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Legal Framework

​​The VRQA operates within a legal framework made up of legislation, ministerial directions and delegations and the Australian Quality Training Framework. The VRQA also operates consistent with a number of memoranda of understanding it has entered into with other agencies.

Legislation

The VRQA was established under Chapter 4 of the Education and Training Reform Act 2006. The VRQA's responsibilities are outlined in Chapter 4 and Part 5.5 of the Education and Training Reform Act 2006 and the accompanying Education and Training Reform Regulations 2017.

The VRQA approves education and training providers’ student welfare and dispute resolution schemes under the Education and Training Reform Amendment (Dispute Resolution and Student Welfare Scheme) Regulations 2013.

Under the Education Services for Overseas Students (ESOS) Act 2000, the VRQA is an approving authority for certain types of providers intending to deliver courses to overseas students in Victoria.

Ministerial directions and delegations

From time to time, Ministers issue directions to the VRQA and delegate powers to the Chief Executive Officer (Director), VRQA. Directions and delegations currently in force concern:

Child Safe Standards - Managing the risk of child abuse in schools (Ministerial Order No 870, Minister for Education,18 December 2015)

Standards for Registered Training organisations (Direction – Minister for Training and Skills, 19 November 2015 (pdf - 2.13mb))

Standing applications to amend an RTO’s scope of registration (Direction – Minister for Higher Education and Skills, 18 August 2014 (pdf - 484.49kb))

Complaint handling and dispute resolution (Delegation - Minister for Education, 7 January 2014 (pdf - 133.07kb))

Sharing of information and documents (Direction - Minister for Higher Education and Skills and Minister responsible for the Teaching Profession, 3 September 2012 (pdf - 1.02mb))

Granting exemptions to the principal purpose requirement for RTOs (Delegation- Minister for Higher Education and Skills and Minister responsible for the Teaching Profession, 13 January 2012  (pdf - 1.41mb))

Collection of Annual Reports to the school community (Delegation – Minister for Education, 1 June 2011 (pdf - 66.27kb))

Government response to child protection report (Letter of Instruction - Minister for Skills and Workforce Participation, 13 January 2010 (pdf - 90.66kb))

RTO financial health (Direction - Minister for Skills and Workforce Participation, 5 December 2009 (pdf - 133.98kb))

Publication of government school performance summaries (Direction - Minister for Education, 10 November 2009 (pdf - 83.84kb))

Standards for Registered Training organisations (replaced by  2015 Standards for Registered Training organisations) (Direction - Minister for Skills and Workforce Participation, 12 September 2009 (pdf - 170.56kb))

Government school closure (Direction - Minister for Education, 31 July 2007 (pdf - 85.23kb)).

Memoranda of Understanding

The VRQA has entered into a number of memoranda of understanding with other agencies involved in the sectors that the VRQA regulates. Details of these memoranda are published below:

Fair Work Ombudsman, Information sharing to facilitate the effective regulation of apprenticeships and traineeships in Victoria and to protect and enforce the rights of workers and employers under Commonwealth workplace relations law (pdf - 331.44kb), 14 July 2017.

Victorian Skills Commission (VSC), to formalise information sharing arrangements and procedures between the VRQA and VSC (pdf - 2.27mb),17 March 2017.

Department of Education and Training (DET), Memorandum of Understanding (MoU) between the Victorian Registration and Qualifications Authority and the State of Victoria, as represented by the Department of Education and Training (pdf - 12.72mb), September 2016. The MoU covers arrangements for government schools’ compliance with prescribed minimum standards, and the services and resources to be provided to the VRQA by DET.

Victorian Curriculum and Assessment Authority (VCAA), Framework for complementary responsibilities in respect of Victorian accredited senior secondary courses and registered senior secondary qualifications (pdf - 2.76mb),15 June 2016.

Australian Curriculum, Assessment and Reporting Authority (ACARA), Licensing Acara data (pdf - 2.31mb) and Provision of VRQA data (pdf - 1.19mb), 24 December 2015.

Department of Education (Canberra), A cooperative and mutually supportive approach to facilitate the effective regulation and administration of apprenticeships and traineeships in Victoria (pdf - 1.14mb), 8 October 2015.

Victorian WorkCover Authority to detail agreed arrangements and procedures between the Victorian Workcover Authority and the VRQA (pdf - 5.62mb), September 2015.

Victorian Institute of Teaching, to establish a working relationship between the two organisations and to guide collaboration, coordination and mutual assistance in respect of each organisation’s functions (pdf - 3.01mb), 29 December 2014.

Australian Council for Private Education and Training (ACPET), to establish a working relationship between the VRQA and the Australian Council for Private Education and Training (ACPET) and to guide collaboration, and mutual assistance between the organisations (pdf - 2.2mb), 30 October 2014.

Catholic Education Commission of Victoria, Reporting on the compliance by Victorian Catholic schools with the prescribed minimum standards for the registration of schools and the registration to provide an accredited senior secondary course and managing the registration of Victorian Catholic schools (pdf - 13.16mb), 28 August 2013.

Australian Skills Quality Authority and Western Australian Training Accreditation Council, Collaborative regulation of vocational education and training (pdf - 1.81mb), 24 October 2012.   

Department of Education and Training (Formerly Department of Education and Early Childhood Development), Data transfer between VRQA State Register and DET​ Entity Register (pdf - 462.17kb), 22 April 2009. 

The Australian Quality Training Framework (AQTF)

The Australian Quality Training Framework (AQTF) is the national set of standards which ensures that the training and assessment services offered to users of Australia’s vocational education and training system are nationally consistent and of a high quality. The AQTF was established in 2001 for implementation in 2002.
Components of the AQTF include:

  • AQTF Essential Conditions and Standards for Initial Registration
  • AQTF Essential Conditions and Standards for Continuing Registration
  • AQTF Standard for State and Territory Course Accrediting Bodies.