The Commissioners decided to:
i. 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.
- Set aside ASQA's decision to cancel the applicant's registration and in substitution decided:
- The Applicant's registration is not cancelled
- The Applicant's registration is amended under section 36(2)(d) of the NVR Act such that the following courses shall be removed:
- BSB300115 Certificate III in Business
- CPP20212 Certificate II in Security Operations
- CPP30411 Certificate III in Security Operations
- FSK20113 Certificate II in Skills for Work and Vocational Pathways
- SIT30616 Certificate III in Hospitality
- SIT50416 Diploma of Hospitality Management
- CPPSEC3002A Manage conflict through negotiation
- CPPSEC3003A Determine response to security risk situation
- CPPSEC3007A Maintain security of environment
- CPPSEC3013A Control persons using empty hand techniques
- CPPSEC3014A Control persons using baton
- CPPSEC3015A Restrain persons using handcuffs
- CPPSEC3018A Provide for the safety of persons at risk
- HLTAID004 Provide an emergency first aid response in an education and care setting.
Further, the Tribunal notes the parties have agreed to the following:
- ASQA imposes the following conditions on the RTO's registration under section 29(1) of the NVR Act:
- The RTO must engage a suitably qualified compliance consultant to prepare report on compliance with the Standards for Registered Training Organisations (RTOs) 2015 (Standards) within 12 months from the date of the Tribunal's orders. The report must include validation of each VET course on its scope of registration, including a selection of 10 completed (and marked) student assessments for each VET course on scope in accordance with the requirements of clauses 1.8, 1.9 and 1.11 of the Standards, and identify any recommendations and/or actions taken as a result of the validation and moderation findings. Evidence must be retained of all documents referred to in the report, and provided to ASQA on request.
- The RTO must not enter into any third party agreement for 12 months from the date of the Tribunal orders:
- For the recruitment of prospective learners; or
- For the conduct of training or assessment.
- Every three (3) months, the RTO must monitor all advertising, promotional and marketing material to ensure compliance with clause 4.1 of the Standards. A report must be prepared every six (6) months (and provided to ASQA upon request), documenting and identifying all sources reviewed and date of such review, and contain a signed statement from the RTO's Director that it complies with cluse 4.1, or otherwise an explanation why not and subsequent action taken.