The Commissioners decided to:
- Reject, under the NVR Act s 17, the application for renewal of registration as an RTO in full
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.
On 5 May 2020, the Tribunal decided that:
- The decision to not renew the Applicant's registration as an NVR RTO under s 17 of the NVR Act is set aside and in substitution for the decision so set aside, the following decisions are made:
- The Applicant's RTO registration is renewed for a period of three (3) years from the date of these orders under s 17 of the NVR Act.
- The following twelve (12) VET courses are removed from the Applicant's RTO registration under s 33 of the NVR Act:
- AHC20316 Certificate II in Production Horticulture;
- AHC32416 Certificate III in Irrigation;
- AHC40816 Certificate IV in Sports Turf Management;
- AHC40316 Certificate IV in Production Horticulture;
- AHC50316 Diploma of Production Horticulture;
- AHC51016 Diploma of Sports Turf Management;
- AHC60216 Advanced Diploma of Horticulture;
- BSB40515 Certificate IV in Business Administration
- BSB42015 Certificate IV in Leadership and Management;
- AHCIRG308 Monitor soils under irrigation;
- AHCIRG327 Implement an irrigation schedule; and
- NWPTRT062 Operate and control reclaimed water irrigation.
- The following conditions are imposed under ss 17(6) and 29(1) of the NVR Act:
- For the entire period of registration, the RTO must retain, and provide to ASQA on request, copies of completed student assessment records for a period of twelve (12) months from the date of completion.
- For a period of 18 months from the date of this order, the RTO must not apply to add new courses to its scope of registration, except where the application is to update an existing course on scope due to changes in the training package (for example, superseding equivalent or non-equivalent courses).
- The RTO must not commence delivery of any training product found non-compliant in ASQA's Evidence Analysis report dated 14 April 2020, until the Applicant complies with the direction referred to in paragraph 1.3 above.
- On or before 1 October 2020, the RTO must complete a validation process of 20% of the units of competency from each VET course on scope, pursuant to clauses 1.9 to 1.11 of the Standards for Registered Training Organisations (RTOs) 2015 (Standards).
- The RTO must engage at least one (1) suitably qualified and Independent Validator to review a sample of three (3) completed student assessment files from four (4) units of competency in each qualification delivered between the date of these orders and 1 September 2020, to assess compliance with clause 1.8 of the Standards by 1 October 2020.
A validation report must be prepared, and presented to ASQA on request, setting out the findings of the validation process, including any recommendations made and action taken as a result of such recommendations. Primary evidence of all documents referred to in the validation report must also be retained, and presented to ASQA on request.
*Independent Validator means a person who is not employed or subcontracted by the RTO to provide training and assessment; and otherwise has no involvement or interest in the operations of the RTO, but for the validation process.
- On or before 1 November 2020, the RTO must engage a suitably qualified external consultant to review the RTO's internal and external governance, management, systems and procedures to ensure the RTO, and any third party engaged in services which contribute to the RTO's operations, operate in a manner which complies with the Standards, pursuant to clauses 2, 7 and 8.
On or before 1 May 2021, the review (internal audit) must be completed and a report must be prepared with the assistance of the external consultant, and presented to ASQA on request. The report must set out any recommendations, and actions taken as a result of such recommendations, including primary evidence of all documents referred to in the report.