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.
On 5 June 2020, following AAT review, the parties reached an agreement.
The Tribunal set aside the cancellation decision and in subsitution decided that the applicant's registration is not cancelled.
The Tribunal notes that:
- the Applicant agrees to ASQA imposing the following conditions under section 29 of the NVR Act:
- For the period of its current registration, the Applicant must securely retain and present to ASQA on request, all completed student enrolment and assessment records for all VET students for all VET courses for two (2) years from the date the student is deemed competent.
- the Applicant must not enrol more than:
- 60 students in qualifications on its scope of registration in the six (6) months following imposition of this condition; and
- 120 students in qualifications on its scope of registration in the twelve (12) months following imposition of this condition.
- The Applicant agrees to ASQA giving a written direction under section 35A of the NVR Act, requiring the Applicant to:
- Rectify the breach of section 22 of the NVR Act by addressing each non-compliance identified in the Evidence Analysis provided by ASQA to the Applicant on 27 May 2020, within eight (8) weeks of the written direction being given; and
- Retain evidence that the written direction has been complied with for examination at a future regulatory activity.
- The Applicant agrees to ASQA amending, under s 36(2)(d) of the NVR Act, the Applicant's scope of registration to remove:
- BSB42615 Certificate IV in New Small Business
- BSB42618 Certificate IV in New Small Business.
Note: The decision came into effect on 30 July 2019.