On 8 November 2017 the Commissioners decided to: i. Cancel, under the NVR Act section 36 (2) (f) and section 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 have reached an agreement as to the terms of a decision of the Tribunal.
The Tribunal decides that:
1. the decision to cancel the Applicant’s registration is set aside
2. in substitution it is decided that the Applicant’s application for renewal of registration as a RTO, is granted.
3. the decision to reject the application for renewal of registration in full is set aside.
4. in substitution it is decided that for the purposes of section 17(5) of the Act, the period of three (3) years for which the Applicant is registered is determined.
5. the following conditions are imposed on the Applicant’s registration pursuant to section 29 of the Act:
a. the Applicant must retain and present to Australian Skills Quality Auth ority (ASQA) on request all completed assessment material for all VET students for all VET courses for two (2) years from the date of final assessment decision for each unit of competency or module. b. the Applicant to develop and implement a Compliance Management Program (the Compliance Program) which:
i within 30 days of the Tribunal’s order, appoints a director, senior manager or consultant with suitable qualifications or experience in RTO compliance as a Compliance Manager with responsibility for ensuring the Compliance Program is effectively designed, implemented and maintained (Compliance Officer).
ii instructs the Compliance Officer to undertake a risk assessment on the Applicant to address areas where it may be at risk of breaching the Standards for Registered Training Organisations (RTOs) 2015 as identified in ASQA’s audit reports.
iii outlines how the Applicant will identify and address the impact of non-compliance on current and f ormer VET students in the past twelve (12) months, providing recommendations for any action to be taken having regard to the identified non-compliances which may include conducting additional training and reassessment to students in particular units of competency via gap training with revised (compliant) assessment tools at no expense to the students.
iv ensures that the Compliance Officer reports to the Applicant’s Director(s) every six (6) months on whether any improvements to the Compliance Program are required.
v within six (6) weeks after implementing the Compliance Program, requires the Applicant to produce a report of the Program’s findings, recommendations and evidence of implementation and retain and present that to ASQA if requested for review (Compliance Report).