Some Quick Facts about ASQA regulatory decisions and uneven playing fields

Since 2011, ASQA has made 592 regulatory decisions (according to their own website) of those only one decision, or about 0.15% of all regulatory decisions, were in relation to a TAFE.  The one and only regulatory decision which was made by ASQA about a TAFE was in 2012 and related to TAFE NSW Western Institute, where they suspended four units of competency from being delivered and said if the TAFE wished to deliver the program in the future they would have to submit an application to do so.

Now Mark Patterson the Chief commissioner of ASQA in a comment on Linkedin said the following “We have taken in excess of 50 regulatory decisions which impact directly on TAFE. They like other RTOs are provided the opportunity to rectify non compliances. The VET market is dominated by private RTOs both in market share and numbers of RTOs so it should be unsurprising that there are more regulatory decisions that impact on private RTOs.

The first question this raises is, if you have made in excess of 50 regulatory decisions against TAFEs where is the evidence of this, certainly not in your own database it would seem.  Now Mark did say that providers are given the opportunity to rectify non-compliance’s which is fair enough, however if we look at the information, about what decisions they publish, again according to their own website,

ASQA publishes decisions:

  • to impose an administrative sanction—either to cancel registration, to suspend or amend the scope of registration, to shorten the period of registration or to give a written direction—on a registered training organisation under Section 36
  • to impose a condition on a registered training organisation’s registration under Section 29(1)
  • to reject an application to renew a registered training organisation’s registration under Section 17.

It would seem according to the only publicly available evidence that in all of the 50 plus regulatory decisions made by ASQA in relation to TAFE, on only 1 occasion, was anything that fitted into their publications rules done.  So let’s be clear here, on the available evidence in more than 50 decisions ASQA has (except in one case) not even given a TAFE a written direction or imposed a condition.

Now certainly there are substantially more non-public providers in the market than TAFEs, however it also needs to be remembered that TAFEs in general have much higher enrollment numbers that the vast majority of non-public providers and to be fair it is statistically probable that we should see more regulatory decisions in relation to non-public providers than TAFE, however I find it difficult to believe that the ratio is 591:1.  If we look at it as a percentage 14% of non-public providers have had some kind of regulatory decision published against them, as opposed to 2% in relation to TAFE.  Again the size of the margin is something that I find difficult to see as justifiable.

The other question which I have in relation to this is a really simple one.  Does ASQA have the power to actually deregister a TAFE and would they ever be willing to do that.  I think there is a simple answer here and that is that regardless of what a TAFE  did, (and we have seen TAFE do some things, which at least in my opinion a private provider would be deregistered for), ASQA would never be allowed to deregister one, and even that by itself is enough to suggest that there is not an even playing field.  If one part of the sector gets, it seems, to say sorry, we won’t do it again, we have a new process, and then just move on, there will always be a grand canyon of inequity in terms of regulation between the public and private sector.



ASQA: A divided and broken system of regulation

Back on the 20th of September I posted a piece entitled ‘One set of rules for all providers?‘, suggesting that far from it being the case, as ASQA so vehemently pronounces, that there is one set of rules for every provider regardless of there size, or whether they are publicly or privately owned, the State owned providers are treated far more leniently than any private provider and given access to modes of rectification which are simply not available to non-public entities.   So now six weeks or so later and after the lapse of the month deadline TAFESA was supposedly given by ASQA to rectify the debacle that was, and probably still is their training and assessment practices what has happened?


Why has nothing happened you may well ask, and that really is the burning question here.  But first let me remind everyone that the last sanction listed on the ASQA decisions database against a TAFE was back in 2012.  So why time and time again do we see public providers, TAFEs, being caught out breaching the RTO standards, having poor, or in some cases it appears non-existent assessment practices and never do we see any of these breeches met with any sanctions.  We see this because despite what ASQA might claim and want us to believe, the regulatory system for the VET sector in this country is broken and divided and certainly not one system for all.  In fact I am amazed that ASQA representatives can claim that all providers are treated the same with a straight face, when there is overwhelming evidence that this is not the case.  The issues with TAFE SA alone are enough to show this.  If the level of non-compliance that has allegedly been found there was found at a non-public provider, they would have been deregistered by now. Will that happen to TAFE SA?  Not a chance, they will apologize, say that have changed their systems and processes and will do better, and at worse they might stop delivering some of the programs for a few months, but then it will be straight back to business as if nothing has happened.

