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What Happens When An ECEC Qualification Is Revoked and An RTO Is Cancelled

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From: Aussie Childcare Network

What Happens When An ECEC Qualification Is Revoked and An RTO Is Cancelled

When a qualification is cancelled by the Australian Skills Quality Authority (ASQA), it sets off a chain of consequences for educators, employers, and the broader vocational education sector. Here's a breakdown of what happens. The following article provides information on What Triggers Cancellation?, Students Working With Cancelled Qualification. Notification Process, Consequences for Students, FAQs for Cancelled VET Qualifications and more. 

What Triggers Cancellation?

ASQA cancels qualifications when it finds that a Registered Training Organisation (RTO) issued them without proper training or assessment. This often follows investigations into:

  • Fraudulent Recognition of Prior Learning (RPL)
  • Inadequate supervision or placement
  • Unqualified assessors or fabricated assessments

Notification Process

  1. Notice of Intent (NOI)
    ASQA sends affected students a formal notice outlining the intention to cancel their qualification(s).

  2. Response Window
    Students typically have 7 days to respond with evidence proving they received valid training and assessment.

  3. Decision Notice
    If ASQA finds the evidence insufficient or receives no response, it issues a Notice of Cancellation. The qualification is then officially invalidated.

Can A Student Continue To Work If They Don't Return Their Qualification?

If a student’s qualification is officially cancelled by ASQA, they are legally required to return any certificates or statements of attainment issued by the deregistered RTO. Continuing to use or present a cancelled qualification—even if not physically returned—can lead to serious consequences:

Legal and Professional Risks

  • It is illegal to use a cancelled qualification for employment or licensing purposes.

  • ASQA may issue fines or take further action if the qualification is not returned.

  • Employers may be obligated to suspend or reassign staff whose qualifications are no longer valid.

Employment Implications

  • If the qualification is a mandatory requirement for the role (e.g., in childcare, aged care, or disability support), the student cannot legally continue working in that position once the cancellation takes effect.

  • Employers may choose to:

    • Increase supervision

    • Move the employee to a non-qualified role

    • Suspend the employee with pay during the review period

While the ASQA Process Is Underway

  • Students remain qualified until the cancellation decision takes effect.

  • During this time, they may continue working, but employers must manage risks appropriately.

FAQs for Cancelled VET Qualifications 

  • When will employers or the general public know if affected qualifications have been cancelled?

There are a number of steps in the process before ASQA makes any decision to cancel a qualification and the timing for any specific case will depend on a number of factors. ASQA and the Department of Employment and Workplace Relations (DEWR) work with relevant Commonwealth agencies, industry regulators, and state and territory governments to manage the impact on students, and on any workplaces affected.

  • Can ASQA tell me if someone has had their qualification cancelled? If not, why not?

For privacy reasons ASQA is not able to report on the outcome of individual cases to employers or the general public. ASQA will provide as much information as possible to state and territory governments and regulators to help any employers that are affected.

  • If someone has a cancelled qualification, have they committed fraud?

No, if a qualification is cancelled, it does not mean the student engaged in any fraudulent activity to obtain their VET qualification.

  • Can an employee be terminated if they were hired on the basis of a cancelled qualification?

This will likely depend on the nature of the employment, whether the qualification is a mandatory requirement of the role, and the terms of the person’s employment, which may be included in an award, enterprise agreement, or contract.

  • Do employers have to pay someone if they were employed under a false or fraudulent qualification?

An employee remains qualified until any cancellation decision by ASQA comes into effect. While the qualifications cancelled through this process may have been fraudulent, that does not mean the student who was awarded the qualification engaged in any fraudulent activity.

  • Do employers have to tell their clients that an employee was working without the required qualifications?

Employer obligations to disclose this information to clients will depend on the regulations governing their sector and the terms of any contract or agreement they hold with their clients. If employers do not have a legal obligation to disclose this information, there may still be an advantage in being transparent about the issue and how employers are managing it to address any concerns their clients may have.

Further Reading 

Unqualified and Unprepared Students Passing Qualifications
Over 10,000 Early Childhood Education and Care Qualifications Revoked
Fraudulent and Improper Qualifications In Childcare
Australian Skills Quality Authority Cancels Qualifications

Reference:
Cancelled VET qualifications – Frequently Asked Questions, Department Of Employment and Workplace Relations

Printed from AussieChildcareNetwork.com.au