RTO Annual Declaration on Compliance

by Matthew Dale | Feb 28, 2017 | Annual Declaration of Compliance, Uncategorized, VRQA

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Making the 2017 Annual Declaration on Compliance for your RTO

[/vc_column_text][vc_icon icon_fontawesome=”fa fa-calendar” color=”custom” size=”xl” align=”center” custom_color=”#8dc63f”][vc_column_text]All Australian Registered Training Organisations (RTOs) are required to submit an annual declaration on their compliance with the RTO Standards applicable to their organisation. ASQA and VRQA RTOs are required to submit the annual declaration of compliance to their regulator before Friday 31st March 2017.

The requirements and format of the declaration are slightly different and vary between each of the three Australian VET Regulators:

-The Australian Skills Quality Authority (ASQA)
-Victorian Registration and Qualifications Authority (VRQA – VIC based RTOs)
-Training Accreditation Council (TAC – WA based RTOs)

Audit Express have prepared an overview of the requirements for making an annual declaration with each of the three Australian VET Regulators.

Regardless of which regulator you will be making your declaration to, our advice is that before you make your annual declaration on compliance for your RTO you first ensure that you are well informed in relation to:

-The level of your compliance in your RTO
-Any existing non-compliances in your RTO
-Any non-compliances or gaps in relation to Assessment Tools and Assessment Practices (Actual assessment of students)

Audit Express recommend completing an independent internal audit of your RTO annually. This would ideally take place in the second half of the calendar year (July – December) and you should be using the outcomes of this internal audit to inform the annual declaration that you submit to your Regulator. You are reminded that your declaration is a legal document, you must be truthful and completely open and transparent in making the declaration. There are penalties under the National Vocational Education and Training Regulator Act (2011) for making a false declaration and there are also penalties for not making a declaration. If your RTO fails to make its annual declaration of compliance you also risk having your RTOs registration cancelled.

This is not a simple form to be ticked and sent back to your regulator. The submission of your RTOs annual declaration of compliance must be taken seriously.

If you have any questions, concerns or require assistance with making your annual declaration, do not hesitate to contact the team at Audit Express by phoning 1300 73 55 41.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/3″][just_icon icon=”Defaults-legal” icon_size=”32″ icon_color=”#8dc63f”][vc_column_text]

ASQA Registered Providers
Making your RTOs Annual Declaration on Compliance with ASQA

[/vc_column_text][vc_column_text]RTOs that are registered with ASQA are required to make an annual declaration on their RTO’s compliance with the Standards for RTOs 2015, in accordance with Clause 8.4 of the Standards for RTOs 2015 to ASQA no later than the 31st of March 2017.

At the beginning of February, ASQA sent the CEO nominated on training.gov.au for each RTO, notification of their obligation to complete this declaration. The email also contained a unique link to an online form. The form is available from the beginning of February until the end of March. This allows your RTO two months to undertake the self-assessment required to complete the declaration. You can save the online form and return to it at any time before the end of March. If you have not received this correspondence please check your details on training.gov.au to ensure that ASQA has access to your current email address and contact the ASQA Help Desk if your RTO has not received this email.

Remember that when submitting the declaration, you are confirming to ASQA that you:

• systematically monitor your RTO’s compliance, and
• implement preventive and corrective actions where considered necessary.

ASQA will not email you a copy of your Declaration, you will have the option to print a copy of your declaration when you complete the form. Make sure that you print and keep a copy of your completed declaration for your records.[/vc_column_text][/vc_column][vc_column width=”1/3″][just_icon icon=”Defaults-legal” icon_size=”32″ icon_color=”#8dc63f”][vc_column_text]

VIC VRQA Registered Providers
Making your RTOs Annual Declaration on Compliance with VRQA

[/vc_column_text][vc_column_text]Victorian based RTOs that are registered with the VRQA are required to make an annual declaration on compliance with the AQTF Standards and VRQA Guidelines, in accordance with ​​​​Guideline 5 of the 2016 VRQA Guidelines for VET Providers, which requires each RTO to complete an Annual Declaration of Compliance and submit it to the VRQA before the 1st of April 2017.

The VRQA’s annual declaration requires RTO to declare that it:

• currently meets the requirements of the AQTF Standards and the 2016 VRQA Guidelines for VET Providers across all its scope of registration, and has met the requirements of the AQTF Standards and 2016 VRQA Guidelines for all AQF certification documentation it has issued in the previous 12 months: and
• has training and assessment strategies and practices in place that ensure that all current and prospective learners will be trained and assessed in accordance with the AQTF Standards and 2016 VRQA Guidelines.

It is assumed that by submitting the annual declaration that the RTO is confirming that it has systematically monitored compliance and whether any issues identified have been corrected.

The 2017 declaration allows RTOs to note their compliance/noncompliance.  Where a noncompliance is identified, RTOs must provide the reasons and any rectification measures being implemented in the relevant section of the form. The annual declaration must be signed by the Principal Executive Officer/Chief Executive Officer who is registered with the VRQA as listed on Training.gov.au.

Once you have completed the Annual Declaration of Compliance you should send it to the VRQA by email at qar@edumail.vic.gov.au

The VRQA have advised RTOs that by not submitting the declaration, or not contacting the VRQA will be deemed as non-compliance with the ongoing registration requirements of the Australian Quality Training Framework (AQTF). The VRQA will follow up individually with non-compliant RTOs. This could lead to your RTO registration being cancelled.

Click here to download a copy of the VRQA VET Declaration of Compliance template.[/vc_column_text][/vc_column][vc_column width=”1/3″][just_icon icon=”Defaults-legal” icon_size=”32″ icon_color=”#8dc63f”][vc_column_text]

WA TAC Registered Providers
Making your RTOs Annual Declaration on Compliance with TAC

[/vc_column_text][vc_column_text]Western Australian based RTOs that are registered with the TAC are required to make an Annual Declaration on Compliance. The person who is listed as the RTOs Legally Responsible Person is to certify that the RTO is operating in accordance with its obligations under the Vocational Education and Training (VET) Act 1996 and the Standards for Registered Training Organisations (RTOs) 2015.

RTOs were required to submit their annual declaration for 2016 by the 30th of September 2016. It is understood that RTOs registered with TAC will be not be required to submit their 2017 declaration until 30th of September 2017.

If you’re an RTO CEO, TAC will notify you by email closer to September of your obligation to complete this declaration. Please check your details on training.gov.au to ensure that TAC has access to your current email address.

In 2016 RTOs registered with TAC were required to complete their annual declaration as an online form which was accessed at:

https://www.surveymonkey.com/r/V6CDCRF

When you submit the annual declaration of compliance, you are confirming to TAC that you are making a truthful declaration that is based on a systematic evaluation, which was based on evidence from a range of sources, including the outcomes of validation, complaints and appeals processes, feedback from learners, clients, trainers and assessors and quality/performance indicator data collected under the Data Provision Requirements.

Like ASQA, TAC have advised RTOs that Clause 8.4 of the Standards requires RTOs to provide an annual declaration on compliance. Clause 8.1(a) also requires RTOs to cooperate with the VET Regulator by providing accurate and truthful responses to information requests from the Regulator. Failure to submit a completed declaration means your RTO is non-compliant with the Standards, and this could lead to your RTOs registration being cancelled.[/vc_column_text][/vc_column][/vc_row]