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Accountability — Practice Guide

ASQA Practice Guide · Compliance Standards · Standards CS §15-20 · Published 17 June 2025 · Version 1.0

Verbatim reproduction of the ASQA Practice Guide, extracted from the source PDF with layout preservation (via pdftotext -layout). The body below preserves the original two-column table structure — performance indicators on the left, example activities and known risks on the right.

Source: https://www.asqa.gov.au/for-providers/standards-for-RTOs/practice-guides

Companion docs: - standards-outcome.md / standards-compliance.md — the underlying legislative text - standards-explanatory.md — the Explanatory Statement commentary - compliance-reference.md — RTOpacks module × standard mapping


Practice Guide
Accountability
Ver 1.0
Published 17 June 2025
         Compliance Standards for NVR Registered Training Organisations
                        Part 2 Compliance Requirements
                                  Division 3 – Accountability

What are the key concepts?
The following key concepts are covered in this practice guide:

                                       Compliance requirements
•   Annual declaration on compliance (ADC)            •   Prepaid fee protection measures
•   Notification of material changes                  •   Public liability insurance
•   Third party arrangements                          •   Compliance with laws


Achieving these Compliance Requirements in practice
The following tables provide guidance on meeting the Compliance Requirements as well as risks to
mitigate or avoid. These should be considered within the context, size, scale and student cohorts of your
RTO’s operations.

                                   Annual declaration on compliance
                   Requirement                        Example activities and other considerations for
                                                                        compliance
1. An NVR registered training organisation            •   You can demonstrate how you use the Annual
   must submit an annual declaration on                   Declaration on Compliance (ADC) as an
   compliance with its obligations under the Act          additional opportunity to reflect upon your
   for each annual reporting period in which the          RTO’s systems, practices and processes, and
   organisation is registered.                            to inform future improvements to your
2. An NVR registered training organisation’s              operations.
   annual reporting period is the period of 12        •   You disclose to ASQA through your ADC
   months that is specified by the National VET           responses any self-identified non-compliance
   Regulator as the organisation’s annual                 and what rectification actions you are taking.
   reporting period.
                                                      •   You ensure the preparatory work you do before
3. An annual declaration on compliance                    completing the ADC covers your RTO’s entire
   submitted by an NVR registered training                scope of registration, including all services
   organisation must be in the approved form as           delivered by third parties on your behalf.
   published on the National Register by the
                                                      •   You ensure that only the CEO, as the person
   National VET Regulator from time to time.
                                                          legally responsible for the RTO’s registration,
                                                          submits the declaration to ASQA.
                                                      •   Where you have third party arrangements, your
                                                          CEO completes the ADC having also verified
                                                          the compliance of those third parties’ systems,


                                                          practices and processes in relation to the
                                                          services they deliver on your RTO’s behalf.
                                                      •   You ensure that you retain evidence to support
                                                          any answers provided in the ADC.
                                                                 Known risks to compliance
                                                      •   Completing and submitting the ADC without
                                                          adequately verifying your RTO’s compliance
                                                          with each obligation.
                                                      •   Not ensuring your CEO has authenticated all
                                                          responses in the ADC before submitting them.
                                                      •   Declaring full compliance on the ADC even
                                                          though you have identified non-compliances
                                                          internally – i.e. failing to disclose.
                                                      •   Failing to complete and submit the ADC within
                                                          the submission period notified by ASQA.
                                                      •   Not requesting or reviewing evidence as part of
                                                          your ADC submission to confirm services
                                                          delivered by your third parties are complying
                                                          with the relevant obligations.


