An under the is now in place.
To view the media release, visit the DEWR webpage .
Key changes
Some of the key changes include:
- Makes clear that the VET Regulator must have regard to all matters it considers relevant that are specified in Schedule 3 to determine if a person is fit and proper.
- Makes clear that in the application of the FPPRs, the definition of ‘person’ includes a body politic or corporate as well as an individual.
- Extends fit and proper person requirements beyond CEOs and high managerial agents to any person which exercises a degree of control or influence over the management or direction of the RTO.
- Provides more specific information that the VET Regulator can have regard to, and consideration for, in assessing a person’s compliance with the law. In particular, allows the VET Regulator to consider any situation where an offence has been found to have been committed regardless of whether a conviction was recorded.
- The inclusion of the consideration of outcomes of previous applications for registration and renewal. This is also extended to approvals as a course provider under the VSL Act; VET provider under the Higher Education Support Act and State and Territory funding arrangements for provision of education.
- Stepped out the bankruptcy and insolvency considerations.
- Expansion of considerations of provision of false and misleading information to include more than just the VET Regulator (e.g. TEQSA, TPS Director).
- Addition of the term ‘government training contract’ – a contract that a RTO has with the Commonwealth or a state or territory (or a statutory authority of a state or territory) under which it receives funding in relation to the provision by the registered training organisation of vocational education and training.
Transition Arrangements
Declaration (signed) date | Old Declaration | New Declaration |
---|---|---|
Prior to publication on Federal Register of Legislation – up to and including 4 September 2023 | X | |
Date of effect – 5 September 2023 onwards | X |
Please note: You may be requested by ASQA to submit a new version of the Fit and Proper Person Declaration at any point of a regulatory activity.
/Public Release. View in full .