The Commissioner Regulatory Operations decided to:
- suspend, under the NVR Act s 36(2)(e) and s 38:
- all of the RTO's scope of registration; and
- during the period of suspension require, under the NVR Act s 38(2) the RTO not to:
- enrol a student in a suspended VET course or part of a suspended VET course;
- allow a student to begin a suspended VET course or part of a suspended VET course;
- publish or broadcast an advertisement relating to a suspended VET course or part of a suspended VET course;
- cause to be published or broadcast an advertisement relating to a suspended VET course or any part of a suspended VET course
Following AAT review, the parties reached an agreement as to the terms of a decision of the Tribunal.
The tribunal decided that:
- the decision under section 36(2)(e) and section 38 of the NVR Act, to suspend all of the applicant's scope of registration, is set aside
- in substitution, the Applicant's registration is no longer suspended
- the follow condition is imposed on the applicant's registration under s 29 of the NVR Act:
- For the entire period of its current registration, HBA Learning Pty Ltd, must securely retain, and provide to ASQA on request, copies of all completed student assessment items for each student (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 two years from the date on which the judgement of competence for each relevant unit of competency is made.