A new TAC Fit and Proper Person Declaration (the Declaration) is available and all Declarations made on or after 18 September 2023 must use the new form:
Form: Fit and Proper Person Declaration
Fit and Proper Person Requirements
On 25th August 2023, all Skills Ministers agreed to amend the Fit and Proper Person Requirements (FPPR) for Registered Training Organisations (RTOs) as a key step towards strengthening integrity in the VET sector.
The amendments will enable TAC to increase its scrutiny of persons and organisations seeking to become an RTO, renewing registration or maintaining registration as an RTO.
The key changes to the FPPR include:
- expanding the range of matters that can be considered by TAC in assessing whether a person is fit and proper, to include matters such as criminal history, financial solvency, and disciplinary action taken by other regulators; and
- extending the FPPR to apply to all persons who exercise a degree of control or influence over the management or direction of an RTO, not just CEOs and high managerial agents.
The new FPPR Instrument is now in effect and can be accessed via the Standards for Registered Training Organisations (RTOs) 2015 (Standards for RTOs).
For more information, please see:
- media releases on the Commonwealth Government's Department of Employment and Workplace Relations webpages:
- TAC Special Bulletin Changes to the Fit and Proper Person Requirements
TAC Fit and Proper Person Declaration
Anyone who manages an RTO including Executive Officers, High Managerial Agents, Legally Responsible Officers, Owners, or Persons of Control and Influence must satisfy Fit and Proper Person Requirements (FPPR) as outlined in Schedule 3 of the Standards for RTOs and the Vocational Education and Training (General) Regulations 2009.
Meeting the FPPR is a requirement for registration with TAC.
You must make a ‘Fit and Proper Person Declaration’ when the organisation:
- applies for initial registration; or
- applies for renewal of registration; or
- employs a new executive officer/s, legally responsible officer, high managerial agent/s, owner/s or person/s of control or influence.
When assessing whether a person meets the FPPR TAC may consider any matters relevant to the fitness and propriety of a person associated with the organisation. TAC will notify the organisation in writing if additional Declarations from other people associated with the organisation are required.
This Declaration addresses the matters specified in Schedule 3 (Standards for Registered Training Organisations Amendment (Fit and Proper Person) Instrument 2023) of the Standards for RTOs and the persons to whom they will be applied.
When assessing whether the organisation and key personnel meet the FPPR, TAC may:
- conduct inquiries into any statement made in this Declaration; and
- conduct enquiries into any other matter it considers appropriate in relation to the fitness and propriety of the organisation and relevant individuals associated with the organisation.
If TAC is not satisfied that an organisation or relevant person associated with it meets the FPPR, TAC may:
- suspend or cancel the organisation’s RTO registration; or
- refuse to register an organisation’s initial registration application.
Should the Council find that the organisations or relevant persons do not meet the FPPR requirements, the organisations or relevant persons will be notified of the Council’s findings and proposed actions, and be provided with an opportunity to submit a response.
