Australian Skills Quality Authority instrument fixing fees No. 1 of 2011

 

I, Chris Evans, Minister for Tertiary Education, Skills, Jobs and Workplace Relations:

 

(i)                 under subsection 232(1) of the National Vocational Education and Training Regulator Act 2011, determine the amounts of fees the Australian Skills Quality Authority may charge for goods or services it provides in performing its functions to be the fees specified in the attached Schedule A; 

(ii)               under subsection 232(5) of the Act, determine other matters relating to the payment of fees as specified in the attached Schedule B. 

 

This instrument commences on the date of registration on the Federal Register of Legislative Instruments under the Legislative Instruments Act 2003.

 

Dated  30 June 2011

 

 

 

CHRIS EVANS

Minister for Tertiary Education, Skills, Jobs and Workplace Relations

Interpretation

In this determination:

 

Act  means the National Vocational Education and Training Regulator Act 2011.

ASQA  means the Australian Skills Quality Authority.

CRICOS  means the Commonwealth Register of Institutions and Courses for Overseas Students.

Delivery Site is defined as a permanent site at which training and/or assessment are delivered that is either owned or leased by the organisation.

ESOS Act means the Education Services for Overseas Students Act 2000.

Modules means a group of learning outcomes in a VET accredited course where it can be established that it is not possible to develop an appropriate unit of competency.

NVR means National VET Regulator.

NVR registered training organisation has the meaning given by section 3 of the Act.

Registered Provider has the same meaning as in the Education Services for Overseas Students Act 2000.

RTO means a registered training organisation, defined at section 3 of the Act.

Training Package is a nationally endorsed, integrated set of competency standards, assessment requirements, Australian Qualifications Framework qualifications, and credit arrangements for a specific industry, industry sector or enterprise.

Units of competency means the specification of industry knowledge and skill and the application of that knowledge and skill to the standard of performance expected in the workplace.

VET accredited course has the meaning given at section 3 of the Act.

VET qualification has the meaning given at section 3 of the Act.

 


Schedule A – Schedule of Fees

The imposition of the fees set out in this Schedule is subject to matters specified in Schedule B.

Item

Activity for which the fee is imposed

Amount of the fee

1

Application for registration under section 16(3)(b) of the Act – where the applicant applies to be registered as an NVR registered training organisation

 $640 per application

2

Application for renewal of registration under section 31(2) of the Act – where the applicant applies to renew registration as an NVR registered training organisation

$640 per application

3

Registration assessment fee for considering an application for registration as an NVR registered training organisation (including renewal) under section 17(4) of the Act – where the applicant has applied to be an NVR registered training organisation

$3,300 – up to 10 qualifications and/or 20 units of competency/modules on scope and up to 2 delivery sites, plus

 

$100 for each additional qualification (capped at $10,000 for additional qualifications), plus

 

$40 for each additional unit of competency or module (capped at $4,000 for additional units or modules), plus

$400 for each additional delivery site (capped at $4,000 for additional sites)

 

 

4

Registration fee under section 18(c)(iv) of the Act.

This fee is payable only in respect of  registrations that are active on or after 1 January 2014

$600 per year – up to 10 qualifications and/or any number of units/modules, plus

 

$50 per year for each additional qualification (capped at $5,000 for additional qualifications)

 

Refer to Schedule B for further information about payment of this registration fee, including the amount of the first annual registration fee.

 

5

Application for a change of scope of registration under section 32(2)(b) of the Act – where the NVR registered training organisation applies to increase their scope of registration

$350 per qualification (up to 4 qualifications), plus

 

$200 for each additional qualification (up to 5 additional qualifications), plus

 

$100 for each additional qualification (above 9 qualifications), plus

 

$75 for each unit of competency/module, plus

 

$140 for each application for any number of qualifications specified as equivalent qualifications in a particular Training Package

 

6

Application for registration as a registered provider under the ESOS Act – where the applicant makes an application to ASQA (as a designated authority under the ESOS Act: see section 9 of that Act) in relation to registration on CRICOS

 $640 per application

7

Application for re-registration under the ESOS Act (see section 9A of that Act) – where the applicant applies to ASQA in relation to re-registration on CRICOS

$640 per application

8

Assessment of application for CRICOS registration (including re-registration) – where the applicant has applied to be registered on CRICOS

$4,300 – up to 2 qualifications and up to 2 sites, plus

 

$375 for each additional qualification (capped at $37,500 for additional qualifications), plus

 

$700 for each additional delivery site

 

9

 

 

 

 

 

 

 

 

10

 

 

CRICOS Registration fee

This fee is payable only in respect of  registrations that are active on or after 1 January 2014

 

 

 

 

 

Application to increase approved CRICOS student capacity

$600 per year – up to 2 qualifications, plus

 

$100 per year for each additional qualification (capped at $10,000 for additional qualifications)

 

Refer to Schedule B for further information about payment of this registration fee, including the amount of the first annual registration fee.

