The Commissioners decided to:
- Reject, under the NVR Act s 17, the application for renewal of registration as an RTO in full, to include:
- CHC30113 Certificate III in Early Childhood Education and Care
- CHC50113 Diploma of Early Childhood Education and Care
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 decision is set aside and in substitution:
- the RTO’s application for renewal of its RTO registration under section 17 of the NVR Act be granted for a period of four years commencing on the 20 October 2020; and
- the following conditions are imposed on the RTO's registration under section 29 of the NVR Act, commencing on 20 October 2020:
- the RTO will systematically monitor its operations to ensure ongoing compliance, as required by clause 2.2 of the Standards for RTOs; and will retain records to be produced at any future regulatory activity 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;
- for the duration of its registration, the RTO will securely retain, and present to ASQA on request, copies of all completed assessment items for each student (per the definition in ASQA's General Direction – Retention requirements for completed student assessment items, which must clearly identify to which student/unit(s) the item relates) and copies of master assessment tools used for each assessment, for a period of 18 months from the date on which the judgment of competence in the relevant unit of competency is made; and
- in addition to complying with the requirements of clause 1.9 of the Standards for RTOs, the applicant will securely retain and present to ASQA on request records that demonstrate that it will, within 12 months of 20 October 2020:
- engage a suitably qualified independent person (who has vocational currency in the training product being validated and the training and assessment qualification or assessor skill set at least to the level being validated) to conduct validation, and the production of a report of that validation, of assessment practices and judgements for each training product, if the product is being currently delivered;
- that validation must be of a representative sample of all students enrolled in the product, must include a minimum of five student files and the report must detail how the sample was determined; and
- the RTO must act on the findings of the report and retain the validation report and records associated with that report and must produce those documents to ASQA on request. For the avoidance of doubt, this includes records of any processes developed or rectifications that occur following the validation process.