The Commissioners decided to:
- cancel, under the NVR Act s 36(2)(f) and s 39, the RTO’s registration (or impose a sanction of lesser severity) 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.
- set aside ASQA's decision to cancel under the NVR Act and substitutes a decision that the Applicant's registration is not cancelled;
- imposed the following conditions on the Applicant's registration, pursuant to section 29 of the NVR Act:
- the Applicant must securely retain for two years, all completed student assessment for all students in all classes in all qualifications on its scope of registration (per the definition in the Respondent's General Direction – Retention requirements for completed assessment items and clearly identifiable as to which student and unit/s each item relates to) and copies of the master assessment tools used for each assessment.