Enforcement of trade apprenticeships for Registered Training Organisations (RTOs)

Background

The South Australian Skills Commission (the Commission) has identified a growing reliance on institution-based trade training that does not result in a recognised trade certificate issued by the Commission for learners. Beyond the potential breaches of Section 45A of the South Australian Skills Act 2008 (the Act), this practice poses unacceptable risks to safety, quality, and the integrity of declared trades across South Australia.

Enforcement of the Act will ensure individuals enter the workforce from the commencement of their training through the proven ‘earn and learn’ apprenticeship pathway.

SA Skills Act

What are the penalties?

The Commission recognises the complexities involved in the administration of international students who are impacted by the enforcement of Section 45A. Due to impacted RTOs’ reliance on Commonwealth-facilitated visa issuance processes, including the need for training providers to issue Student Confirmation of Enrolment (CoE) documentation to enable the Commonwealth’s granting of the Subclass 500 Student Visa, a managed transition process will be adopted by the Commission.

Registered Training Organisations (RTOs) that continue to offer institutional training program enrolments aligned with a declared trade from 31 January 2026 (domestic) and from 1 July 2026 (international) will be subject to enforcement action.

This includes issuance of expiation notices of $315 per non-compliant enrolment for minor or first-time breaches, and referral to the Magistrates Court for serious or continued breaches, with the potential for penalties of up to $5,000.

This penalty will be determined by factors including:

  • Ongoing breach of the legislation
  • Number of affected learners
  • Continuous enrolments in a qualification aligned to a trade that is delivered outside a training contract.

Communication will be made directly between the Commission and the RTO.

Are there other compliance requirements?

As part of the transitional arrangements, Registered Training Organisations (RTOs) must provide monthly records of identification and registration for all students undertaking an apprenticeship pathway outside of a training contract in South Australia. This mandated registration process applies to both fee-for-service domestic and international students.

Failure to comply with the mandated registration process will result in full enforcement action from 31 January 2026.

Please refer to the Frequently Asked Questions (FAQs) for RTOs for details on the actions required.

Download FAQ

What happens to students impacted?

This depends on the learner’s desired pathway. If an individual has already completed the training, they may be eligible to apply to the Commission for a skills assessment under the Occupational Recognition Service. Where students meet the required standards, the Commission will issue an Occupational Certificate, which is recognised by industry.

If their training is still ongoing:

  • international students can finish their training and then apply for their skills to be assessed by the Commission to potentially secure an Occupational Certificate. If all criteria can be met, this may improve their employability, pending visa conditions.
  • domestic learners are encouraged to transition to a formal apprenticeship program if their desired outcome is to acquire a trade certificate. Learners can talk to their RTO about entering into a training contract and whether there are subsidies to reduce the cost of the course.
International VET students

Options for international students studying a vocational education and training (VET) trade qualification.

Learn more

Occupational Recognition Service

Find out who is eligible to apply for a skills assessment through Occupational Recognition Service (ORS).

Learn more

Next steps for RTOs


  • Find out more about subsidies under an apprenticeship

    Find out more about subsidies under an apprenticeship

    Skills SA manages the Subsidised Training List (STL), which outlines courses funded by the South Australian Government.

  • Need to make changes to your scope

    Need to make changes to your scope

    RTOs can contact the Australian Skills Quality Authority (ASQA) regarding any changes to scope.

Find out more about subsidies under an apprenticeship

Find out more about subsidies under an apprenticeship

Skills SA manages the Subsidised Training List (STL), which outlines courses funded by the South Australian Government.

Need to make changes to your scope

Need to make changes to your scope

RTOs can contact the Australian Skills Quality Authority (ASQA) regarding any changes to scope.