Following reconsideration of ASQA's suspension decision, the Chief Commissioner and the Commissioner, Risk Intelligence and Regulatory Support decided to vary the decision to the following:
- suspend, under the NVR Act s 36(2)(e) and s 38 the following part of the RTO’s scope of registration
- MAR20318 Certificate II in Maritime Operations (Coxswain Grade 1 Near Coastal)
- MAR30918 Certificate III in Maritime Operations (Master up to 24 metres Near Coastal), and
during the period of suspension require, under the NVR Act s 38(2), the RTO not to:
- enrol a student in a suspended VET course or part of a suspended VET course
- allow a VET student to begin a suspended VET course of part of a suspended VET course
- publish or broadcast an advertisement relating to a suspended VET course or any part of a suspended VET course, or
- cause to be published or broadcast an advertisement relating to a suspended VET course or any part of a suspended VET course.
Date of effect: With immediate effect.
Following AAT review, the parties reached an agreement.
The Tribunal decided to:
- set aside the suspension decision and in substitution, decided to not suspend part of the RTO's scope of registration
- impose, under s 29 of the NVR Act, the following conditions on the Applicant's registration until the finalisation of a renewal of registration process, including any application for review, or the cessation of its registration, whichever is earlier (unless otherwise stated):
- The RTO must retain and present to ASQA support and progression or training assessment records for all VET students for all VET courses for a period of two (2) years from the date on which the student ceases to be a student;
- Every 6 months the RTO must update and store the following information:
- a description of how it continues to implement an assessment system that ensures it maintains compliance under clause 1.8 of the Standards for Registered Training Organisations (RTOs) 2015; and
- annex copies of any documents created, used or relied upon to monitor and/or ensure compliance and quality as referred to in that description.