Compliance Standards and Fit and Proper Person Requirements¶

Instrument 2025 · F2025L00355 · Commenced 1 July 2025 · Made by Andrew Giles, Minister for Skills and Training, 28 February 2025

This document is a structured verbatim reproduction of the Compliance Standards instrument. Requirement text is copied exactly from the source. Container structure (headings, anchors, frontmatter) is RTOpacks-owned for product use. For explanatory commentary see standards-explanatory.md. For RTOpacks module mapping see compliance-reference.md.

Important: This instrument sits alongside the Outcome Standards (F2025L00354). Both are conditions of registration. Compliance with both is required (see sections 21, 22 and 23 of the Act).

Part 1 — Preliminary¶

Name. This instrument is the National Vocational Education and Training Regulator (Compliance Standards for NVR Registered Training Organisations and Fit and Proper Person Requirements) Instrument 2025.

Commencement. The whole of this instrument commenced on 1 July 2025.

Authority. This instrument is made under subsections 185(1) and 186(1) of the National Vocational Education and Training Regulator Act 2011.

Effect. This instrument specifies: - Standards for NVR Registered Training Organisations (under s.185(1)); and - Fit and Proper Person Requirements in Schedule 1 (under s.186(1)).

Compliance with both is a condition of registration as an NVR registered training organisation.

Key definitions¶

AQF certification documentation — official documents confirming issuance of an AQF qualification or VET statement of attainment.
AQF Qualifications Issuance Policy — the AQF document of that name, as in force from time to time.
AQF Qualifications Register Policy — the AQF document of that name, as in force from time to time.
authenticated VET transcript — same meaning as in the Student Identifiers Act 2014.
constitutional corporation — a corporation to which paragraph 51(xx) of the Constitution applies.
financial support arrangement — a VET student loan issued under the VET Student Loans Act 2016, a government-funded subsidy, or any other government-funded financial support arrangement.
governing person — any person responsible for overseeing, directing, or exercising control or influence over the management or operation of an NVR registered training organisation, including executive officers and high managerial agents.
government entity — a Commonwealth entity or company under the PGPA Act; a body established for a public purpose by or under a law of the Commonwealth, State or Territory; or an entity otherwise part of the Commonwealth, a State or a Territory.
industry regulator — a body responsible for regulating a licensed or regulated outcome.
licensed or regulated outcome — compliance with eligibility requirements for an occupational licence, or any legislative requirements to hold a training product in order to carry out an activity.
NRT Logo — the Nationally Recognised Training Logo (see Schedule 2).
prepaid fee — any fee relating to the delivery of services paid to an organisation by, or on behalf of, an individual prior to the services being delivered.
Registrar — same meaning as in the Student Identifiers Act 2014.
services — training and assessment; training support services (excluding counselling, mediation, and ICT services); and recruitment activities including marketing, enrolment, induction, or fee collection.
third party — any person who has an arrangement with the organisation to deliver services, but does not include employees, experts engaged by the organisation, or government agencies referring students without payment.
training product — an AQF qualification, skill set, unit of competency, accredited short course or module.

Part 2 — Compliance Requirements¶

Division 1 — Information and Transparency¶

Section 7 — Marketing and advertising¶

An NVR registered training organisation must ensure any advertisements or marketing materials published or disseminated by the organisation, a third party, or an expert engaged by the organisation:

include the organisation's registration code or a link to the part of the National Register where the organisation's registration code is located;
where they refer to the organisation's services — accurately represent those services, including by distinguishing training and assessment that will result in AQF certification documentation from any other training and assessment delivered;
include accurate information regarding any financial support arrangements available; and
do not refer to or imply a connection with another person unless that person's consent has been obtained.

Where the advertisements or marketing materials refer to a training product, the organisation must ensure they:

include the code and title of the training product as published on the National Register;
accurately represent the training products on the organisation's scope of registration;
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; and
only represent that completion of a training product will lead to a licensed or regulated outcome where this has been confirmed by the relevant industry regulator.

