The Australian Skills Quality Authority ('ASQA') oversees the Vocational Education and Training ('VET') sector. They ensure students gain the skills they need for employment. ASQA does this by:
- Accrediting VET courses that meet national standards.
- Ensuring education providers are registered and comply with these standards.
What types of complaints can you make?
RTOs and ESOS must follow the VET Quality Framework. You can complain to ASQA if they haven't met these standards:
- Certification and Registration: Provider not registered or offering uncertified courses.
- Training, Assessment, and Study Support: Lack of support services, unqualified trainers, unsafe facilities, or unfair assessments.
- Certification on Completion: Not receiving a certificate within 30 days after course completion and fee payment.
- Misleading Course Information and Marketing: Incorrect details about course name, duration, location, delivery mode, work placements, or fees.
- Complaints and Appeals: Provider lacks a clear complaints or appeals policy.
- Training Provider Closure: Provider closes without providing student records or arranging course transfers/refunds.
Jurisdiction:
ASQA handles complaints about RTOs regardless of location.
Time Limitations:
Complaints can be made to ASQA at any time.
ASQA cannot resolve individual disputes such as:
- Fee disputes.
- Admission or enrolment cancellation decisions.
- Grades or marks awarded.
- Issues with online courses from overseas providers.
- Visa and fee issues for international students.
- General business operations like bullying or staff misconduct.
Exercise of Discretion:
ASQA assesses complaints to determine if an RTO is failing its registration obligations and may decide not to act on certain complaints.
Who can you make a complaint against?
You can make a complaint against:
- RTO (Registered Training Organisation): Any RTO. You can check if an education provider is an RTO by searching the national register, which you can find here.
- ESOS (Education Service for Overseas Students): Only if they offer VET (Vocational Education and Training) courses. You can check if an education provider is an ESOS by searching the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS), which you can find here.
What complaints ASQA Cannot Handle:
- ESOS Delivering ELICOS: English Language courses as part of a pathway to higher education.
- RTOs in Vic and WA: Unless they offer courses in ACT, NSW, NT, QLD, SA, TAS, or to overseas students on a student visa.
Additional Information :
- ASQA's Role: Cannot resolve individual complaints but can review if an RTO meets registration terms.
- State Regulators: If studying online or in a different state from your provider, you may need to contact the state regulator where the provider is based.
Are you eligible to make a complaint?
Who can make a complaint?
Anyone can make a complaint to ASQA, including current and former students, teachers, and staff of an RTO.
Before you lodge a complaint:
- Internal Complaints Process: Before complaining to ASQA, you should first use the RTO’s internal complaints process. All RTOs must have processes for internal and external reviews.
- Exception: If the complaint is about a training provider not being registered, you can complain directly to ASQA.
Can I make a complaint on someone's behalf?
If you can't make the complaint yourself, someone you trust can make it for you.
Additional Information:
The focus of ASQA’s work is to ensure RTOs comply with their registration obligations, it does not resolve complaints between individuals and an RTO.
What can this body do to help?
If ASQA becomes aware of an RTO not complying with the terms of its registration, it can take various regulatory actions to address the breach:
- Education and Encouragement
- Low Risk, No History of Non-compliance: ASQA may bring the breach to the RTO’s attention to educate and encourage compliance.
- Directing Compliance
- Agreement to Rectify: ASQA may invite the RTO to propose a plan to achieve compliance within a reasonable timeframe.
- Warning Letter: ASQA may issue a letter identifying the non-compliance, creating a record for future reference.
- Written Direction to Rectify: ASQA provides specific instructions for rectifying the breach, requiring the RTO to show evidence of compliance.
- Conditions on Registration: ASQA may impose conditions, such as limiting enrolments or maintaining records of student assessments.
- Enforceable Undertakings: An RTO may agree to fix the breach, enforceable by court if not fulfilled.
- Sanctions
- Written Directions to Notify Students: ASQA may require the RTO to inform students about the issue and its impact.
- Infringement Notice: ASQA may impose a financial penalty for the breach.
- Suspension: ASQA may suspend the RTO, preventing new student enrolments until compliance is achieved.
- Varying the Registration Period: ASQA may shorten the registration period, requiring more frequent reassessment.
- Cancellation of Registration: ASQA can cancel the RTO’s registration entirely or partially, stopping the delivery of training.
- Court Action
- Injunctions: ASQA may seek a court order to prevent or require certain actions by the RTO.
- Civil Penalties: ASQA may take court action to enforce fines or infringement notices.
- Criminal Proceedings: ASQA may refer cases to the Commonwealth Director of Public Prosecutions for criminal prosecution, such as misleading marketing or false statements of attainment.
Additional Information:
- No Notification of Actions: You will not be informed of any actions ASQA takes based on your complaint.
- Focus on Compliance: ASQA's regulatory actions address non-compliance by an RTO, not resolving individual complaints.
How to prepare your complaint
Complaints can be made in writing or over the phone.
Your complaint should include:
- Personal Details:
- Full name
- Address
- Phone number
- Identify if you are over 18 or an international student.
- If lodging on someone’s behalf, include their name, relationship, and whether they are over 18 or an international student.
- Respondent’s Details:
- Name of the RTO
- RTO code
- Website details
- Relevant Facts:
- Overview of your complaint with as much detail as possible.
- Include details of the course, study location, start date, payment method (e.g., VET Student Loan, state subsidy, upfront payment, or payment plan).
- What the RTO did or did not do that you believe is wrong.
- Any other agencies you have contacted about the problem.
- Be accurate with dates, times, and names of anyone involved.
- Include supporting documentation (e.g., misleading marketing material, email exchanges).
- Additional Information:
- ASQA may share your complaint with relevant groups or individuals.
- Your personal information will only be disclosed with your consent or in accordance with the Privacy Act.
Lodging your complaint and next steps:
Lodge your complaint here:
- Online: ASQA Connect (create an account to lodge your complaint)
- National Training Complaints Hotline (NTCH):
- Online: NTCH Complaints Form
- Email: NTCH@dewr.gov.au
- Phone: 13 38 73
NTCH reviews your complaint and forwards it to the appropriate body, possibly ASQA.
Assessment of Complaints:
- ASQA reviews complaint information to determine if there are non-compliance issues.
- ASQA decides what action, if any, to take.
- ASQA may contact you for more information if needed.
- ASQA is unlikely to inform you about any actions taken based on your complaint.
More information:
Refer to the factsheet provided below for more information.