                                   Notification of material changes
                  Requirement                         Example activities and other considerations for
                                                                        compliance
1. An NVR registered training organisation must       •   You can demonstrate how your systems
   notify the National VET Regulator of the               ensure that you notify ASQA within ten (10)
   occurrence of an event that would significantly        business days after the occurrence of any
   affect the organisation’s ability to comply with       event that significantly impacts your RTO’s
   any of its obligations under the Act.                  ability to comply with its legislative obligations.
2. A notice under subsection (1) must be given        •   You have systems and processes in place to
   within 10 business days after the event                ensure that:
   occurs.                                                ○ any prospective material changes to your
3. An NVR registered training organisation must               RTO’s ownership are notified to ASQA as
   notify the National VET Regulator of:                      soon as practicable before the change
   a. any prospective changes to the ownership                takes effect
         of the organisation as soon as practicable       ○ any prospective or actual change to
         before the change takes effect; or                   governing persons are notified to ASQA
   b. any prospective or actual change in                     as soon as practicable before the change
         relation to a governing person of the                takes effect, or, where a change cannot
         organisation:                                        be determined until it takes effect, notify
      i.      if the change cannot be determined              ASQA within ten (10) business days of the
              until it takes effect – within 10               change taking effect.
              business days of the change taking      •   If requested by ASQA, you ensure that you
              effect; or                                  provide information and evidence in relation to
     ii.      otherwise – as soon as practicable          your material change application in a timely
              before the change takes effect.             manner.
4. A notice under subsection (1) or (3) must be                  Known risks to compliance
   provided to the National VET Regulator in
   writing or electronically.                         •   Attempting to conceal material changes from
                                                          ASQA, particularly where there may be a risk
5. After giving notice under subsection (1) or (3)        to students – for example, financial viability
   an NVR registered training organisation must           issues.
   provide any further information relating to the
   notice as soon as practicable, if requested by     •   Failing to update key personnel changes and
   the National VET Regulator.                            contact details in ASQAs systems.


                                        Third party arrangements
                  Requirement                          Example activities and other considerations for
                                                                         compliance
1. An NVR registered training organisation must        •   You can demonstrate that all your third party
   ensure that where services are delivered by a           written agreements include all information
   third party on the organisation’s behalf, the           stipulated under the Standards.
   provision of the services is governed by a          •   Your written agreements clearly specify the
   written agreement that:                                 roles and responsibilities of each party and how
   a. is entered into by the organisation and              you monitor the performance of the third party
         third party as soon as reasonably                 to ensure the quality of services and
         practicable prior to the third party              compliance with the Standards.
         delivering any of the services set out in
                                                       •   You can demonstrate the systems and
         the agreement;
                                                           processes you use to identify emerging risks
   b. requires the third party to cooperate with           and promptly rectify non-compliance by your
         the National VET Regulator where the              third party providers.
         Regulator conducts any audit of the NVR
                                                       •   You have evidence that a written agreement
         registered training organisation’s
                                                           was in place with each of your third parties
         operations;
                                                           before they commenced delivery of any
   c. requires the third party to provide accurate         services.
         responses to requests for information from
                                                       •   You can demonstrate how you routinely review
         the Regulator relevant to the third party’s
                                                           the suitability of your third party arrangements
         delivery of the services;
                                                           and maintain currency of your written
   d. prohibits the third party from:                      agreements.
       i. using the NRT logo;                          •   You ensure your staff understand the definition
      ii. using the organisation’s branding;               of third parties and when a written agreement is
     iii. issuing any AQF certification                    required.
            documentation; and                         •   You ensure that your third parties are aware of
   e. contains the following particulars:                  their ongoing requirement to cooperate with
       i. the business or trading names of the             ASQA.
            parties to the agreement;                  •   You can demonstrate how you make your third
      ii. the dates on which the agreement will            parties aware of their obligations under the
            commence and end;                              Standards and any other legislative or
                                                           regulatory requirements that apply to the
     iii. all the parties’ obligations concerning          service/s they are delivering on your RTO’s
            the delivery of the services; and              behalf.
     iv. an entitlement for the organisation to
                                                       •   You can demonstrate the protocols you have in
            regularly monitor the quality of the
                                                           place to communicate with your third parties
            services being delivered by the third
                                                           regarding:
            party.
                                                           o legislative changes that may impact their
2. An NVR registered training organisation must
                                                               service
   notify the National VET Regulator of any
   written agreement made pursuant to                      o changes in delivery
   subsection (1) within:                                  o expectations around providing support for
   a. 30 calendar days of the agreement being                  student wellbeing and managing
         entered into or prior to the obligations              complaints.
         under the agreement taking effect,            •   You can demonstrate how you authenticate the
         whichever occurs first; and                       credentials and practices of trainers and
   b. 30 calendar days of the agreement                    assessors engaged by your third party
         ending.                                           providers.
                                                       •   You ensure that VET students are made
                                                           aware of any third party involvement in their
                                                           training and assessment, including that their
                                                           AQF certification documentation will be
                                                           issued by your RTO (not the third party).
                                                       •   You have processes in place to notify ASQA
                                                           within the required timeframe whenever you
                                                           enter into, or end, a third party arrangement.