Where advertisements or marketing materials refer to services that an expert or third party has been engaged to deliver, the organisation must ensure the materials identify which services will be delivered by the expert or third party — including where an expert or third party is recruiting prospective VET students, or delivering training and assessment on the organisation's behalf.

Section 8 — Guarantees and inducements¶

An NVR registered training organisation must not make any verbal or written guarantees that a VET student:

will successfully complete a training product;
can complete a training product in a manner which is inconsistent with any of the requirements set out in an instrument made under section 185 of the Act; or
will obtain a particular employment outcome, where obtaining such an employment outcome is not within the organisation's control.

Division 2 — Integrity of Nationally Recognised Training Products¶

Section 9 — Issuance of AQF certification documentation¶

An NVR registered training organisation must not issue AQF certification documentation to any person unless the person is a VET student whom the organisation has assessed as meeting the requirements of the training product.

Where the organisation has assessed a VET student as meeting the requirements of the training product, the AQF certification documentation must be issued to the VET student within 30 calendar days from the completion of the assessment, provided the student has completed the AQF qualification (or completed one or more units of an AQF qualification which they have subsequently withdrawn from) and has paid all agreed fees associated with the training product.

Section 10 — Records of AQF certification documentation and assessments¶

An NVR registered training organisation must:

maintain a register in accordance with the AQF Qualifications Register Policy of all AQF qualifications it is authorised to issue, and all AQF qualifications and VET statements of attainment it has issued to VET students;
retain records, in accordance with the AQF Qualifications Register Policy, of all AQF certification documentation issued to VET students for a period of thirty years;
retain records of all assessments submitted by a VET student to the organisation or a third party for a period of 2 years after the student has completed the training product;
ensure VET students — including those previously enrolled with the organisation — are able to access copies of their AQF certification documentation retained under the above; and
upon request from the National VET Regulator, provide a report of all AQF qualifications and VET statements of attainment issued during the period specified in the Regulator's request.

Section 11 — Issue of VET qualifications and VET statements of attainment¶

All VET qualifications issued by an NVR registered training organisation must comply with the AQF Qualifications Issuance Policy and must include:

the name, registration code and logo of the organisation;
the code and title of the AQF qualification;
the NRT logo — in accordance with the NRT Logo Conditions of Use policy;
the signature of an individual whom the organisation has authorised to sign the AQF qualification;
the organisation's seal, corporate identifier or unique watermark;
the following statement: "The qualification is recognised within the Australian Qualifications Framework", or any AQF logo authorised by the relevant policy;
where the AQF qualification has an industry descriptor — that industry descriptor;
where the AQF qualification has an occupational or functional stream — the title of the stream in brackets after the code and title;
where the AQF qualification has been obtained through an Australian apprenticeship — the statement: "Achieved through Australian Apprenticeship arrangements"; and
where any part of the AQF qualification has been delivered in another language — the statement: "these units of competency/modules have been delivered and assessed in [insert relevant language]" followed by a list of all units of competency or modules delivered in the relevant language.

All VET statements of attainment issued must comply with the AQF Qualifications Issuance Policy and must include:

the name, registration code and logo of the organisation;
the full title and national code, as set out on the National Register, of each unit of competency (or module if no units exist) to which the statement relates;
the NRT logo;
the signature of an individual authorised to sign the statement;
the organisation's seal, corporate identifier or unique watermark;
the statement: "A VET statement of attainment is issued by an NVR registered training organisation when an individual has completed one or more accredited units or modules";
where the units of competency form part of a VET course or qualification — "These competencies form part of [code and full title]";
where the units of competency were attained in the course of completing a VET course — "These competencies were attained in completion of [VET course code] course in [full title]"; and
where any of the units of competency or modules have been delivered in another language — the corresponding delivery-language statement.

Section 12 — Student identifier requirements¶

An NVR registered training organisation must:

not include any individual's student identifier on a VET qualification or VET statement of attainment; and
request the Registrar to verify that any student identifier provided to it by an individual belongs to that individual before using the identifier for any purpose.

