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.
The provider applied to the Administrative Appeals Tribunal (AAT) for a review of the decision but the AAT subsequently dismissed the application.
On 22 August 2019, the AAT revoked the stay of 6 May 2019 and the further amended stay of 4 July 2019.
On 4 July 2019, the AAT stayed the decisions until 26 August 2019 subject to the following conditions:
- the Applicant is to comply with all orders made by the Tribunal on 6 May 2019; and
- the Applicant is to comply with all other requirements of the Regulator as they may emerge.
On 6 May 2019, the AAT stayed the decision until 26 July 2019 subject to the following conditions that the Applicant:
- not to take any new enrolments including the creation of any new COE's;
- not to undertake any marketing or advertising;
- to retain all completed assessments by all students in all units of competency in all training products on the RTO's scope of registration;
- to provide a completed copy of the Financial Visibility Risk Assessment tool;
- to provide confirmation of intended employment for all intended staff;
- to provide information relating to the current number of employees including their names, employment status, including job titles and responsibilities, accrued entitlements, projected redundancy payments and the length of their employment with the organisation;
- to provide information relating to any contractors engaged by the Applicant including details of their names, job titles and responsibilities, any applicable termination fees or payments should their contracts be brought to an end before the scheduled end of the tracts; and
- payslips for all employees for the financial years (FY2018 to FY2019 to date).