57. Ongoing course provider requirements

On this page:

You have ongoing requirements related to:

  • complying with conditions imposed on you at the time of your approval
  • providing information (to students and to the department)
  • having the appropriate procedures in place.

You must:

  • keep all required records
  • must meet all of your legislative obligations.

You can be audited at any time.

57.1 - Approved provider requirements

When you applied to be an approved provider [part 4], you had to meet all the course provider requirements. To maintain your approved status, you must continue to meet those requirements. For example, you must continue to:

  • meet the conditions imposed on your approval [part 10]
  • meet the suitability requirements [part 7.7]
  • act efficiently, honestly and fairly in all dealings with students, stakeholders and the Commonwealth, including the National VET Regulator
  • have a record of satisfactory conduct in relation to the provision of previous vocational education and training for which the Commonwealth, a state or a territory provided funding
  • be financially viable [part 7.3] and being able to pay your debts as and when they are due and payable
  • have the appropriate insurance [part 7.3]
  • have robust and appropriate management and governance structures
  • show adequate student completion rates [part 7.5].

57.2 - Management and governance

You must have robust and appropriate management and governance structures.

Processes and resources

You must:

  • have clearly defined decision-making processes that ensure accountability for decisions and actions
  • have the resources necessary to support employees and students
  • have systems in place to maintain student records, ensure data integrity and report data consistently, accurately and on time to the department
  • have the organisational capacity and administrative resources to ensure you meet your responsibilities under the relevant laws and review on a regular basis your compliance with, and effectiveness of your operations in relation to, those laws
  • comply with the required processes and procedures [part 51]

57.3 - Staffing

You must:

  • ensure key personnel and advisers have experience and expertise necessary to perform their duties and responsibilities including in delivery of education, financial and human resources management and administration
  • not pay your staff commissions, benefits or bonuses (refer further information below) that have any connection with the number of students who are enrolled by you and whose tuition fees are paid (whether wholly or in part) using VSL.

57.4 - Commissions for provider staff

You are prohibited from paying staff commissions, benefits or bonuses that have any connection with the number of students who enrol with you in a course (whose fees are paid in whole, or in part under VSL), as well as in subsequent units that form part of the course.

In addition, questionable training and assessment practices might result in a breach of the National Vocational Education and Training Regulator Act 2011 (NVR Act) and/or the Standards for Registered Training Organisations 2025 (RTO Standards), specifically:

  • if there is a suggestion that a provider may be allowing students to progress through a course where they do not meet the course competencies, or if the provider is not conducting the training or assessment appropriately, then this could be a breach of standards 1.1, 1.3, 1.4, 1.5 and 1.6 of the Outcome RTO Standards. This could also be a breach of sections 8–11 and schedule 1 - Fit and Proper Persons Requirements of the Compliance RTO Standards, and
  • if the provider is issuing VET qualifications and/or VET statements of attainment without adequate assessment or without ensuring the student satisfied the requirements then this could be a breach of the offence and civil penalty provisions at sections 103–110 of the NVR Act.

57.5 - Compliance

You must:

  • comply with relevant laws and continually meet the appropriate RTO quality standards for training and assessment
  • meet the relevant standards applicable to their registration as an NVR RTO, or registration with the Western Australia Training Accreditation Council (WA TAC) or registration with the Victorian Registration and Qualifications Authority (VRQA).

Legislation: Act s 47(2), Rules s 22, s 26–30, s 32.