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.
Following AAT review, the parties reached an agreement.
The Tribunal sets aside the decision and in substitution decides the applicant's registration under the NVR Act is not cancelled.
The Tribunal notes that:
- The Applicant agrees to the imposition of the following conditions on its registration by ASQA under s 29 of the NVR Act:
- The Applicant must ensure that Training and Assessment Strategies for all courses are maintained to reflect current practice. For the period of registration, the Applicant must retain superseded versions of Training and Assessment Strategies for each course currently on the Applicant's scope of registration, and any training product(s) added to the Applicant's scope.
- The Applicant is to notify the Respondent in writing no later than 14 days before the date the Applicant commences delivery of training at 301 Foleys Road Deer Park (Deer Park campus) or such shorter period as the circumstances may permit but no shorter than seven days.
- Once training and assessment has commenced at the Deer Park campus, and for a period of 12 months from that date, the Applicant must retain, and provide copies to ASQA within seven days of request, the current timetables and class attendance rolls for all VET courses delivered at the campus. Attendance records must:
- contain the names of all students scheduled to attend the class;
- be signed by each student present at the commencement of the class, or, if a student arrives late to the class, their time of arrival at the class;
- be signed by each student who is present at the end of each class, or, if a student leaves class early, the time which they leave the class;
- be signed by each trainer or assessor who provides training or assessment in the class.
- The Applicant must have conducted a thorough review of the qualifications and employment history:
- of all trainers and/or assessors who have been engaged by the Applicant to train or assess in respect of Semester 1 2020 (Current Trainers) – by 30 June 2020; and
- of all other trainers and/or assessors who have been engaged by the Applicant in the last 12 months (Other Trainers) - by 31 August 2020.
- The Applicant shall prepare and submit to ASQA, by 30 June 2020 in the case of Current Trainers, and by 31 August 2020 in respect of Other Trainers, a report for each trainer/assessor in which the Applicant provides evidence of the processes undertaken to verify, and authenticate, the qualifications and employment history of each trainer/assessor.
- Where the Applicant determines that a trainer/assessor's qualifications are not authentic, and/or employment history is not verified, the Applicant must submit to ASQA, by 30 June 2020 in the case of Current Trainers, and by 31 August 2020 in respect of Other Trainers, a report detailing the remedial action that has been, or will be, undertaken, to identify and address any adverse impact of the non-compliances had on the training and assessment of the trainer/assessor's students, past and current, and how the non-compliances will be addressed for future students.
- The Applicant must retain for the duration of its registration, for each trainer/assessor, a file containing a letter of engagement and/or contract of employment specifying the trainer/assessor's start date, and including the trainer/assessor's duties with regard to the course(s) for which training is to be delivered, and assessment to be conducted. Each file must also include a matrix which maps the trainer/assessor's qualifications and experience to the unit(s) to be delivered and assessed by the trainer/assessor. The Applicant must include, in each file, evidence of the processes undertaken to verify, and authenticate, the qualifications and employment history of that trainer/assessor.
- The Applicant must, by 26 October 2021, by engaging the services of an external reviewer who meets the qualification requirements for auditors as specified in the Standards for VET Regulators 2015, conduct a compliance audit of the organisation against all clauses of the Standards for Registered Training Organisations 2015 and standards of the National Code of Practice for Providers of Education and Training to Overseas Students 2018. The Applicant must retain evidence of the audit activities undertaken, and of implementation of remedial action taken to address any non-compliances, and the impact of the non-compliances on students.
- The Applicant must undertake validation activities, ensuring such activities are conducted in accordance with clauses 1.9, 1.10, and 1.11 of the Standards for Registered Training Organisations 2015, and with the advice provided in the ASQA Fact Sheet: Conducting validation. The Applicant must, for the period of registration, retain records of validation activities, including reports and evidence of implementation of any recommendations arising from those activities.
- The Applicant must securely retain all completed assessment items for each student for a period of twelve months from the date on which the judgement of competence for the student was made. Additionally, where assessment is conducted via Recognition of Prior Learning (RPL), all evidence used to inform assessment judgements must be retained for the period of the Applicant's registration.
- The condition at 1(a) does not apply to Training and Assessment Strategies (or versions of them) that ceased to be current on or before 27 April 2020, and were disposed of by the Applicant in the then ordinary course of its business.