The Commissioners decided to:
- Suspend, under s 36(2)(e) and s 38 of the NVR Act, the following parts of Hibernia Institute Pty Ltd scope of registration:
- ICT50415 Diploma of Information Technology Networking
- ICT50418 Diploma of Information Technology Networking
- BSB40515 Certificate IV in Business Administration
- BSB50215 Diploma of Business
- BSB51915 Diploma of Leadership and Management
- BSB51918 Diploma of Leadership and Management
- BSB61015 Advanced Diploma of Leadership and Management, and:
- any new training product that would be automatically added to the scope of registration because it is equivalent to one which appears above.
During the period of suspension require, under the NVR Act s 38(2), Hibernia Institute Pty Ltd not to:
- enrol a student in a suspended VET course or part of a suspended VET course
- allow a VET 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 any 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
with effect 35 calendar days from the date Hibernia Institute Pty Ltd is given notice of the decision.
Following AAT reivew, the parties reached an agreement.
The Tribunal decided that the decision is set aside and in substitution the following conditions are imposed, under s 29(1) of the NVR Act, on the RTO's registration for a period of 12 months:
- the Applicant must securely retain copies of completed student files, including copies of all completed assessments and the master assessment tools, for a period of 12 months from the date a judgement of competency was made.
- the Applicant must not apply to add new courses to its scope of registration until the conduct of a future compliance monitoring audit by the Respondent, or in no less than 12 months;
- on or before 1 October 2020, the Applicant must complete a validation process of 20% of the units of competency it delivers across all courses on scope, per clauses 1.9 to 1.11 of the Standards for Registered Training Organisations (RTOs) 2015 ('the Standards'). The validation process must engage a suitably qualified independent validator, to sample at least three (3) completed student files from each unit so validated to assess compliance with clause 1.8 of the Standards. A validation report must be completed and presented to the Respondent on request and set out findings and any recommendations in light of the findings. Primary evidence of any documents referred to in the validation report must also be retained and presented to the Respondent on request;
- on or before 1 February 2021, the Applicant must prepare a report after the above validation process is complete, outlining the steps taken to implement any recommendations from the validation report. Primary evidence of any documents referred to in this further report must also be retained, and presented to the Respondent on request;
- on or before 1 April 2021, the Applicant must conduct an internal audit, with the assistance of an independent and suitably qualified consultant, to assess its compliance with the Standards and National Code 2018, with a particular focus on:
- Enrolment practices;
- Course progress and attendance;
- Governance and management; and
- Training and Assessment practices;
- An internal audit report must be prepared, and present to ASQA on request on or before 1 May 2021. Primary evidence of any document referred to or relied upon must also be retained and presented to ASQA on request;
Once the provider has satisfied or otherwise completed the actions required in the above conditions, the conditions encompassed in these orders shall be removed by ASQA.