The Commissioners decided to:
- Cancel, under s 36(2)(f) and s 39 of the NVR Act, the RTO’s registration
with effect 35 calendar days after the date the RTO is given written notice of the decision.
On 23 July 2020, following AAT review, the parties reached an agreement.
The AAT set aside the decision to cancel and in substitution decided that:
- the applicant's registration is not cancelled
- the Applicant's registration as an RTO is amended such that the following VET courses are removed under section 33 of the NVR Act:
- BSB20115 Certificate II in Business;
- BSB30115 Certificate III in Business;
- BSB30715 Certificate III in Work Health and Safety;
- BSB40215 Certificate IV in Business;
- BSB41415 Certificate IV in Work Health and Safety;
- BSB41515 Certificate IV in Project Management Practice;
- BSB51315 Diploma of Work Health and Safety;
- BSB51319 Diploma of Work Health and Safety;
- BSB51415 Diploma of Project Management Practice;
- BSB60615 Advanced Diploma of Work Health and Safety;
- BSB61015 Advanced Diploma of Leadership and Management;
- CHC30113 Certificate III in Early Childhood Education and Care;
- CPC10111 Certificate I in Construction;
- CPC20112 Certificate II in Construction;
- CPC30413 Certificate III in Demolition;
- CPC31511 Certificate III in Formwork/Falsework;
- CPC40110 Certificate IV in Building and Construction (Building);
- CPC40508 Certificate IV in Building and Construction (Site Management);
- CPC41013 Certificate IV in Demolition;
- CPC60212 Advanced Diploma of Building and Construction (Management);
- RII30715 Certificate III in Mine Emergency Response and Rescue;
- RII30815 Certificate III in Civil Construction Plan Operations;
- SIT20316 Certificate II in Hospitality;
- SIT30616 Certificate III in Hospitality; and
- TAE50216 Diploma of Training Design and Development.
Units of competency
- CPCCBC4051A Supervise asbestos removal;
- CPCCBC5014A Conduct asbestos assessment associated with removal;
- CPCCDE3014A Remove non-friable asbestos;
- CPCCDE3015A Remove friable asbestos;
- CPCCWHS1001 Prepare to work safely in the construction industry;
- HLTAID004 Provide an emergency first aid response in an education and care setting;
- HLTAID006 Provide advanced first aid;
- HLTAID007 Provide advanced resuscitation;
- MSMPER300 Issue work permits;
- PMASUP236 Operate vehicles in the field;
- PUAEME001 Provide emergency care;
- PUAEME001B Provide emergency care;
- PUAWER005B Operate as part of an emergency control organisation;
- PUAWER006B Lead an emergency control organisation;
- RIIWHS202D Enter and work in confined space;
- RIIWHS204D Work safely at heights;
- RIIWHS205D Control traffic with stop-slow bat;
- RIIWHS205E Control traffic with stop-slow bat;
- RIIWHS302D Implement traffic management plan;
- RIIWHS302E Implement traffic management plans;
- TLIF0003 Develop and implement policies and procedures to ensure chain of responsibility compliance;
- TLIF0006 Administer a fatigue risk management system;
- TLIF0007 Manage a fatigue risk management system;
- UETTDRRF06 Perform rescue from a live LV panel; and
- UETTDRRF06B Perform rescue from a live LC panel.
- the following conditions are imposed on the Applicant's registration under section 29(1) of the NVR Act for a period of 12 months from the date of this Decision:
- The RTO must retain, and provide to ASQA within 28 days on request, copies of completed student assessment records for a period of eighteen (18) months from the date of completion.
- The RTO must not apply to add any new VET courses to its scope, until to the completion of a future audit conducted by ASQA, or within 12 months from the date of this Decision, whichever is the earlier.
- 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 1.9-1.11 of the Standards for Registered Training Organisations (RTOs) 2015 (Standards).
- As part of the validation process, the RTO must engage a suitably qualified and independent validator* to review a sample of three (3) completed student assessment files from each units of competency so validated, to assess compliance with clause 1.8 of the Standards.
- *Independent Validator means a person who is not employed or subcontracted by the RTO (or any third party) to provide training and assessment; and otherwise has no involvement or interest in the operations of the RTO, but for the validation process.
- A validation report must be prepared, and presented to ASQA on request, setting out the findings from the validation process, including any recommendations made and action taken as a result of such recommendations. Primary evidence of all documents referred to the validation report must also be retained and presented to ASQA on request.
- On or before 1 February 2021, the RTO must prepare a report after the above validation process is complete, outlining the steps taken to implement any recommendations from the validation report. Primary evidence of any documents referred to in this further report must also be retained and presented to ASQA on request.
- On or before 1 April 2021, the RTO must conduct an internal audit, with the assistance of an independent and suitably qualified consultant, to assess its compliance with the Standards, with a particular focus on:
- Governance and management (clauses 2, 7 and 8).
- Third party compliance monitoring (clauses 2 and 8).
- Training and assessment practices (clause 1).
- This review must be completed by 1 May 2021, by which time 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.
- Note: Once the Applicant has satisfied or otherwise completed the actions required in the conditions , the conditions are removed.
Note: On 18 July 2019, the decision was stayed by the AAT pending subject to the following condition:
- The Applicant must not enrol students into any VET courses with the exemption of the following courses:
- BSB42015 – Certificate IV in Leadership and Management
- BSB51918 – Diploma in Leadership and Management
- TLI31216 – Certificate III in Driving Operations
- RII30715 – Certificate III in Mine Emergency Response and Rescue
Units of Competency (UOC)
- AURTGA001 – Drive and Manoeuvre Trailers
- CPPFES2005A – Demonstrate First Attack Firefighting Equipment
- HLTAID001 – Provide Cardiopulmary Resuscitation
- HLTAID003 – Provide First Aid
- MSMWHS217 – Gas Testing Atmospheres
- PUAWER005B – Operate as part of an Emergency Control Organisation
- RIIVEH201D – Operate Light Vehicle
- RIIVEH305E – Operate and Maintain a Four Wheel Drive Vehicle
- RIIWHS202D – Entre and Work in Confined Space
- RIIWHS204D – Work Safe at Heights
- TLIC3004 – Drive Heavy Rigid Vehicle
- TLILIC2001 – Licence to Operate Forklift Truck
- TLILIC0003 – Licence to Operate Forklift Truck.