Subject to the exemption provisions below, an NVR registered training organisation must not issue a VET qualification or a VET statement of attainment to a VET student unless the student has been assigned a student identifier.

Exemptions. The Minister may, in writing and as agreed by the Ministerial Council, specify an issue to which this requirement does not apply, by reference to: the issuing organisation; the qualification or statement being issued; or the VET student.

Where an exemption applies, the organisation must inform the VET student prior to completion of enrolment or commencement of training (whichever occurs first) that the training results: will not be accessible through the Commonwealth; and will not appear on any authenticated VET transcript prepared by the Registrar.

The main student-identifier subsections above apply only to organisations that are not constitutional corporations. Similar requirements for constitutional corporations are set out in section 53 of the Student Identifiers Act 2014.

Section 13 — Nationally Recognised Training logo¶

An NVR registered training organisation must ensure that it uses the NRT logo in accordance with the NRT Logo Conditions of Use policy (Schedule 2).

Section 14 — Transition of training products¶

Unless otherwise approved by the National VET Regulator, an NVR registered training organisation must ensure:

where a training product is superseded:
no individuals are enrolled in the superseded training product from the period commencing one year from the date the replacement training product was included on the National Register; and
all VET students enrolled in the superseded training product have completed it and been issued the relevant AQF certification documentation, or have been transferred into the replacement training product in a timely manner;
where an AQF qualification is no longer current and has not been superseded — all VET students enrolled have within two years from deletion/removal: completed the qualification; and received all AQF certification documentation;
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 have within one year from deletion/removal: completed the training and assessment; and received all AQF certification documentation.

The organisation must not allow individuals to commence training and assessment in a training product that has expired, been removed or deleted from the National Register.

Division 3 — Accountability¶

Section 15 — Annual declaration on compliance¶

An NVR registered training organisation must submit an annual declaration on compliance with its obligations under the Act for each annual reporting period in which the organisation is registered.

The organisation's annual reporting period is the period of 12 months specified by the National VET Regulator as the organisation's annual reporting period.

An annual declaration must be in the approved form as published on the National Register by the National VET Regulator from time to time.

Section 16 — Notification of material changes¶

An NVR registered training organisation must notify the National VET 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. Notice must be given within 10 business days after the event occurs.

The organisation must also notify the Regulator of:

any prospective changes to the ownership of the organisation — as soon as practicable before the change takes effect; or
any prospective or actual change in relation to a governing person:
if the change cannot be determined until it takes effect — within 10 business days of the change taking effect; or
otherwise — as soon as practicable before the change takes effect.

Notices must be in writing or electronic. After giving notice, the organisation must provide any further information relating to the notice as soon as practicable, if requested by the Regulator.

Section 17 — Third party arrangements¶

Where services are delivered by a third party on the organisation's behalf, the provision of the services must be governed by a written agreement that:

is entered into as soon as reasonably practicable prior to the third party delivering any of the services;
requires the third party to cooperate with the National VET Regulator during any audit;
requires the third party to provide accurate responses to requests for information from the Regulator relevant to the third party's delivery of services;
prohibits the third party from:
using the NRT logo;
using the organisation's branding; or
issuing any AQF certification documentation; and
contains the following particulars:
the business or trading names of the parties;
commencement and end dates of the agreement;
all parties' obligations concerning service delivery; and
an entitlement for the organisation to regularly monitor the quality of the services being delivered by the third party.

The organisation must notify the National VET Regulator of any written agreement under this section within 30 calendar days of the agreement being entered into (or prior to obligations taking effect, whichever occurs first), and within 30 calendar days of the agreement ending.

Section 18 — Prepaid fee protection measures¶

Where an NVR registered training organisation or third party receives prepaid fees from or on behalf of an individual in excess of $1,500 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 — comply with the prepaid fee policy requirements (below); or
where the organisation is any other NVR registered training organisation — implement one or more of the protection arrangements (below).

