Accountability Requirements

Requirement

15. Annual declaration on compliance

1.  A WA registered provider must submit an annual declaration on compliance with its obligations under the Act for each annual reporting period in which the provider is registered.
2. A WA registered provider’s annual reporting period is the period of 12 months that is specified by the Council as the provider’s annual reporting period.
3. An annual declaration on compliance submitted by a WA registered provider must be in the form approved by the Council as published on a website maintained by or on behalf of the Council.

Guidance

Requirement 15 of the 2025 Standards requires RTOs to provide TAC with an annual declaration on compliance.

The declaration is in relation to whether the RTO:

1. currently meets the requirements of the Standards across all its scope of registration and if not, action taken or planned to address the non-compliance; and
2. has met the requirements of the Standards for all Australian Qualifications Framework (AQF) certification documentation issued in the last financial year.

By submitting the annual declaration, the RTO's Legally Responsible Person is confirming that:

• the RTO systematically monitors and evaluates training and assessment strategies and practices; and
• uses the outcomes of monitoring and evaluation to inform improvements in business and educational practice.

Systematic evaluation should be based on evidence from a range of sources, including outcomes of validation, complaints and appeal processes, feedback from learners, clients, trainers and assessors and quality/performance indicator data collected under the Data Provision Requirements.

The annual declaration covers the RTO's entire scope of operations, including all services provided on its behalf by other organisations under third party arrangements, and for all locations where the RTO operates in Western Australia, Victoria or overseas.

Completing the Declaration

The Annual Declaration on Compliance for RTOs registered with TAC is due by 30 September for the previous financial year.

RTOs that do not submit an annual declaration by the due date may be deemed to be non-compliant with the Standards .

Additional Resources:

Website: RTO Reporting Requirements 

Related Standards

Outcome Standards

• Standard 4.1 - leadership and accountability
• Standard 4.4 - Continuous improvement

Requirements

1.  A WA registered provider must notify the Council of the occurrence of an event that would significantly affect the provider’s ability to comply with any of its obligations under the Act.
2. A notice under subsection (1) must be given within 10 business days after the event occurs.
3. A WA registered provider must notify the Council of:
   1. any prospective changes to the ownership of the provider as soon as practicable before the change takes effect; or
   2. any prospective or actual change in relation to a governing person of the provider:
      1. if the change cannot be determined until it takes effect – within 10 business days of the change taking effect; or
      2. otherwise – as soon as practicable before the change takes effect.
4. A notice under subsection (1) or (3) must be provided to the Council in writing or electronically.
5. After giving notice under subsection (1) or (3) a WA registered provider must provide any further information relating to the notice as soon as practicable, if requested by the Council.

Related Standards

Outcome Standards

• Standard 4.1 - leadership and accountability
• Standard 4.4 - Continuous improvement

Requirements

17. Third party arrangements

1.  A WA registered provider must ensure that where services are delivered by a third party on the provider’s behalf, the provision of the services is governed by a written agreement that:
   1. is entered into by the provider and third party as soon as reasonably practicable prior to the third party delivering any of the services set out in the agreement;
   2. requires the third party to cooperate with the Council where the Council conducts any inquiry under section 58D of the Act into the WA registered provider’s operations;
   3. requires the third party to provide accurate responses to requests for information from the Council relevant to the third party’s delivery of the services;
   4. prohibits the third party from:
      1. using the NRT logo;
      2. using the provider’s branding;
      3. issuing any AQF certification documentation; and
   5. contains the following particulars:
      1. the business or trading names of the parties to the agreement;
      2. the dates on which the agreement will commence and end;
      3. all the parties’ obligations concerning the delivery of the services; and
      4. an entitlement for the provider to regularly monitor the quality of the services being delivered by the third party.
2. A WA registered provider must notify the Council of any written agreement made pursuant to subsection (1) within:
   1. 30 calendar days of the agreement being entered into or prior to the obligations under the agreement taking effect, whichever occurs first; and
   2. 30 calendar days of the agreement ending

Additional Resources

Fact Sheet:

• Feedback, Complaints and Appeals

Related Standards

Outcome Standards

• Standard 1.8 - facilities, resources and equipment
• Standard 2.1 - information provided to learners
• Standard 2.8 - feedback, complaints and appeals
• Standard 4.1 - leadership and accountability
• Standard 4.2 - leadership and accountability
• Standard 4.4 - continuous improvement

Requirements

18. Prepaid Fee Protection Measures

1.  Where a WA registered provider or third party receives prepaid fees from or on behalf of an individual in excess of $1500 in relation to the same VET course (the threshold prepaid fee amount), the provider must:
   1. where the provider is a government entity or an Australian university – comply with the requirements set out in subsections (2) and (3); or
   2. where the provider is any other WA registered provider – implement one or more of the arrangements set out in subsection (4).

Requirements for government entities and Australian universities

2.  The WA registered provider must have a policy in place for circumstances where the provider is unable to provide the services to which the threshold prepaid fee amount relates (prepaid fee policy).
3. A WA registered provider’s prepaid fee policy must specify how an individual who has prepaid will:
   1. be placed into an equivalent course at a location suitable to the individual and receive all services for which the individual has prepaid at no additional cost to the individual; or
   2. be refunded the prepaid fees for services yet to be delivered which are in excess of the threshold prepaid fee amount.

Requirements for other WA registered providers

4.  The WA registered provider must implement one or more of the following arrangements:
   1. an unconditional financial guarantee from a bank operating in Australia, provided:
      1. at all times, the guarantee is at least equal to the total amount of prepaid fees held by the provider in excess of the threshold prepaid fee amount; and
      2. the costs of establishing and maintaining the guarantee are met by the provider.

Note: For example, where a WA registered provider receives prepaid fees of $2000 from three individuals (totalling $6000), the guarantee must be at least equal to $1500 (i.e. $500 multiplied by three).

2. a current membership with a tuition assurance scheme operator which, if the provider is unable to provide services for which the individual has prepaid, must ensure:
   1. the individual will be placed into an equivalent course at a location suitable to the individual and receive all services for which the individual has prepaid at no additional cost to the individual; or
   2. if an equivalent course cannot be found – the individual will be refunded the prepaid fees which are in excess of the threshold prepaid fee amount.
3. any other fee protection measure approved by the Council.

Related Standards

Outcome Standards

• Standard 2.1 - information provided to learners
• Standard 4.1 - leadership and accountability
• Standard 4.3 - risk management
• Standard 4.4 - continuous improvement

Requirement

19. Public Liability Insurance

A WA registered provider must hold public liability insurance that covers all the provider’s operations for the entire period in which the provider is registered under the Act. 

Related Standards

Outcome Standards

• Standard 4.1 - leadership and accountability
• Standard 4.3 - risk management
• Standard 4.4 - continuous improvement

Requirement

20. Compliance with laws 

 A WA registered provider must comply with all applicable Commonwealth, State and Territory laws, including, for example, by ensuring:

1. personal information is collected, used and disclosed by the provider in accordance with all applicable privacy laws; and
2. the provider complies with all applicable requirements under the Student Identifiers Act 2014 (Cth).

Note: There are a range of laws that may be applicable under this section. The examples provided in paragraphs (a) and (b) are for illustrative purposes.

Related Standards

• Standard 4.1 - leadership and accountability
• Standard 4.3 - risk management
• Standard 4.4 - continuous improvement