 

 

$700 for each application to increase student capacity

11

CRICOS application to deliver services to overseas students from additional sites

$700 for each additional delivery site

12

Application for a change of scope of registration (CRICOS) - where the provider applies to increase their scope of registration

$375 per qualification (up to 4 qualifications), plus

 

$275 for each additional qualification (up to 5 additional qualifications), plus

 

$125 for each additional qualification (above 9 qualifications), plus

 

$375 for each change to course duration, plus

 

$145 for each application for any number of qualifications specified as equivalent qualifications in a particular Training Package

13

Application fee under section 43(2)(b) of the Act – where the applicant applies for accreditation of a course as a VET accredited course

$2,700 per course

14

Application fee under section 50(2) of the Act – where the applicant applies to renew the accreditation of a VET accredited course

$2,700 per course

 

15

Application fee under section 51(3)(b)(ii) of the Act – where the applicant applies to amend a VET accredited course

$500 per course

16

Application under section 52(4)(b)(ii) of the Act – where the applicant applies to cancel the accreditation of a VET accredited course.

This fee is payable only in respect of applications made on or after 1 January 2013

$120 per course

17

Application under section 55 of the Act – where the applicant applies for a copy of their student certificate.

This fee is payable only in respect of applications made on or after 1 January 2014.

$60 per certificate (no fee applies if the certificate has not previously been issued)

18

Application fee under section 41(4)(b) of the Act – where the applicant applies for reassessment by ASQA of its position in relation to the scope, conditions or suspension of registration of an NVR registered training organisation

This fee is payable only in respect of applications made on or after 1 January 2013.

$400 per application

19

Application fee under section 200(3)(c) of the Act – where the applicant applies for reconsideration of a decision(s) by ASQA

This fee is payable only in respect of applications made on or after 1 January 2013.

$500 per application (which might relate to more than one reviewable decision)

 

 

 

 

 


Schedule B

Payment of annual registration fee

 

Annual registration fees (as set out in Schedule A) are payable on 31 January each year for that year of registration.

 

RTOs that become NVR registered for the first time (ie are not renewing their registration)

 

For RTOs that become NVR registered training organisations for the first time (ie are not renewing their registration), the first annual registration fee under section 18(c)(iv) of the Act will be calculated pro-rata based on the registration commencement date and 31 January the following year as follows:

 

Amount of annual registration fee (as set out in Schedule A) × (the number of complete months that remain up to 31 January after the RTO becomes registered as an NVR registered training organisation / 12).

 

This fee must be paid within 30 days of the organisation receiving notification of ASQA's decision to grant the application for registration.

 

Where an RTO is notified of ASQA's decision to grant its application for registration as an NVR registered training organisation for the first time between 1 January and 31 January, the RTO must pay their first full annual registration fee by 31 January. 

 

Refund of fees

Withdrawal of application

 

A person who has paid the fee in relation to an application under sections 32(2)(b), 41(4)(b), 43(2)(b), 50(2), 51(3)(b)(ii) or 200(3)(c) is entitled to a refund of the amount paid if, before ASQA has commenced consideration of the application, the person notifies ASQA in writing that they wish to withdraw their application and ASQA has received the notification.

 

If ASQA has not received written notification of the withdrawal before consideration of the application has commenced, the person shall not be entitled to a refund of the relevant fee due to notification of withdrawal of the application.

 

Other reasons

 

A person who has paid the fee in relation to an application under s 200(3)(c) is entitled to a refund of the amount paid if ASQA does not consider the application because ASQA decides that the application does not relate to a reviewable decision within the meaning of s 199 of the Act. 

 

A person who has paid the fee in relation to an application for the issue of a VET qualification or VET statement of attainment under section 55 of the Act is entitled to a refund of the amount paid if ASQA is unable to provide the testamur applied for.

 

Fees not refundable where application rejected

 

A fee is not refundable if an application is determined but rejected by ASQA.

 

Set-off of fees

 

The amount of any refund a person would otherwise be entitled to is to be reduced by any other amount which the person owes to ASQA. 

 

Waiver of a fee

NVR registered training organisations not required to pay fees in relation to functions delegated to the organisation

If ASQA has delegated particular functions specified in s 226(1) of the Act to an NVR registered training organisation, the NVR registered training organisation is not required to pay fees in relation to functions which it performs under the delegation. 

Delegate of ASQA performing relevant functions

When a delegate of ASQA performs relevant functions for which fees are specified in Schedule A in relation to an RTO or NVR registered training organisation, the fees set out in Schedule A are not payable to ASQA by the RTO or NVR registered training organisation.

NVR registered training organisations that apply for a change in scope of registration (RTO and CRICOS) simultaneously

When an RTO applies simultaneously for a change of scope of registration for both registrations (RTO and CRICOS), for the same qualifications, ASQA will apply a single application fee – the higher of the two (ie. the lower fee will be waived)

 

Registered providers that apply for an additional delivery site and an increase in their approved CRICOS student capacity

When a registered provider applies simultaneously for an additional delivery site and an increase in their approved CRICOS student capacity, ASQA will apply a single application fee.

 

NVR registered training organisations that have paid fee for renewal of registration

This provision applies if an RTO or a NVR registered provider has paid their annual registration fees as a condition of registration (under State law) and the annual registration fees included an amount to pre-pay the next renewal of registration fee. If this provision applies, the ASQA registration assessment fee specified in s 17(4) will not apply for the RTO's first application for registration with ASQA.