                                                               Known risks to compliance
                                                   •   Failing to notify ASQA of new and ceasing third
                                                       party agreements.
                                                   •   Failing to undertake due diligence on an
                                                       organisation’s commitment, capability and
                                                       capacity to deliver quality training and
                                                       assessment before engaging it as a third party
                                                       – for example, but not limited to:
                                                       ○ failing to undertake due diligence checks in
                                                            relation to the fitness and propriety of
                                                            relevant staff of the third party organisation
                                                       ○ not comprehensively assessing the
                                                            capacity of the third party to provide
                                                            training support services and wellbeing
                                                            support services.
                                                   •   Assuming that outsourcing services to third
                                                       parties will release your RTO of its compliance
                                                       obligations.
                                                   •   Allowing services to be provided by a third party
                                                       before the written agreement has been signed
                                                       by both parties.
                                                   •   Failing to invest in dedicated resources to
                                                       monitor the quality and compliance of services
                                                       provided by your third parties. This is of
                                                       particular concern where you have many third
                                                       party arrangements.
                                                   •   Not being transparent with students about the
                                                       role and responsibilities of your RTO versus
                                                       those of the third party provider.
                                                   •   Failing to inform students about how they can
                                                       provide feedback or make a complaint about a
                                                       third party engaged by your RTO.
                                                   •   Engaging offshore-based third parties that are
                                                       unaware of relevant Australian laws and the
                                                       VET Quality Framework.


                                  Prepaid fee protection measures
                  Requirement                      Example activities and other considerations for
                                                                     compliance
1. Where an NVR registered training                •   You can show how your prepaid fee policy
    organisation or third party receives prepaid       ensures that students are adequately
    fees from or on behalf of an individual in         protected financially in accordance with this
    excess of $1500 in relation to the same VET        requirement.
    course (the threshold prepaid fee amount),     •   You maintain adequate controls over how
    the organisation must:                             withdrawals can be made from your protected
   a. where the organisation is a government           account and by whom – for example:
       entity or an Australian university –            o multiple signatories for withdrawals
       comply with the requirements set out in
       subsections (2) and (3); or                     o ensuring administrative staff are aware
                                                           that the protected account is only to be
   b. where the organisation is any other NVR              used to refund a student, not for other
       registered training organisation –                  operational expenses.
       implement one or more of the
       arrangements set out in subsection (4).     •   You ensure prepaid fees received through a
                                                       direct enrolment are protected no matter how
                                                       the fees are collected, including where they
Requirements for government entities and               are collected by a third party loan provider or
Australian universities                                via online payment instalments.


