz Quadrata; and

    • Under no circumstances is the descriptor to be typeset in any other typeface.

  3. Subclause 6(3) provides that:

    • The complete NRT Logo may be varied in size;

    • The size and position of the NRT Logo on the final product is at the discretion of the product designer;

    • Although the size of the logo may be varied, the proportions of the triangle and the descriptor in relation to each other may not be varied; and

    • Under no circumstance is the logo to be reproduced in mirror image or be rotated.

  4. Subclause 6(4) provides that:

    • Where the NRT Logo is reproduced in colour, it must comply with the following colour requirements;

    • Deviation from these colours is not permitted, nor are colours to be swapped around or stippled; and

    • The only colours to be used are green PMS 343 and red PMS 192.

  5. Subclause 6(5) provides that

    • Where the NRT Logo is reproduced in one colour, it should preferably be in green PMS 343 or, where this is not suitable, it may be reproduced in black.

    • In some situations, the background colour may clash or the logo may not be prominent. In those situations, the black logo may be reversed out to display in white.

  6. Examples of the NRT logo reproduction are contained under subclause 6(5).

  7. The purpose of these requirements is to ensure that the NRT Logo is only used in specified circumstances, and that the logo is presented and reproduced in a standardised format. This is intended to ensure that the NRT Logo is used in a consistent and regulated manner, ensuring the logo continues to be associated with the delivery of quality VET.

**

Schedule 3 -- Repeals

Standards for Registered Training Organisations (NVR registered training organisations) 2015

[Clause 1: The whole of the instrument]{.underline}

  1. Clause 1 repeals the instrument (i.e. the Standards for Registered Training Organisations (NVR registered training organisations) 2015).