Government entities and Australian universities. Must have a prepaid fee policy specifying how an individual who has prepaid will either: be placed into an equivalent course at a suitable location and receive all services prepaid at no additional cost; or be refunded the prepaid fees for services yet to be delivered which are in excess of the threshold amount.

Other organisations. Must implement one or more of:

an unconditional financial guarantee from a bank operating in Australia (at all times at least equal to the total amount of prepaid fees held in excess of the threshold, with costs met by the organisation);
a current membership with a tuition assurance scheme operator which, if the organisation is unable to provide services, ensures: placement into an equivalent course at no additional cost; or refund of prepaid fees in excess of the threshold if no equivalent course can be found; or
any other fee protection measure approved by the National VET Regulator.

Section 19 — Public liability insurance¶

An NVR registered training organisation must hold public liability insurance that covers all the organisation's operations for the entire period in which the organisation is registered under the Act.

Section 20 — Compliance with laws¶

An NVR registered training organisation must comply with all applicable Commonwealth, State and Territory laws, including by ensuring:

personal information is collected, used and disclosed in accordance with all applicable privacy laws; and
the organisation complies with all applicable requirements under the Student Identifiers Act 2014.

Schedule 1 — Fit and Proper Person Requirements¶

The National VET Regulator must have regard to all matters it considers relevant that are specified in this Schedule when determining whether a person is, or would be, a fit and proper person for registration, renewing registration, or maintaining registration as an NVR registered training organisation.

The Schedule applies to: the organisation; a governing person of the organisation; an applicant for registration; or a governing person of an applicant.

Clause 2 — Compliance with law¶

The National VET Regulator may have regard to:

whether the person has been found guilty of an offence against, or ordered to pay a pecuniary penalty under, a law of the Commonwealth or a State or Territory (regardless of whether a conviction has been recorded);
the seriousness of, and time elapsed since, the offence, conviction, or matter to which the pecuniary penalty relates;
whether the person is currently involved in proceedings before a court or tribunal;
whether the person has been found guilty of a foreign offence (within the meaning of s.85ZL of the Crimes Act 1914).

Clause 3 — Management history¶

The National VET Regulator may have regard to whether any of the following has been cancelled, revoked, suspended or rejected:

the person's registration as an NVR registered training organisation;
the person's application for registration or renewal;
the person's approval as an approved course provider (within VET Student Loans Act 2016) or VET provider (within Higher Education Support Act 2003);
subsidy funding arrangements with a State or Territory for the provision of education services.

The Regulator may also have regard to whether the person has:

breached a condition of registration; or
had a condition imposed by way of sanction on a registration, approval or arrangement, and breached that condition;
ever been a manager or director of a registered higher education provider or registered provider during a period when that provider was determined to have breached a condition of registration under the ESOS Act 2000 or the TEQSA Act 2011;
ever been involved in the business of delivering courses or other services on behalf of a person subject to regulatory action; or with an entity at the time that entity was found to have breached a government training contract;
been disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001.

Clause 4 — Financial record¶

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 creditors; been under external administration (within s.600H(2) of the Corporations Act 2001); or had outstanding debts to the Commonwealth.

Clause 5 — Provision of information¶

The Regulator may have regard to whether the person has provided false or misleading information (where it is reasonable to assume they knew it was false or misleading) to: a VET Regulator; TEQSA; the TPS Director (in any of its tuition-protection capacities); the Minister, the Department or the Secretary; or a State/Territory authority dealing with subsidy funding arrangements for education.

Clause 6 — Previous conduct and involvements¶

The Regulator may have regard to whether the person has previously been found not to be a fit and proper person under the Act; the Australian Education Act 2013; the ESOS Act 2000; the Higher Education Support Act 2003; the TEQSA Act 2011; the VET Student Loans Act 2016; subsidy funding arrangements; or any other Commonwealth/State/Territory law.

The Regulator may also have regard to whether the person has previously engaged in conduct that reasonably suggests a deliberate pattern of unethical behaviour, and to any other matter relating to previous conduct or involvement that the Regulator considers relevant.

Clause 7 — Additional considerations¶

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.

