This page will be updated when there are changes to VET data related legislation of which registered training organisations (RTOs) and others in the VET sector should be aware.
On this page:
Unique Student Identifier Legislation: Update to Exemptions Instrument
The Student Identifiers (VET Exemptions) Instrument 2021 (the Instrument) was finalised in September 2021, bringing it in line with changes made to the Student Identifiers Act 2014 (the Act) in 2020.
The changes to the Instrument are administrative and do not require RTOs to make changes to their operations.
The Act provides that a Registered Training Organisation (RTO) must not issue a VET qualification or VET statement of attainment to an individual unless the individual has a USI. Changes to the Act in 2020 made it clear that the Registrar has the power to determine, by exemption, whether a VET qualification or VET statement of attainment can be issued to an individual who has not been assigned a USI. The Instrument has been amended to remove parts that are now included in the Act and to include matters the Registrar must consider when granting an exemption.
Data Provision Requirements update
A new version of the Data Provision Requirements comes into effect on 1 March 2021, which is made under the National Vocational Education and Training Regulator Act 2011 (the Act).
The National Vocational Education and Training Regulator (Data Provision Requirements) Instrument 2020 (the Data Provision Requirements 2020) was made on 20 November 2020 and repeals and replaces the current Data Provision Requirements 2012.
The Data Provision Requirements 2020 clarify what information must be provided to the Australian Skills Quality Authority (ASQA) and reduce duplication to help registered training organisations (RTOs) meet their existing obligations.
The Data Provision Requirements 2020 provide a more explicit listing of some information ASQA requires and adds a requirement for RTOs to keep certain specified information up to date where there has been a change in circumstances. In support of the new subsection 211(2B) of the Act, RTOs are required to provide information on their ability to meet requirements about information technology set out in any legislative instrument made under that subsection, but this only applies when such a legislative instrument exists.
The changes support recommendations made by Professor Valerie Braithwaite in 2019 in the ‘All eyes on quality: Review of the National Vocational Education and Training Regulator Act 2011 report’ and include changes flowing on from amendments to the Act in February and August 2020.
As a condition of registration, RTOs are required to comply with the VET Quality Framework, which includes the Data Provision Requirements 2020.
For information on the legislative amendments and complying with ASQA’s requirements, visit ASQA’s website at www.asqa.gov.au.
Student Identifiers Amendment (Enhanced Student Permissions) Act 2020
The Unique Student Identifier scheme commenced on 1 January 2015, following the passage of the Student Identifiers Act 2014.
On 26 May 2020, the Student Identifiers Amendment (Enhanced Student Permissions) Act 2020 came into effect, amending the Student Identifiers Act 2014.
The amendments allow a student or person who has studied VET after 1 January 2015 to choose whether a licensing body, employment agency or potential employer views their authenticated VET transcript.
The student controls:
- Whether to share their transcript or not
- Who gets access
- Which of their VET achievements are displayed
- How long the transcript can be looked at.
The student can remove this access at any time. Giving students this ability and choice increases transparency in the sector and reduces regulatory burden during employment recruitment processes and applications for funding, making it easier to verify VET qualifications.
The amendments also introduce civil penalties to protect the integrity of the student identifier and authenticated VET transcript and to deter persons from doing the wrong thing.
Total VET Activity
In 2012, the Council of Australia Governments (COAG) Skills Ministers agreed to the collection and reporting of total Vocational Education and Training (VET) activity data by all Registered Training Organisations (RTOs) from 1 January 2014. This is reflected in the Data Provision Requirements, under the National Vocational Education and Training Regulator Act 2011.