Skills Education

Fit and Proper Person Requirements

As part of the Australian VET Quality Framework, the Fit and Proper Person legislative instrument makes clear who must be considered by the National VET Regulator as suitable to own and operate a Registered Training Organisation (RTO).

In August 2023, an amendment was made to the Fit and Proper Person instrument bringing in more stringent requirements in an effort to strengthen the integrity of the VET sector.

Changes to the Fit and Proper Person Requirements (FPPRs) included (but were not limited to):

• Who is to be considered a ‘fit and proper person’
  • In the application of the FPPRs, the definition of ‘person’ includes a body politic or corporate as well as an individual
  • Extending the FPPRs beyond CEOs and high managerial agents to any person which exercises a degree of control or influence over the management or direction of the RTO
    
    
• Compliance with the law
  • Allowing the VET Regulator to consider any situation where an offence has been found to have been committed regardless of whether a conviction was recorded
    
    
• Management history
  • Past breaches of conditions of registration
  • Including allowing ASQA to consider outcomes of previous applications for RTO registration and renewal
    
    
• Financial record
  • Clarity on bankruptcy and insolvency considerations

In their April 2024 Update to the VET sector, ASQA published the following advice:

“...In addition, a key provision within the recent changes to the Fit and Proper Person Requirements includes that the requirements now extend beyond CEOs and high managerial agents to apply to any person who exercises a degree of control or influence over the management or direction of the RTO. 

On this basis, providers must consider this broader focus in their recruitment of key staff, including trainers and assessors, and have systems in place to ensure that all key staff remain ‘fit and proper’ at all times…”

This session does not aim to unpack the changes to the FPPRs, but rather, to provide discussion for RTO owners, managers and key personnel on:

• Strategic considerations for the changes to the FPPRs
• Practical implementation considerations
• Considerations for sustaining compliance  

For related information, see the:

• Fit and Proper Person Requirements in the Standards for Registered Training Organisations (RTOs) 2015

• April 2024 update from ASQA

• ASQA Fit and Proper Person Declaration

Other Details:

• Recorded - August 2024
• Duration - Approx. 60 mins
• Access - 30 days from date of purchase (*annual for PD Library Pass, Education Matters PRO and Elite subscribers)
• Trigger your certificate on completion

Past Feedback:

Here's what others who watched this session had to say:

• I like that the speaker gave time to respond not only to questions but also to participants' thoughts and opinions.
• Great perspective offering very helpful information and practical strategies
• Ian had great ability to put this topic into clear and understandable terms
• The best part was the the bigger picture thinking and how to link / apply to other aspects of RTO operations
• Got me thinking about expanding the scope of "fit and proper" within the organisation 
• Thank you for broadening the conversation around "fit and proper" requirements and look forward to discussing this further within our organisation :)

  
  

Offered to support the VET sector, this event was offered as complimentary registration for the live session. 

Recordings are only available to Education Matters subscribers or via later, paid registration.

Registrants who attended live were able to, on the day, trigger a Record of Participation. If you registered but did not attend live, and you are not an Education Matters subscriber, you will not be able to trigger a certificate without enrolling again as a paid registrant. This was communicated at time of initial registration.