41220

Following AAT review of ASQA's cancellation and suspension decisions, the following conditions are imposed, under s 29 of the NVR Act, on the RTO's registration for their entire registration period and including the period until the outcome of their renewal application is determined (including any review process):

1. each of New England School of English Pty Ltd's directors as at 20 October 2020 (Current Directors) must cease to be directors/secretary of New England School of English Pty Ltd within 120 days of the commencement of this condition and must not be appointed director/secretary of the New England School of English Pty Ltd during the period of this condition;
2. from the date 120 days following the commencement of this condition the Current Directors must not take part in the management or operation of any training and assessment or regulatory compliance matters on behalf of New England School of English Pty Ltd other than to the extent required as a member of New England School of English Pty Ltd established executive management group and must not communicate or direct staff in relation to operation of New England School of English Pty Ltd outside of that role;
3. New England School of English Pty Ltd's number of enrolled, commenced and studying students from the date of commencement of this condition must not exceed:
   
   1. 40 students within 3 months of commencement of this condition;
   2. 120 students within 6 months of commencement of this condition;
   3. 200 students within 12 months of commencement of this condition;
   4. 350 students within 24 months of commencement of this condition.
4. New England School of English Pty Ltd must retain and present to ASQA on request any completed pre-enrolment, enrolment, 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;
5. within 6 months of the commencement of this condition, New England School of English Pty Ltd must engage a suitably qualified independent person to conduct a review and produce a report of their compliance with the Standards for RTOs and the implementation of their amended training and assessment tools and practices - the review must include observation of practical assessment of a sample of students and the report must be provided to ASQA on request;
6. every 6 months New England School of English Pty Ltd must create, store and produce on request to ASQA, a report of the following information:
   
   1. how New England School of English Pty Ltd ensures its operations are quality assured as required by Standard 2 of the Standards for RTOs, 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 RTOs at all times; and
   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 RTOs in the preceding 6 months and that it has scheduled in the next 6 months; and
   3. annexing copies of any documents created, used or relied upon to monitor and/or ensure compliance and quality as referred to in that report.