The Commissioners decided to:
i. Cancel, under NVR Act s 36(2)(f) and s39, 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 as to the terms of a decision of the Tribunal.
The Tribunal decided that:
- ASQA's decision to cancel, under sections 36(2)(f) and 39 of the NVR Act, the Applicant's registration is set aside.
- In substitution, the Tribunal decides that the applicant's registration is not cancelled.
- Under s 29 of the NVR Act, the following conditions are imposed on the Applicant's registration until the finalisation of the renewal of registration process, including any application for review, or the cessation of its registration whichever is earlier (unless otherwise stated):
3.1 The Applicant must retain and present to ASQA on request any completed pre-enrolment, enrolment, support and progression or training assessment ma terial, for all VET students for all VET courses for a period of two (2) years from on the date on which the student ceases to be a student;
3.2. All documents relating to each VET student must be and be able to be produced electronically on request within 3 business days;
3.3. In relation to any Recognised Prior Learning:
3.3.1. Whenever the Applicant makes use of competency conversation/s as a method of assessing competency of a student, that it must make an audio recording, store and retain the recording of those conversations;
3.3.2. Whenever the Applicant makes use of a workplace referees as evidence that the student has demonstrated the practical skills as required by the training package, that evidence must be validated in a recorded conversation with the trainer/assessor and it must make an audio recording, store and retain a recording of those conversations;
3.3.3. Whenever the Applicant makes use of a practical observation by a third party as a basis to gather evidence of competency of a student, it must make an audio recording, store and retain that recording of those conversation/s with the practical observer to confirm that the learner demonstrated all the required skills in the workplace, setting out where relevant:
126.96.36.199. How, when, where and how often the student performed the practical skill in question,
188.8.131.52. Whether they were supervised or assisted in performing the practical skill in question;
184.108.40.206. Whether the student performed the skill over a range of settings;
220.127.116.11. How it is that the workplace observer determined that the skill was carried out in a competent manner;
3.3.4. Where photos or videos are relied on for assessment of competency the Applicant must confirm the identity of the subject of the photo or video and record that confirmation and that the photo or video evidence is current or very recent evidence;
3.3.5. Where employment history is relied on in assessing competency of a student, that the Applicant must validate the previous work history with a representative of the employing entity through an audio recording and retain that record; and,
3.4. The Applicant must not enrol more than 40 students in qualifications on its scope of registration in the 6 months following imposition of this condition;
3.5. The Applicant must not enrol more than 80 students in qualifications on its scope of registration in the 12 months following imposition of this condition;
3.6. The Applicant must not enrol more than 100 students in a unit of competency on its scope of registration in the 6 months following imposition of this condition;
3.7. The Applicant must not enrol more than 300 students in a unit of competency on its scope of registration in the 12 months following imposition of this condition;
3.8. The Applicant must not engage third parties to deliver training or assessment on its behalf;
3.9. The Applicant must keep, main tain and produce on request to ASQA the following:
3.9.1. timetables for all classes for all locations for all students for up to the following 3 months, which must indicate the time and place of any planned assessment in a particular unit, including workplace assessment locations;
3.10. In addition to complying with the requirements of clause 1.9 of the Standards for Registered Training Organisations (RTO's) 2015 (Standards for RTO's), the Applicant must:
3.10.1. 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 the validation of assessment practices and judgements for each training product every six months, if the product is being currently delivered;
3.10.2. That validation must be of a representative sample of all students and any report must detail how the sample was determined;
3.10.3. As a part of that validation the independent person must observe, in person, the Applicant's assessor/s conducting practical assessment of students, for a minimum of two hours for each product on the Applicant's scope, to determine whether assessment is being conducted in a compliant manner;
3.10.4. The independent person must produce a report detailing their validation and annex copies of any assessment records relating to the validation and include how any observed assessment practice was conducted;
3.10.5. The Applicant must keep maintain and produce any validation report on request to ASQA;
3.11. Every 6 months the Applicant must produce a signed statutory declaration by its Chief Executive Officer, certifying whether it currently complies with each clause of the Standards for RTO's and the basis on which they made that determination; and,
3.12. Every 6 months the Applicant must produce the following information, a detailed description of:
3.12.1. how the Appl icant ensures its operations are quality assured as required by clause 2.1 of the Standards for RTO's, including by detailing, its systems and processes and the implementation of those systems and processes to ensure it complies with each clause of the Standards for RTO's at all times; and
3.12.2. the progress of any compliance monitoring or quality assurance activity it has undertaken in relation to ensuring compliance with each clause of the Standards for RTO's in the preceding 6 months and that it has scheduled in the 6 months; and,
3.12.3. produce copies of any documents created, used or relied upon to monitor and/or ensure compliance and quality as referred to in that description.