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.
Following AAT review, the parties reached an agreement.
- set aside ASQA's decision ; and in substitution decides that the Applicant's registration is not cancelled.
The parties also agreed to the following:
- ASQA imposes the following conditions on FTA's registration under section 29 of the NVR Act:
- FTA must securely retain, and provide to ASQA within fourteen (14) days 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 copies of the master assessment tools used for each assessment, for a period of eighteen (18) months from the date on which the judgement of competence for each relevant unit of competency is made.
- FTA agrees to validate 20%, of completed and marked student assessment files with the assistance of an independent validator**, to determine whether assessment is conducted in accordance with clause 1.8 of the Standards. FTA must prepare a report on the process, outcomes, and action taken as a result of the validation process. FTA must retain, and provide to ASQA upon request, a copy of the validation report and all primary evidence referred to in the report by 20 August 2021, in accordance with clauses 1.9-1.11 of the Standards for Registered Training Organisations (RTOs) 2015 (Standards).
* Validation adopts the same meaning as contained in the Standards.
**Independent validator means a person who is not employed or subcontracted by the RTO (FTA) to provide training and assessment; and otherwise has no involvement or interest in the operations of the RTO, but for the validation process.