ASQA To Get A New Direction & A New Chief

When a government announces a policy review there is often scepticism amongst stakeholders that not much will eventuate. Perhaps a few media releases and minor announcements, but that’s it. The response to the expert review of the Vocational Education and Training (VET) sector, commonly referred to as the Joyce Review, is shaping up to be something entirely different, with the Australian Skills Quality Authority (ASQA) to get a new direction and a new Chief Commissioner.

The Joyce Review was announced in November 2018 in the shadow of the federal election that most expected the Coalition Government to lose. As a consequence many key stakeholders didn’t even tender a submission. The Independent Tertiary Education Council Australia (ITECA), with a more nuanced approach to policy advocacy and commitment to working with the government of the day, both made a submission to the enquiry and was extensively engaged throughout the Reviews’ consultation processes. The report from the Review was released alongside the budget and most expected it to disappear along with the Coalition Government at the election … except the government survived and with it a landmark roadmap that sets a positive direction for ASQA.

The Joyce Review made a number of valid criticisms concerning the work of ASQA. It noted the views put forward by ITECA about the high levels of disquiet about the way ASQA currently conducts its regulatory activity. The report observed that there is always some tension to be expected between ASQA and Registered Training Organisations (RTOs), but that in the current environment these go beyond that sort of healthy tension. This wasn’t the first observation of this nature, it was also referenced by Professor Braithwaite in her review of the National Vocational Education and Training Regulator Act 2011 (Cth).

One of the key finding of the Joyce Review was that there is a concern held by RTOs as to whether ASQA will treat them fairly and reasonably during the audit process. This was attributed to, in part, a feeling that there is often little understanding of the approach ASQA will take when it comes time for their next audit. This was put down to the lack of information and guidance provided by ASQA. The Joyce Review noted concerns there was limited proactive engagement and guidance by ASQA and this left RTOs confused and worried about meeting requirements. Given that ASQA has made it clear that it does not see its role as providing additional guidance and education to RTOs on its auditing process and compliance, it’s hardly surprising.

The Australian Government is currently consulting with key stakeholders on adoption of recommendations arising from the Joyce Review. Further, the views of independent VET providers are also being sought. It’s an exciting time of reform for the sector.

A key recommendation arising from the Joyce Review was that ASQA should provide more information and guidance to RTOs as to how it conducts its regulatory activities in order to improve ongoing understanding of, and compliance with regulatory compliance. Naturally, ITECA backs this step that will reduce the cost and compliance burden placed on RTOs.

Another recommendation supported by ITECA was that the Australian Government should consider whether ASQA should be specifically resourced to provide broad education and guidance to the VET sector, and to engage more proactively and positively with providers to build trust and understanding between the regulator and the regulated.

The recommendations go further than that, suggesting that ASQA be required to publicly release all concluded audit reports to ensure all RTOs can be fully informed about the regulator’s activities. ITECA also supports this with the qualification that all commercially sensitive information not be published.

The Australian Government’s response to the Joyce Review has been positive. It’s stated publicly that reforms will ensure that training organisations are well placed to understand their requirements and that the regulator has the right tools and information to regulate them effectively. The reform agenda was embraced at the recent COAG Skills Council meeting.

It’s in this context that the Chief Commissioner of ASQA, Mr Mark Paterson AO, has decided the proposed shift in direction for ASQA provides an appropriate time for him to step down and pass responsibility for managing the next phase of ASQA’s evolution to others. ASQA Commissioner Saxon Rice will act in the role of Chief Commissioner as of 7 October 2019.

These reforms haven’t come about by accident. The advocacy of ITECA over many years, made possible thanks to the significant contribution of our members, have helped build the case for reform and shaped the recommendations. In the past six months, ITECA has been involved in more that fifty meetings with Ministers, their advisors, and senior public servants on matters associated with reform of ASQA. That we’re moving in the right direction shows what member-driven advocacy can achieve.

Troy Williams, ITECA Chief Executive