Is non-compliance really that bad?

• What’s ahead in 2019 for RTO’s?
  • The Hammer falls…
  • VET workforce survey
• Is non-compliance really that bad?

Business is business, right? Compliance is an ongoing catch-up. Ivory tower academics don’t understand. If we get 80% it should be good enough for them.

You really buy into such corporate whining and self-serving justification?

Reality bytes

In the real world contracts exist to protect first and second parties, not third party end users. Tread wrong on a business agreement and could hurt.

[12 Feb 18]: Facebook did the naughty and in August 2018 Apple chopped Onovo (they mined data on other apps under the guise of protecting users from such snooping through a VPN.

[31 Jan 19]: Facebook launched a market research app that paid users to give over their data. They bailed quickly after public outcry over the teenage exploitation, but not before grabbing 33M. Apple took exception and revoked their enterprise certificate.

Even Angry Birds are up in, ur, wings about the high level of chargebacks over ‘friendly fraud‘.

ASQA another one

She’ll be right, mate…

Putting greed above compliance requirements may be seen as business-as usual, with a mere 30% of Registered Training Organisations (RTO’s) actually passing audit first go. Historically the following have seemed a rule of thumb:

• Fail a TAC audit and carry right on, no problem
• Get seriously non-compliant and hit [DON’T PANIC] for the consultant to come in a ‘fix it up’.
• Get shut down but give the finger and call for ministerial rain-fire

Well, a few years ago ASQA grew some teeth and pursued naughty RTO’s more effectively. In 2017 the Standards for RTO’s 2015 was updated, providing more clarity, less wriggle-room and a better platform for prosecution. 2018 saw more RTO’s biting the dust and ASQA assisting local enforcement to take things all the way.

♫ Another one bites the dust ♫

Yes, sing along whilst you read the woes of dead RTO’s..

[2 Jan 19] 8 private for-profit colleges’ accreditation cancelled

• The Australasian College of Dermatologists
• Lianrick Pty Ltd, trading as Advanced Careers College
• Mason College Pty Ltd
• New Dream College Pty Ltd
• Organised Transport Pty Ltd, trading as Supreme Taxi Co
• Ultimate Group Pty Ltd, trading as Ultimate Sports Performance
• Upskilling Training Pty Ltd
• WPK Training Australia Pty Ltd

[20 Dec 18] Nine people arrested in relation to alleged forgery of documentation for trade qualifications

• [25 Jun 15] ASQA cancelled the registration of Daily Update Pty Ltd, trading as Green Skills Australia (RTO ID 31901), as an RTO following critical non-compliances with assessment practices, including recognition of prior learning (RPL) assessment
• [Jun 18] ASQA’s Investigations and Regulatory Operations teams provided evidence and intelligence to support NSW Police in an operation under Strike Force Petrie.
• [4 Dec 18] ASQA officers assisted police investigators in Sydney, Melbourne and Brisbane and three ex-employees of a former RTO, Daily Update Pty Ltd, were arrested.
  

  [28 Nov 18] Government announced an Expert Review of the VET sector

• ASQA’s 18-20 regulatory strategy (PDF)

• [18 Oct 18] Federal court issues significant penalties after RTO continued trading after non-renewal

  • [2013] Critical non-compliance with the Standards found at an audit
  • [Apr 14] In response, ASQA did not renew Wright Solution QLD Pty Ltd’s registration
    Jason Richard Wright, sole director of Wright Solution QLD Pty Ltd continued to offer VET courses after the non-renewal and issued 11 statements of attainment
  • [18 Oct 18] The Federal Court handed down $180,000 in pecuniary penalties, a further $69,750 and also ordered payment of ASQA’s costs in the agreed sum of $75,000.

[30 Aug 17] Get Qualified Australia ordered to pay $8 million penalty

More:

• ASQA Regulatory decisions

More..