Form: Fit and Proper Person Declaration Policy: Fit and Proper Person Requirements Policy
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 Clause 7.1 and Schedule 3 of the Standards for Registered Training Organisations (RTOs) 2015.
This means that anyone who takes part in the management of the RTO or is partly responsible for the management or decision making of the RTO, has an ongoing role related to regulatory compliance, represents the RTO at audit, or recruits’ students on behalf of the RTO is required to complete a Fit and Proper Person Declaration (Declaration) to TAC to demonstrate they satisfy the FPPR.
Organisations are required to submit a Declaration when:
- applying for initial registration; or
- applying for renewal of registration; or
- employing a new executive officer/s, legally responsible officer, high managerial agent/s, owner/s or person/s of control or influence; or
- when requested by the Council.
Fit and Proper Person Policy
Following the early changes to the Standards for Registered Training Organisations (RTOs) 2015 implemented on 1 March 2024, the Training Accreditation Council (the Council) has endorsed a new Fit and Proper Person Requirements (FPPR) Policy. The policy assists RTOs and the Council in ensuring compliance with the FPPR outlined in Clause 7.1 and Schedule 3 of the Standards.
The Policy outlines key stages in the Council's management of FPPR and clarifies the steps in assessing Fit and Proper Person Declarations (Declarations), including:
- Submission: Organisations applying for initial registration, renewal of registration, or employing new people in managerial roles must submit declarations. National Police Clearances are required for individuals identified in initial registration applications.
- Initial Review: The declarations and other relevant factors are reviewed to determine if individuals meet the FPPR. If required TAC may seek additional information from the RTO.
- Further Information: If concerns arise during the review, the RTO has the opportunity to respond.
- Council Decision: The Council makes the final decision based on all the information available, including the RTO's response (if applicable).
The Fit and Proper Person Requirements webinar is available and covers the steps involved in TAC assessing Fit and Proper Person Declarations, who needs to submit a declaration, and ongoing compliance with 7.1.
Continued Compliance
To remain compliant with Clause 7.1, RTOs must have a system in place to ensure those in managerial roles continually meet the FPPR, including when the RTO is appointing an individual to the relevant position. Any changes in management personnel must be reported to TAC with a completed Declaration form.
Early Changes to the Standards
On 1 March 2024 the early changes to the Standards for RTOs were implemented. These changes included an amendment to the Fit and Proper Person Requirements (FPPR) which
enables 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 are considered by TAC in assessing whether a person is fit and proper, to include 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.
For more information on the early changes to the Standards, 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
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