2. The NVR registered training organisation                  •   Where you choose to hold an unconditional
    must have a policy in place for circumstances                financial guarantee from a bank operating in
    where the organisation is unable to provide                  Australia, you ensure that:
    the services to which the threshold prepaid                  o the guarantee is structured so that you
    fee amount relates (prepaid fee policy).                          can promptly refund students’ prepaid
3. An NVR registered training organisation’s                          fees in excess of $1500 in circumstances
    prepaid fee policy must specify how an                            where you are no longer able to deliver
    individual who has prepaid will:                                  the training; and
   a. be placed into an equivalent course at a                   o you can demonstrate how the amount of
       location suitable to the individual and                        the guarantee was determined; and
       receive all services for which the individual             o this level is always greater than the
       has prepaid at no additional cost to the                       amount of fees required to be protected.
       individual; or
                                                             •   Where you choose to implement an alternative
   b. be refunded the prepaid fees for services                  fee protection measure, you ensure that:
       yet to be delivered which are in excess of
       the threshold prepaid fee amount.                         o you apply to ASQA for approval in writing,
                                                                     including details of how the measure will
                                                                     be implemented; and
Requirements for other NVR registered training                   o the measure demonstrates an equivalent
organisations                                                        level of fee protection as that provided by
4. The NVR registered training organisation                          an unconditional financial guarantee from
    must implement one or more of the following                      a bank operating in Australia; and
    arrangements:                                                o you wait until you receive approval from
   a. an unconditional financial guarantee from                      ASQA before collecting fees in excess of
         a bank operating in Australia, provided:                    $1500, unless you already have another
       i. at all times, the guarantee is at least                    approved fee protection measure in place
            equal to the total amount of prepaid fees                in the interim.
            held by the organisation in excess of the        •   If you utilise the Tuition Protection Service to
            threshold prepaid fee amount; and                    protect fees paid by international students, you
      ii. the costs of establishing and                          ensure that you have an alternative approved
            maintaining the guarantee are met by                 fee protection measure for domestic VET
            the organisation.                                    students.
    Note: For example, where an RTO receives prepaid fees    •   If you utilise the tuition protection
    of $2000 from three individuals (totalling $6000), the       arrangements under the VET Student Loans
    guarantee must be at least equal to $1500 (i.e. $500
    multiplied by three).                                        Act 2016 for VET Student Loans (VSL), you
                                                                 ensure that you have an alternative fee
   b. a current membership with a tuition
                                                                 protection measure for non-VSL students.
       assurance scheme operator which, if the
       organisation is unable to provide services            •   You ensure that your refund policy, that
       for which the individual has prepaid, must                students are provided with at the time of
       ensure:                                                   enrolment, is reflective of the prepaid fee
       i. the individual will be placed into an                  protection requirements.
          equivalent course at a location suitable                      Known risks to compliance
          to the individual and receive all services
          for which the individual has prepaid at            •   Accepting prepaid fees before determining the
          no additional cost to the individual; or               suitability of a prospective student for the
                                                                 course they are enrolling in.
      ii. if an equivalent course cannot be found
          – the individual will be refunded the              •   Failing to ensure that your fee protection
          prepaid fees which are in excess of the                method covers all applicable student cohorts
          threshold prepaid fee amount.                          within the scope of your operations.
   c. any other fee protection measure                       •   Incorrectly assuming that multiple pre-paid
       approved by the National VET Regulator.                   instalments of less than $1500 each for the
                                                                 same VET course will avoid the threshold
                                                                 prepaid fee amount and requirements
                                                                 associated with it.
                                                             •   Not monitoring the protected account to
                                                                 ensure it is always equal to or greater than the
                                                                 amount of fees required to be protected.
                                                             •   Failing to ensure that prepaid fees above
                                                                 $1500 that are collected through external loan
                                                                 providers, including ‘buy now, pay later’
                                                                 providers, are appropriately protected.


                                                                •    Using the protected amounts and accounts to
                                                                     pay for business operating expenses.
                                                                •    Failing to have adequate controls over who
                                                                     within the RTO can make withdrawals from the
                                                                     protected account.
                                                                •    Failing to limit online payment gateways to
                                                                     $1500 where an RTO states it will not collect
                                                                     more than $1500 in prepaid fees.


                                               Public liability insurance
                       Requirement                                  Example activities and other considerations
                                                                                  for compliance
An NVR registered training organisation must hold               •    You have evidence of how you determine
public liability insurance that covers all the                       appropriate and sufficient public liability
organisation’s operations for the entire period in                   insurance for your operations.
which the organisation is registered under the                  •    You have systems and processes in place to
Act.                                                                 ensure that any additions to scope including
                                                                     activities such as work-integrated learning or
                                                                     community-based learning, are covered under
                                                                     your public liability insurance.
                                                                •    You can demonstrate evidence of your public
                                                                     liability insurance, such as a certificate of
                                                                     currency, which:
                                                                     o identifies that your RTO and its full scope
                                                                           of operations is covered by the policy; and
                                                                     o confirms that all VET students’ activities
                                                                           are covered, or that there are no
                                                                           restrictions on the activities covered.
                                                                            Known risks to compliance
                                                                •    Failing to ensure your public liability covers
                                                                     your entire scope of operations, including
                                                                     where training is delivered online.


