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.
The Tribunal set aside the decision and made the following decision in substitution:
- not cancel, under sections 36(2)(f) and 39 of the NVR Act, the RTO's registration.
Additionally, the parties agreed that:
- the applicant's NVR registration period will be approved for 7 years and will now expire on 9 December 2025;
- the applicant's CRICOS registration will be extended to align with the NVR registration so that the CRICOS registration also expires on 9 December 2025;
- ASQA will impose under s 29 of the NVR Act the following condition:
- the RTO will systematically monitor its practices to ensure ongoing compliance, as required by clause 2.2 of the Standards for RTOs; and will securely retain and present to ASQA on request evidence of the progress of any compliance monitoring or quality assurance activity it has undertaken in the preceding 6 months and that it has scheduled in the upcoming 6 months;
- in this regard, in systematically monitoring its practices to ensure ongoing compliance, the RTO will create, implement, and retain evidence of implementation of a compliance management plan to ensure compliance with its obligations under the Standards for RTOs. The RTO agrees to maintain evidence of implementation for each compliance area identified in the compliance management plan in following manner in a monitoring folder which will include:
- a copy of the existing policy and procedure for each specific area;
- copy of the existing policy and procedure for each specific area;
- evidence of any review activity undertaken and changes/non-compliances identified as result of the review (e.g. meeting notes or compliance notes);
- evidence of any action identified as part of any review including the date each action was completed;
- a copy of any new policy, procedure or practices implemented including the date of implementation; and
- relevant samples of the implementation of new procedures and practices (e.g. completed Pre-Training Review Form, sample of completed LLN tests);
- the RTO agrees to securely retain and present to ASQA on request, all records demonstrating it will continue to employ staff in the roles of compliance manager and training manager, as described in the documents entitled 'Training Manager Position Description' and 'Compliance Manager Position Description' [provided to ASQA by the RTO on 19 August 2020] and will otherwise seek to fill any position left vacant by resignation or termination of such staff member as soon as reasonably practicable thereafter, for a period of two years from the date of the Tribunal's decision.