The Commissioners decided to:
- 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 parties reached an agreement as to the terms of a decision of the Tribunal.
The Tribunal decides that:
- the decision to cancel is set aside and in substitution, the Applicant's registration is reinstated to 3 August 2022
- the following conditions apply to the Applicant's registration until the finalisation of a renewal of its 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 on request any completed pre-enrolment, enrolment for a period of twelve (12) months;
- 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;
- the RTO must retain and present to ASQA on request all evidence of compliance with the requirements of clause 1.13 of the Standards for Registered Training Organisations (RTOs) 2015 for all trainers and/or assessors engaged by the RTO for a period of two (2) years from the date in which a trainer and/or assessor delivered training and/or assessment at the RTO; and
- every 12 months the RTO must create and store the following information, including a detailed description of:
- how the RTO ensures its operations are quality assured as required by clause 2.1 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
- 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 12 months and that it has scheduled in the 12 months; 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.