National VET Regulator: Update

1. National VET Regulator: Update Presentation to Australian Education Union National TAFE Council AGM 14 January 2011 Kaye Schofield, Interim Chair, National VET Regulator

2. Legislative Matters • Led by the Commonwealth not the national VET regulator • NSW legislation (Vocational Education and Training (Commonwealth Powers) Bill 2010 passed 30 November 2010 • National Vocational Education and Training Regulator Bill 2010 and the National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010 presented and read a first time in the Senate • Commonwealth Bills to be considered in the autumn sitting • Followed immediately by recruitment of Commissioners • Inter-Governmental Agreement now being finalised • Transition date still to be finalised

3. Implementation Planning At the commencement of operations on 1 April 2010, the National VET Regulator: • Governance: is legally compliant and administratively effective, with appropriate business regulations in place; • Corporate: has a full range of appropriate, effective, and efficient corporate (HR, IT, Communications, Finance etc) services; • Business Capability: has the business functions of a national, contemporary, VET regulator.

4. Deliver on expectations of while integrating but building a new strategic platform without negatively affecting A large-scale and risky transition • National consistency • Increased efficiency / less complexity • Greater market confidence • Better quality outcomes • Tough sanctions for non-compliant RTOs • Clear lines of accountability and responsibility for quality of VET • Greater public disclosure • A coordinated response to emerging quality issues in VET • Regulatory independence • Information systems • Business processes • State & Territory regulatory staff • Different regulatory cultures and practices • @ 4,000 RTOs • Managing implications of WA & Victoria decisions • Audit consistency • Conducting audits of inter-jurisdiction operations • Managing non-compliance of RTOs • Responding to complaints • Risk management • Industry body engagement • New, regulatory model based on a more mature risk-based/ problem solving approach • Clarifying role of regulator in market stabilisation (ensuring adequate competition in the market) • Organisational design (structure, staffing, communications, culture, financial structure, budget framework, ) • A strong investigative and analytical capability using internal and external data sources • Introducing new full fee system • Students • Industry • Regulatory staff • Providers • The training market • Data security • Service standards • The integrity of the Australian VET qualification • Australia’s reputation for quality VET + meeting AQTF 2010 national guidelines for a registering body for

5. The NVR Model of Regulation • We have a rare opportunity to build on the best practice in VET regulation, to be a strong national regulator that is: • Targeted: focussing attention and resources on areas and institutions of greatest potential risk to students and the integrity of VET qualifications. • Rigorous: using a range of analytical tools and the full scope of legal sanctions available • Transparent: share information with RTOs, industry bodies & the general community • Collaborative: working with others to build a commitment to quality • Forward-looking: in order to intervene early to address potential problems before they emerge.

6. The NVR Model of Regulation We also have the opportunity to act nationally: • To solve national problems: focusing deliberately on specific, carefully identified problems / hazards / risk concentrations, and devise tailor-made interventionsthat quickly suppress them before they do harm. • To developing a national regulatory culture which • achieves national consistency in implementing the regulatory framework • rewards those who are willing or trying to do the right thing • penalises heavily those who don’t want to comply or have chosen not to comply • To (re) build trust in the professionalism, consistency and integrity of VET regulation.

7. The NVR Model of Regulation We have an opportunity to overcome regulatory weaknesses identified in recent reports (NSW ICAC report on security industry training, SA’s McCann report on VET regulation, the Victorian Auditor General’s report on the VQRA) such as • Regulation of cross jurisdiction delivery sites. • Regulation of overseas delivery of Australian qualifications. • Low levels of onsite regulatory activity In the domestic market. • Active engagement of industry bodies (Industry Skills Councils and industry regulators) in training regulation.

8. AQTF 2010 standards and regulation against them • Standards set by National Standards Council (successor to National Quality Council) • National VET regulator must audit against approved AQTF 2010 standards • However: • where non-compliance is widespread, there is a systemic problem that the national regulator can address; • where standards are proven to be weak or inappropriate , the national regulator will need to advise the National Standards Council; and • the national regulator can strengthen the evidence required to demonstrate that the standard is being met

9. Risk Analysis will be at the Centre • We intend to maintain on-going and comprehensive risk analysis of both RTOs, and of the VET system by using: • AQTF National Guideline for Risk Management • Risk assessments of initial, renewal, scope applications; • Advice from auditors; • Feedback from industry regulators and associations; • Student complaints; • State, Territory, AG intelligence (e.g. apprentice, purchasing etc); • Analysis of non-compliance data indicators including student and employer outcomes. • Considerable work to be done to develop a valid and reliable risk rating system that could withstand strong public scrutiny

10. Chief Commissioner The NVR will be formed by 3 Commissioners Commissioner NVR Quality / Moderation Deputy Commissioner Consistent quality across the NVR will be important

11. Chief Commissioner The NVR will have regional offices Commissioner Adelaide Hobart Melbourne Regional Operations Compliance Audits Brisbane Darwin Sydney Perth Canberra Course accreditation will be consolidated in one regional office Course Accreditation

12. Chief Commissioner Risk Analysis will be at the centre of the NVR’s work Deputy Commissioner Risk Assessment Industry Engagement Regional Operations Compliance Audits Complaints Risk Analysis Annual Reports Health of the VET System Legal / Investigation

13. Chief Commissioner NVR FUNCTIONS Commissioner NVR Quality / Moderation Deputy Commissioner Adelaide Hobart Melbourne Risk Assessment Industry Engagement Regional Operations Compliance Audits Brisbane Darwin Complaints Sydney Perth Canberra Risk Analysis Course Accreditation Legal / Investigation

15. NVR needs the expertise of current regulatory staff • The NVR will offer positions to most regulatory staff who wish to work with the national regulator. • However, some staff will continue in their state or territory employment, due to: • Some positions in Melbourne, shared with TEQSA • Consolidation of functions where there is most expertise • Elimination of duplication (e.g. ‘Policy’) • Some RTO Education functions not transferring

17. A Joint Approach • Through a Bi-Lateral Agreement, we will: • Give staff certainty re post-NVR implementation • Have a transparent and open transition process for staff • Ensure that no one moving to the NVR is overall worse off • During January 2011, we are: • Holding bi-lateral discussions (between the NVR and the state or territory) • Advising staff in detail of the transition terms and conditions • Presenting a secure website to answer staff questions • After January (subject to each transition date) begin to make transition appointments to the NVR, ready for April 2011

18. Communications • Jurisdictions have been provided with: • A presentation for staff outlining what is proposed • A letter to staff • A copy of the indicative organisational structure • An indicative outline of positions, functions, and levels • Indicative salaries