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.
On 14 May 2020, following AAT review, the parties reached an agreement.
The Tribunal decided that the cancellation decision is set aside and in substitution:
- The Applicant's registration is amended such that the following eight (8) VET courses are removed under s 36(2)(d) of the Act:
- BSB30215 Certificate III in Customer Engagement
- BSB50215 Diploma of Business
- BSB51918 Diploma of Leadership and Management
- BSB52415 Diploma of Marketing and Communication
- ICT50118 Diploma of Information Technology
- HLTAID001 Provide cardiopulmonary resuscitation
- HLTAID002 Provide basic emergency life support; and
- HLTAID004 Provide an emergency first aid response in an education and care setting.
- Of the remaining VET courses, a condition is imposed under s 29(1) of the Act to limit the maximum number of student enrolments for a period of twelve (12) months as follows:
- HLTAID003 Provide First Aid- capped at 35
- CHC33015 Certificate III in Individual Support - capped at 15
- CHC43015 Certificate IV in Ageing Support - capped at 20
- SIT30616 Certificate III in Hospitality - capped at 20
- BSB30415 Certificate III in Business Administration - capped at 20
- BSB41515 Certificate IV in Project Management Practice - capped at 20
- BSB42015 Certificate IV in Leadership and Management - capped at 20
- The following courses are suspended under s 38(1) of the Act for a period of twelve (12) months, subject to the following conditions imposed under s 38(2) of the Act:
- The registered training organisation ('RTO') must not enrol students in the suspended courses.
- The RTO must not publish or broadcast, or cause to be published or broadcast, advertising for the suspended courses.
- Suspended courses:
- CHC43015 Certificate IV in Disability
- BSB51415 Diploma of Project Management
- BSB50618 Diploma of Human Resources Management
- SIT50316 Diploma of Event Management
- BSB42415 Certificate IV in Marketing and Communication
- A written direction is issued under s 35A of the Act for the Applicant to address the non-compliance issues identified in ASQA's audit report and AAT Evidence analysis within sixty (60) days, and retain, and present to ASQA on request, evidence of how it has addressed the remaining non-compliance issues.
- ASQA conducts a compliance monitoring audit under s 35 of the Act on or after 1 October 2020.
- The following conditions are imposed on the Applicant's registration under s 29(1) of the Act:
- the RTO must retain, and provide to ASQA within 14 days on request, copies of completed student assessment records for a period of eighteen (18) months from the date of completion.
- The RTO must not apply to add any new VET courses to its scope, until to the completion of a compliance monitoring audit conducted by ASQA.
- On or before 1 September 2020, the RTO must complete a validation process of 20% of the units of competency from each VET course on scope except suspended courses, pursuant to clauses 1.9-1.11 of the Standards.
As part of the validation process, the Applicant must engage two (2) suitably qualified and independent validators* to review a sample of three (3) completed student assessment files from four (4) units of competency in each qualification where delivery occurred since 1 September 2019, to assess compliance with clause 1.8 of the Standards.
*Independent Validator means a person who is not employed or subcontracted by the RTO to provide training and assessment; and otherwise has no involvement or interest in the operations of the RTO, but for the validation process.
A validation report must be prepared, and presented to ASQA on request, setting out the findings from the validation process, including any recommendations made and action taken as a result of such recommendations. Primary evidence of all documents referred to the validation report must also be retained, and present to ASQA on request.
- On or before 1 June 2020, the RTO must engage a suitably qualified external consultant on an ongoing basis to review the RTO's internal and external governance, management, systems and procedures to ensure the RTO, and any third party engaged in services which contribute to the RTO's operations, operate in a manner which complies with the Standards, pursuant to clauses 2, 7 and 8.
This review must be completed by 1 October 2020, by which time a report must be prepared with the assistance of the external consultant and presented to ASQA on request. The report must set out any recommendations, and actions taken as a result of such recommendations, including primary evidence of all documents referred to in the report.
Note: On 27 August 2019, the decision was stayed by the AAT subject to the following conditions:
- the Applicant must not enrol any new students in any VET course(s);
- the Applicant is to retain, and provide to the Tribunal and the Respondent upon request, copies of completed student assessment records;
- the Applicant must not issue any VET statement(s) of attainment or qualification(s) other than in respect of those students identified as “Short Term" and who are expected to complete their studies on or around 30 September 2019;
- the Applicant must publish on its website the following statement:
“ProGalor is currently not enrolling any new students in any VET course(s) pending the outcome of an appeal of ASQA's cancellation decision to the Administrative Appeals Tribunal."