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MAY 2023 ASQA Updates: ESOS Get Wake-Up Call on Compliance Requirements, RTOs Brace for Annual Registration Charge and ADC Deadline

ESOS Providers Urged to Return to Compliance Requirements by ASQA

ASQA Update – May 2023 has issued an important alert for Education Services for Overseas Students (ESOS) providers, reminding them that next month marks the end of flexible regulatory arrangements for ESOS course delivery. As of 30 June 2023, providers delivering courses to overseas students studying in Australia on a student visa must return to compliance with face-to-face delivery requirements in the National Code and the ELICOS Standards 2018.

In response to international borders re-opening and overseas students once again being able to travel to Australia for study, ASQA is expecting providers to assess risks and plan for implementation of a return to face-to-face delivery requirements. This includes communicating with students associated with the return to compliance and updating delivery locations.

In the coming months following the update, ASQA will monitor providers’ actions, focusing on seeing providers demonstrate good practice surrounding governance and decision-making and transition planning to support these changes. The regulator may also request information about a provider’s return to compliance strategy and implementation.

Delivery to international students, including unethical practices of third-party education agents, continues to be a regulatory priority for ASQA and a focus across the government. Providers must meet their legislative obligations under the ESOS Act and National Code to avoid misleading or deceptive conduct when recruiting students or providing courses. This means they must not provide false or misleading information or guarantee a migration outcome in marketing activities. Providers must also ensure that their marketing and promotion of courses and education services are correct, accurate, and consistent with Australian Consumer Law.

ASQA is also actively engaging in Operation Inglenook with partner agencies and the Department of Home Affairs to undertake compliance, surveillance, and monitoring activities. The regulator is contributing intelligence about regulated Vocational Education and Training (VET) organisations to support a broader multi-agency response and will continue to take appropriate regulatory actions, including conducting site visits, to prevent VET providers from facilitating non-genuine student enrolments.

Providers are encouraged to use ASQA’s online Self-Assessment Tool to assist them.

Annual Registration Charge for RTOs to be Invoiced in July

Annual Registration Charge (ARC) for Registered Training Organisations (RTOs) is set to be invoiced in July, according to a recent announcement by the Australian Skills Quality Authority (ASQA). With the invoice date quickly approaching, now is the time for RTOs to ensure their registration scope is up to date.

The ARC is calculated based on the total number of qualifications and courses on the RTOs’ scope as of 1 July and the number of unique students enroled in the preceding calendar year. ASQA also noted that non-equivalent training products no longer valid would also be included in the ARC calculation if they remain on the RTOs’ scope.

RTOs are advised to review their scope and remove any training products they no longer deliver to ensure they are not charged in a higher bracket than expected. This is especially important as removing these products could impact the number of unique students enroled, which is a factor in determining the ARC.

More information on the ARC is available on the ASQA website, and RTOs are encouraged to visit the website to ensure they are fully informed about the process.

Do Not Miss the Deadline: Submit Your Annual Declaration on Compliance by 17 May 2023

Attention all Registered Training Organisations (RTOs) – the Annual Declaration on Compliance (ADC) is closing soon. All RTO CEOs are reminded to submit their declaration by 17 May 2023 via a unique weblink emailed by ASQA.

The requirement to submit the ADC is set by the Standards for Registered Training Organisations (RTOs) 2015, and it applies to all RTOs registered on or before 31 December 2022. If your RTO CEO has yet to receive the unique weblink from ASQA, they should check their spam/junk mail folder, update their contact details in asqanet and contact the ASQA Info Line to request that ASQA re-send the email.

New RTOs registered from 1 January 2023 do not need to submit the ADC this year. RTOs managed by the Queensland Curriculum and Assessment Authority (QCAA) also do not need to submit the ADC to ASQA, as QCAA has a separate submission process this year.

To complete the declaration, RTOs must assess compliance with the Standards for Registered Training Organisations (RTOs) 2015. While more than one person in your organisation may contribute to the online declaration, the final declaration must be completed by the person legally responsible for the registration of the RTO (the CEO).

ASQA’s webpage on Annual Declaration on Compliance contains more information on the process, and their team is standing by to help you through this process. If you have further questions, email your enquiry and contact number to, and they will do their best to assist you as quickly as possible.

Do not miss the deadline – submit your ADC by 17 May 2023 to ensure compliance with the Standards for Registered Training Organisations (RTOs) 2015!

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