How then have we got to a system that is so broken and so badly weighted against non-public providers.  To be fair at least some of it is our own fault.  As a sector we saw the issues of VET Fee Help and the actions of the Careers, ACNs and Pheonixs and we (or at the very least those bodies who were supposed to be acting on our behalf) didn’t speak up or take action against them.  This of course played into the hands of the media and those like the AEU and others whose agenda is to end non-public delivery of VET, by giving them ammunition to smear the entire sector.  So bad were the excesses of the few that Ministers had little choice but to react with a big stick, if for no other reason than to save their own political skins.  If we then add to this the fact that TAFEs are state owned entities, which the state utilises not simply as educational facilities but as weapons of policy enactment across a range of areas, and in  addition so heavily heavily unionised, that whenever something happens which the unions don’t like, the social media storm which erupts is of category five proportions.  It is no wonder the system is broken. Any minister or even the regulator itself that ever suggested closing or curtailing the activities of a TAFE due to non-compliance, would be met with such a media storm, both through traditional and social channels, that it is unlikely they would emerge with their skins, let alone their careers, still intact.  So as a result of this we now have a system of regulation which is deeply skewed in favour of the public provider and which actively over regulates and over sanctions private providers while all the while claiming this is not the case.  ASQA has become a political weapon rather than a fair and equitable regulator.

So what is the answer?  It is simply that peak bodies like ACPET need to step up and call out this atrocious and unfair treatment and the inequity which exists, because this is supposed to be a level playing field and ASQA is supposed to treat all providers the same.  In fact everyone needs to step up, everyone needs to voice our opinions and call out these issues.  We need to embarrass and force the regulator to do its job properly and the government to let it.  Lone voices in the wilderness are not enough here.  If as non-public providers you want to actually see some change to this, if you actually want to be treated fairly, you, yes you, need to step up and you need to force those bodies that are supposed to represent you to step up as well.  Create a storm on social media, don’t let the news stories die, be loud.  Why do you think so many people believe the rhetoric from the AEU, it’s not because they are right it is just because they are loud.  And if you don’t step up then this situation will continue because no one else is going to do anything about it.

Anyway that’s just my opinion.

A war on TAFE? Some VET facts and myths.

Recently again, my news feeds, social media and other outlets have been jammed with the AEU, Greens and Labor people talking about the war on TAFE and that non-public providers are causing the death of TAFEs in Australia.  To be fair I understand what is going on here;

  1. A not insubstantial number of AEU members in various states are TAFE workers.  In fact the overwhelming majority of AEU members from the VET sector come from TAFE.  It therefore makes sense that the AEU vigorously pushes the TAFE bandwagon.  Less TAFE staff means (probably) less AEU members, making them a less relevant voice in the VET sector.
  2. The Greens with their deep ideological commitments to public provision of a wide range of things including education and a VET policy that says no funding should go to non-public providers at all, coupled with a solid understanding of their voting base, means that there is a war on TAFE, resonates with their political agenda and makes them more palatable to their voters.
  3. Labour.  Well with deep connections to the Union movement, a lean towards the left, and again a good understanding of their ‘true believers’ talking up the death of TAFE makes sense.  It also helps that they can use it to kick the government as well.

The fact that these are the main groups behind the various save our TAFEs movements makes it pretty clear that a lot of the rhetoric around this and a lot of the negative press leveled at the non-public side of VET is, well, driven by political and ideological agendas.

Now two things before I go on.  Firstly let me make it abundantly clear that the position taken by the government and its advisory groups are, just as much as with the groups above, driven by ideological and political agendas.  Secondly, as I have said so many times before, we need to have a strong efficient and effective public VET education system in this country, losing it would be a loss for Australia.  However, we also need a vibrant and well supported non-public system as well.

Let us then jump away from the rhetoric and agendas and just look at some facts however, and then perhaps we can make some considered conclusions about some of the recent rhetoric.  Now bear in mind these facts have come from data publicly released by NCVER.

Myth Number One: Private RTOs have grown out of control.

Fact Number One:  A small number of private providers (and some TAFEs) substantially increased their enrolments mostly on the back of the flawed VET fee help scheme.  However 47% of all non-public VET providers have less than 1,000 Students.

Myth Number Two: TAFE provides a far better quality of training than non-public providers.

Fact Number Two:  If we look at the Employers’ use and views of the VET system 2017 report from NCVER we can see that Employers report a 91.5% satisfaction with private providers against 85.6% with TAFE as well as an 82.9% satisfaction rate for the delivery to apprentices and trainees as opposed to 81.8% for TAFE.

Myth Number Three: Private providers cherry pick students and courses and leave TAFE to do the heavy lifting with remote, disadvantaged, disabled and indigenous students.

Fact Number Three:  Private providers actually deliver to 50% of all indigenous students, 43% of all students with a disability, 54% of the most disadvantaged students, and more than half of all remote and very remote students.

Myth Number Four: TAFE does the vast majority of the training of trainees and apprentices.

Fact Number Four: Non-public providers delivered 45% of apprentice and trainee enrollments.

So I am just going to leave those here for you to think about for a little while and remember the old saying ‘Never let the facts get in the way of a good story.”

Have a great weekend everyone.

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