22316

Following AAT review, the parties reached an agreement as to the terms of a decision of the Tribunal.

The Tribunal decides that:

1. the decision is set aside and in substitution decides not to cancel the Applicant’s registration as an RTO under s39 of the NVR Act.

The Tribunal notes that:

1. The Applicant agrees to the Respondent imposing, under section 29 of the NVR Act, the following conditions on the Applicant's registration:
   •  The Applicant must retain and present to ASQA on request any completed pre-enrolment, enrolment, support and progression or training assessment records, for all VET students for all VET courses for a period of two years from the date on which the student ceases to be a student.
   • For a period of two years, for all summative assessment for all its courses, the Applicant must engage a suitably qualified independent person (who has vocational currency in the training product being validated and the training and assessment qualification or assessor skill set at least to the level being validated) to observe and report on the conduct and adequacy of the assessment conducted to ensure it complies with the Standards for Registered Training Organisations (RTOs) 2015.
2. The Applicant agrees to the Respondent giving, under section 35A of the NVR Act, a written direction requiring the Applicant to:
   • Rectify the breach of section 22 of the NVR Act by addressing each non-compliance identified in the Evidence Analyses provided by the Respondent to the Applicant on 13 November 2019 within 20 working days of receiving the written direction; and
   • Retain evidence that the written direction has been complied with for examination at a future regulatory activity.