The Commissioners decided to:
- Cancel, under the NVR Act s 36(2)(f) and s 39, the RTO’s registration
with effect 35 calendar days after the date the RTO is given written notice of the decision.
The decision has been set aside by the AAT and the Tribunal notes that the provider agrees that ASQA will impose, under section 29 of the NVR Act, the following conditions on the provider's registration:
- the RTO must securely retain, and provide to ASQA on request, copies of all completed student assessment items for each student for all qualifications on its scope of registration (per the definition in ASQA's General Direction - Retention requirements for completed student assessment items, and clearly identifiable as to which student and unit/s each item relates to) and copies of the master assessment tools used for each assessment, for a period of 2 years from the date on which the judgement of competence for each relevant unit of competency is made;
- the RTO must retain and present to ASQA on request all pre-enrolment and enrolment records for a period of twelve (12) months;
- for a period of 2 years commencing on the date of written notice of the condition, every 12 months the RTO must create and store the following information, including a detailed description of:
- how the RTO ensures its operations are quality assured as required by clause 2.1 of the Standards for RTOs, including by detailing, its systems and processes and the implementation of those systems and processes to ensure it complies with each clause of the Standards for RTOs at all times; and
- the progress of any compliance monitoring or quality assurance activity it has undertaken in relation to ensuring compliance with each clause of the Standards for RTOs in the preceding 12 months and that it has scheduled in the 12 months; and
- annex copies of any documents created, used or relied upon to monitor and/or ensure compliance and quality as referred to in that description.