Decision information


Date of decision
Decision type
Renewal rejection
Details of decision

The Commissioners decided to:

  1. Reject, under the NVR Act s 17, the application for renewal of registration as an RTO in full

with effect from 35 calendar days after notification.

Status of decision
Settled pursuant to terms of agreement at the AAT – decision set aside
Status of review
No review available
Review information

​Following AAT review, the parties reached an agreement.

The Tribunal decided to set aside the decision and in substitution:

  1. grant New England Institute of Technology Pty Ltd's application for renewal of registration as an RTO, under section 17 of the NVR Act for a period to expire on 16 October 2022;
  2. amend under section 36(2)(d) of the NVR Act, New England Institute of Technology Pty Ltd's scope to remove all training products other than the following:
    • AUR30616 Certificate III in Light Vehicle Mechanical Technology;
    • AUR40216 Certificate IV in Automotive Mechanical Diagnosis;
    • AUR50216 Diploma of Automotive Technology;
    • BSB51918 Diploma of Leadership and Management;
    • BSB61015 Advanced Diploma of Leadership and Management;
    • ICT30515 Certificate III in Telecommunications Technology;
    • SIT40516 Certificate IV in Commercial Cookery;
    • SIT50416 Diploma of Hospitality Management;
    • AUR40816 Certificate IV in Automotive Mechanical Overhauling;
    • AUR50216 Diploma of Automotive Technology;
    • CHC30113 Certificate III in Early Childhood Education and Care;
    • CHC50113 Diploma of Early Childhood Education and Care;
  3. impose the following conditions on New England Institute of Technology Pty Ltd registration under section 29 of the NVR Act for their entire registration period and including the period until the outcome of their renewal application is determined (including any review process):
    1. each of New England Institute of Technology Pty Ltd's directors as at 20 October 2020 (Current Directors) must cease to be directors/secretary of New England Institute of Technology Pty Ltd within 120 days of the commencement of this condition and must not be appointed director/secretary of New England Institute of Technology Pty Ltd during the period of this condition;
    2. from the date 120 days following the commencement of this condition the Current Directors must not take part in the management or operation of any training and assessment or regulatory compliance matters on behalf of New England Institute of Technology Pty Ltd other than to the extent required as a member of New England Institute of Technology Pty Ltd established executive management group and must not communicate or direct staff in relation to operation of New England Institute of Technology Pty Ltd outside of that role;
    3. New England Institute of Technology Pty Ltd number of enrolled, commenced and studying students from the date of commencement of this condition must not exceed:
      1. 40 students within 3 months of commencement of this condition;
      2. 120 students within 6 months of commencement of this condition;
      3. 200 students within 12 months of commencement of this condition;
      4. 350 students within 24 months of commencement of this condition.
    4. New England Institute of Technology Pty Ltd 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 (2) years from the date on which the student ceases to be a student;
    5. within 6 months of the commencement of this condition, New England Institute of Technology Pty Ltd must engage a suitably qualified independent person to conduct a review and produce a report of their compliance with the Standards for RTOs and the implementation of their amended training and assessment tools and practices
      1. the review must include observation of practical assessment of a sample of students and the report must be provided to ASQA on request;
    6. every 6 months New England Institute of Technology Pty Ltd must create, store and produce on request to ASQA, a report of the following information:
      1. how the RTO ensures its operations are quality assured as required by Standard 2 of the Standards for RTOs, including by detailing, its systems and processes and the implementation of those systems and processes to ensure it complies with each clause of the Standards for RTOs at all times; and
      2. the progress of any compliance monitoring or quality assurance activity it has undertaken in relation to ensuring compliance with each clause of the Standards for RTOs in the preceding 6 months and that it has scheduled in the next 6 months; and
      3. annexing copies of any documents created, used or relied upon to monitor and/or ensure compliance and quality as referred to in that report.