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.



About pauldrasmussen
Paul Rasmussen is one of Australia’s most widely read Vocational Education and Training Commentators. He provides deep, unbiased analysis and insights not only on topical issues, but also on the underlying structure and policy which supports the industry. His writing and analysis has been praised for its uncompromising and thought provoking style and its ability to focus on the issues of real importance to the sector. He has advised various government departments and ministers, training providers, public and private organisations, not for profits and small to medium enterprises on the VET sector and the issues and opportunities facing it. He is one of Australia’s most awarded learning professionals and a regular speaker at a range of conventions and forums. His extensive experience in vocational education, and learning and development coupled with formal qualifications in philosophy, ethics, business and education management allow Paul to provide a unique view of the road ahead and how to navigate it.

Let me Know what you think

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: