Seek review of an ASQA decision

ASQA makes decisions about the:

  • registration of training providers as RTOs
  • accreditation of VET courses
  • registration of providers of ELICOS and VET on CRICOS, who provide courses to overseas students.

Some of these decisions can be reviewed. The options available for review depend on whether the decision relates to RTO registration or course accreditation, or CRICOS registration.

The letter we issue advising you of our decision explains which options apply to your situation. If after receiving the letter, you are still unclear about your options, you can contact our Info Line on 1300 701 801 or at enquiries@asqa.gov.au, or seek your own legal advice.

ASQA review of a registration or accreditation decision

We review decisions about RTO registration and the accreditation of VET courses that are specified in Section 199 of the National Vocational Education and Training Regulator Act 2011 (NVR Act).

The following options may be available for you to seek a review of an ASQA decision about RTO registration or course accreditation.

Request that ASQA reconsider the decision

You may be able to request that we reconsider the decision if the decision was made under delegation, that is, by someone other than the CEO of ASQA. Once you have been notified of the decision, you have 30 days to either make an application for review or to request that we extend this timeframe. You may also request that we 'stay' (or delay) the date that our decision takes effect until the review process has concluded.

Following a reconsideration, we may decide to affirm, vary or revoke the original decision.

Find out more information about the process in How ASQA reviews decisions

Request reassessment of the decision

Reassessment is an opportunity to demonstrate that the issues which led to us making a decision have been remedied, and is available for certain decisions made about RTO registration or course accreditation. An application for reassessment can be made any time after you have been notified of the decision.

You may seek reassessment of decisions that:

  • impose a condition on your registration
  • reject an application to change the scope of your registration
  • suspend all or part of your registration.

We will consider the evidence you provide in your reassessment application to determine if you have sufficiently addressed the reasons for our decision. If reassessment shows that the issues have been addressed, we may:

  • agree to vary or remove a condition of registration
  • change your scope of registration
  • lift a suspension.

The reassessment application is available through asqanet. You should lodge an application only after you believe that you have sufficiently addressed all the matters that led to us making the decision.

Reassessment is not available for decisions made about CRICOS registration.

Submit a new application

You may submit a new application to address the areas of non-compliance identified in the reasons for our decision. This applies if we decided not to approve an application for initial registration or change of scope. A new application will be subject to all relevant fees and charges.

ASQA review of a CRICOS registration decision

Decisions about registration on CRICOS are made under Section 169AB of the Education Services for Overseas Students Act 2000.

The following options may be available to you to seek a review of an ASQA decision about CRICOS registration.

Request that ASQA review the decision

You may be able to ask us to review the decision if the decision was made under delegation, that is, by someone other than the CEO of ASQA. Once you have been notified of the decision you have 30 days to either make an application for review or to request that we extend this timeframe. A review application may also request that we extend the effective date of our decision until the review process has concluded.

Following a review, we may decide to affirm, vary or set aside the original decision. If we set aside the decision, we can make another decision in its place.

Find out more information about the process in How ASQA reviews decisions

Submit a new application

You may be able to submit a new application which addresses the areas of non-compliance identified in the reasons for our decision. This applies if we decided not to approve your application for initial registration or change of scope. A new application will be subject to all relevant fees and charges.

Administrative Appeals Tribunal (AAT)

You may be able to apply to the AAT for external review of an ASQA decision if a satisfactory resolution cannot be achieved through an internal review, or if an internal review is not available. You can request a stay of ASQA’s decision as part of the AAT review process.

More information on decisions that are eligible for AAT review and applying is available on the Administrative Appeals Tribunal review of an ASQA decision page.

Freedom of information (FOI)

Access to documents relating to decisions can be requested under an FOI request. Find out more about Freedom of information requests.

Was this page helpful?
Keywords
reassessment, review, decision review, AAT, FOI, Freedom of Information, reassess, reconsideration