The Commissioners' decided to:i. 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 Tribunal decides that:
1. The decision under sections 36(2)(f) and 39 of the National Vocational Education and Training Regulator Act 2011 (Cth) (NVR Act) to cancel the Applicant's registration with effect 35 calendar days after the Applicant is given written notice of the decision is set aside;
2. in substitution, the Applicant's registration is not cancelled.
3. the following conditions are imposed on the Applicant's registration pursuant to section 29 of the NVR Act:
o The Applicant must rectify each non-compliance identified in the Evidence Analysis Report dated 20 August 2018 in relation to all nine qualifications on scope within 90 days of the decision of the Tribunal and retain evidence of this until the completion of the renewal of registra tion audit.
o Commencing from the date of these orders, and operating for the entire remaining period of its current registration, AAA Swiss Training Pty Ltd must securely retain and provide to ASQA on request, copies of all completed student assessment items for each student (per the definition in ASQA's General Direction – Retention requirements for completed student assessment items and clearly identifiable as to which student and unit/s each item relates to) and copies of the master assessment tools used for each assessment, for a period of two years from the date on which the judgement of competence for each relevant unit of competency is made.
o The Applicant must not apply to add any new items to scope for the duration of its current registration period.