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Decision information

Date of decision
Decision type
Details of decision

The Commissioners decided to:

  1. 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.  

Status of decision
Settled pursuant to terms of agreement at the AAT – decision set aside
Status of review
No review available
Review information

Following AAT review, the parties reached an agreement.

It is decided by consent that:

  1. the decision is set aside and in substitution, the applicant’s registration as an RTO under the NVR Act is not cancelled
  2. the following conditions will be imposed, under section 29 of the NVR Act, on the applicant's registration:
    • for the period of its registration, the applicant must securely retain and present to ASQA on request, all completed student assessment records for all VET students for all VET courses for two (2) years from the date the student is deemed competent;
    • for two (2) years from the date of the Tribunal's order, in addition to complying with the requirements of clause 1.9 of the Standards for RTOs the RTO must every 12 weeks from the date of this order:
      • engage a suitably qualified independent person (who has vocational currency in the training product being validated and the training and assessment qualification or assessor skill set at least to the level being validated) to conduct validation, and the production of a report of that validation, of assessment practices and judgements for each training product, if the product is being currently delivered;
      • that validation must be of a representative sample of all students enrolled in the product and any report must detail how the sample was determined;
      • as a part of that validation the independent person must observe, in person, the applicant's assessor/s conducting assessment of students, for a minimum of two hours for each product being validated on the RTO's scope and the entire summative assessment for at least 3 students per course, to determine whether assessment is being conducted in a manner consistent with the RTO's training and assessment strategies and assessment system, and the Standards for RTOs;
      • the independent person must produce a report detailing their findings of the validation activity and any recommendations for the RTO to improve its training and assessment system or practice and annex copies of any assessment records relating to the validation and include how any observed assessment practice was conducted;
      • the report must include the following:
        1. which training products were sampled? Diploma of XX UOC XX;
        2. which students were sampled? Student ID;
        3. how was the sample determined? Alphabetical/chronological etc?;
        4. what was reviewed?;
        5. did the assessment cover each element and performance criteria of the unit of competency? If not a description of what was not covered?;
        6. was the performance evidence met? Yes, no – if no what was not covered;
        7. was the knowledge evidence met? Yes, no – if no what was not covered;
        8. were the assessment conditions met? Yes, no – if no what was not covered;
        9. was there sufficient frequency of application of the skills? Yes, no – if no why not or N/A;
        10. was there a sufficient number of real or simulated environments in which the student could demonstrate the skills? Yes, no – if no why not or N/A;
        11. was the report writer satisfied that each sampled student had the industry level skills and competency required by the unit readily able to be deployed in the particular vocation? if not why not;
      • the RTO act upon any findings of the validation report;
      • the RTO must keep and store unaltered copies of each of those validation reports.