Schedule 2 — Nationally Recognised Training Logo Conditions of Use Policy¶

The NRT Logo¶

The Nationally Recognised Training (NRT) Logo is a distinguishable mark of quality for promoting and certifying national vocational education and training leading to AQF certification documentation. The NRT Logo is a registered trademark.

Authorisation¶

NVR registered training organisations are authorised to use the NRT Logo in accordance with this policy.

Overarching principles¶

The NRT Logo may only be used by NVR registered training organisations in accordance with this policy and any requirements imposed in an instrument made under s.185 of the Act.
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.
All nationally recognised training is listed on the National Register (training.gov.au).
The NRT Logo must not be used in a way that creates misleading impressions.

Use on AQF certification documentation¶

The NRT Logo must be depicted on all AQF certification documentation issued by an NVR registered training organisation.
The NRT Logo must not be depicted on other testamurs or transcripts of results.

Use in other circumstances¶

Advertisements and promotional information (print, TV, radio, banners, internet, etc.).

Organisations may use the NRT Logo to promote nationally recognised training provided that training is within the organisation's scope of registration.
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 where the training is accredited but outside the scope of the organisation's registration. Where training being promoted does not meet the VET Quality Framework or is outside scope, it must be made clear the NRT Logo is not associated with that training.
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.

Student information. Where an organisation uses the NRT Logo in promotional material such as brochures, handbooks or prospectuses that also refer to training offered, the material must clearly distinguish between nationally recognised training within scope and any other type of training offered.

Corporate stationery, business cards, buildings, training resources and merchandise. The NRT Logo must not be used on such products, including mouse pads, pens, satchels, packaging, or learning resources supporting training.

Standards for use¶

Format. - The NRT Logo can only be reproduced from hard or electronic copies provided by the National VET Regulator. - 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. The descriptor must not be typeset in any other typeface. - The logo may be varied in size. The size and position on the final product is at the discretion of the product designer. The proportions of the triangle and descriptor in relation to each other may not be varied. The logo must not be reproduced in mirror image or rotated.

Two-colour reproduction. Where the NRT Logo is reproduced in colour, it must comply with:

GREEN PMS 343
RED PMS 192

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

One-colour reproduction. Where reproduced in one colour, it should preferably be in GREEN PMS 343 or, where not suitable, in black. The black logo may be reversed out to display in white where the background may clash.

Schedule 3 — Repeals¶

The Standards for Registered Training Organisations (NVR registered training organisations) 2015 instrument is repealed in whole.

Summary — all compliance sections at a glance¶

ID	Division	Topic
7	Information & transparency	Marketing and advertising
8	Information & transparency	Guarantees and inducements
9	Integrity of NRT products	Issuance of AQF certification documentation
10	Integrity of NRT products	Records — 30 yr AQF, 2 yr assessments
11	Integrity of NRT products	Issue of VET qualifications and statements of attainment
12	Integrity of NRT products	Student identifier requirements
13	Integrity of NRT products	NRT logo
14	Integrity of NRT products	Transition of training products (1-yr / 2-yr windows)
15	Accountability	Annual declaration on compliance
16	Accountability	Notification of material changes (10 business days)
17	Accountability	Third party arrangements
18	Accountability	Prepaid fee protection (>$1,500 threshold)
19	Accountability	Public liability insurance
20	Accountability	Compliance with laws
Sch 1 §2	Fit and Proper	Compliance with law
Sch 1 §3	Fit and Proper	Management history
Sch 1 §4	Fit and Proper	Financial record
Sch 1 §5	Fit and Proper	Provision of information
Sch 1 §6	Fit and Proper	Previous conduct and involvements
Sch 1 §7	Fit and Proper	Additional considerations

Source: National Vocational Education and Training Regulator (Compliance Standards for NVR Registered Training Organisations and Fit and Proper Person Requirements) Instrument 2025 — F2025L00355. Authorised under subsections 185(1) and 186(1) of the National Vocational Education and Training Regulator Act 2011. Commenced 1 July 2025.