                                                 Compliance with laws
                      Requirement                               Example activities and other considerations for
                                                                                  compliance
An NVR registered training organisation must                    •    You can demonstrate how you identify all
comply with all applicable Commonwealth, State                       Commonwealth, State and Territory laws that
and Territory laws, including, for example, by                       are applicable to your RTO’s operations (e.g.
ensuring:                                                            the Work Health and Safety Act in your
   a. personal information is collected, used                        jurisdiction/s).
       and disclosed by the organisation in                     •    You have systems and processes in place to
       accordance with all applicable privacy                        ensure that your staff have knowledge of, and
       laws; and                                                     comply with, all applicable laws at all times,
   b. the organisation complies with all                             including any changes to legislative and
       applicable requirements under the Student                     regulatory requirements that may affect the
       Identifiers Act 2014.                                         services delivered.
                                                                •    You ensure that the design of training and
Note: There are a range of laws that may be applicable under         assessment tasks does not breach the privacy
this section. The examples provided in paragraphs (a) and (b)        of any individuals.
are for illustrative purposes.
                                                                •    Before adding a training product to scope,
                                                                     you ensure you have checked whether the
                                                                     training product is required to be approved by
                                                                     an industry regulator or if there are additional
                                                                     licensing requirements to be able to deliver
                                                                     and assess the training product.


                                                    •   Where your operations involve children (e.g.
                                                        students under the age of 18), you ensure
                                                        your organisation and relevant staff are fully
                                                        compliant with child safety laws.
                                                    •   You take active steps to protect VET students’
                                                        personal and sensitive information and ensure
                                                        the secure storage of VET students’
                                                        documentation and student identifiers.
                                                               Known risks to compliance
                                                    •   Not identifying and considering all legislative
                                                        and regulatory requirements across your entire
                                                        scope of operations.
                                                    •   Failing to train your staff on essential
                                                        legislative obligations, such as privacy laws
                                                        and work health safety obligations.
                                                    •   Failing to gain the consent of all individuals
                                                        that may be involved in an assessment activity
                                                        (e.g. undertaking a personal care assessment
                                                        activity with an individual where that individual
                                                        has not given consent).
                                                    •   Assessment activities that put students at risk
                                                        of breaching the law (e.g. recorded
                                                        assessment activities involving vulnerable
                                                        people electronically shared with your RTO).


Self-assurance questions
 1   How do you ensure you are completing and submitting the Annual Declaration on Compliance
     within the relevant reporting period?
 2   How do you use the ADC process to demonstrate to ASQA that you self-disclose non-compliance,
     as well as your organisation’s rectification and continuous improvement efforts?
 3   How do you monitor your operations to identify whether there are, or likely to be, material changes
     that require notification to ASQA?
 4   What due diligence do you undertake before engaging a particular third party provider? What
     verification do you undertake of their trainers and assessors’ qualifications?
 5   How do you monitor your third parties to ensure they comply with all relevant legislative and
     regulatory requirements?
 6   How do you ensure you have sufficient protected funds to be able to refund students promptly, if
     required?
 7   How do you ensure your public liability insurance is adequate and covers all VET students in all
     delivery settings?
 8   How do you identify the Commonwealth, State and Territory laws that apply to your operations?
     How do you ensure your staff and third party providers comply with these laws, including privacy
     laws and child protection laws?
 9   How do you monitor changes to legislative and regulatory requirements that may affect the
     services that you deliver?

Source: ASQA Practice Guide — Accountability. Published 17 June 2025, Version 1.0. Authority: Australian Skills Quality Authority. These guides interpret the Standards for RTOs 2025 into practical compliance guidance. The PDF was extracted with pdftotext -layout to preserve the two-column table structure of the original document.