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.
The Tribunal decided:
- ASQA's decision is set aside and in substitution, the Applicant's registration under the NVR Act is not cancelled.
The Applicant also agreed to ASQA imposing, under section 29(1) of the NVR Act, the following conditions on the Applicant's registration:
- within four (4) weeks from the date of written notice of these conditions, the Applicant's high managerial agents and executive officers must provide ASQA with updated and accurate Fit and Proper Person Declarations; and
- the Applicant 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.