Non-compliant RTO Barkly College appeal against ASQA cancellation dismissed
A critically non-compliant former registered training organisation (RTO) will remain deregistered after the Administrative Review Tribunal (the Tribunal) affirmed the Australian Skills Quality Authority’s (ASQA) May 2024 decision to shut it down.
To protect the integrity of the vocational education and training (VET) sector, ASQA cancelled the registration of Barkly International College (BIC) after an extensive compliance investigation.
In December 2024, BIC made an application to the Tribunal for a review of the decision.
Applications from BIC for a stay of the decision were rejected by the Tribunal and on 26 January 2026, General Member R Smith affirmed ASQA’s decision, meaning that BIC will remain deregistered.
In her Decision, General Member Smith commented on the serious nature of non-compliance from BIC and its CEO: “The non-compliance was extensive and spanned multiple aspects of [BIC’s] operations,” she said.
“It was not confined to isolated administrative errors but went to core regulatory obligations relating to training and assessment, quality assurance, governance, certification, marketing, student management and reporting
“Taken cumulatively, the historical non-compliance prior to being put on notice of ASQA’s concerns, was serious and systemic. They were not technical or isolated lapses or errors capable of being easily corrected without sustained regulatory oversite. The non-compliance was a direct consequence of poor governance and quality assurance.
“In my view, allowing an organisation to remain registered despite intentional, long standing and serious non-compliance would undermine the regulatory regime and voluntary compliance within the sector.”
ASQA CEO Saxon Rice welcomed the Tribunal’s decision.
“ASQA’s purpose is to ensure quality vocational education and training so that students, industry, governments and the community have confidence in the integrity of national qualifications issued by training providers,” Ms Rice said.
“The quality and integrity of VET providers is a primary focus for ASQA. We are ensuring that there is no place for any provider who seeks to undermine the sector or exploit students, using our regulatory powers to their fullest extent, where necessary, to protect students and the public.
“Students enrolled with a training provider should have confidence that the training and qualification they are receiving is high quality, and industry, governments and the community should have confidence that the Australian VET sector is world class.
“A high-quality VET sector ensures students receive the skills and training necessary to access the work and career opportunities that are critical for securing Australia’s future economic growth.”
In a separate matter, the Queensland Magistrate’s Court convicted the CEO and owner of former RTO Real Estate Training Australia Proprietary Limited, Shane Lowe, for advertising VET courses after ASQA cancelled its registration.
Under section 122 of the National Vocational Education and Training Regulator Act (NVR Act), it is an offence for a person to make false or misleading representation about a VET course or qualification in an advertisement, which can include representations on a provider’s website. This can include civil penalties.
Late last year, Magistrate Duroux found Mr Lowe guilty of making false or misleading representation in advertisement and fined him $3,000 plus costs, from a possible maximum fine of $18,780, which Magistrate Duroux said was a reduced penalty “to what I would have otherwise imposed” due to the early guilty plea from Mr Lowe.
Magistrate Duroux noted in his sentencing remarks that the representations made by Mr Lowe’s companies were “misleading as they would induce a person to believe that the courses on offer were VET courses, specifically a Certificate IV in Real Estate Practice”.
“I do not believe the offending is trivial at all, in any way, shape or form,” he said.
Ms Rice said the conviction was an important reminder for providers and other non-registered entities connected to the VET sector to ensure that they accurately and honestly represent the courses they advertise so that students can make a fully informed decision prior to enrolment.
“It is vitally important that current students, potential students and the wider public have complete and clear information when choosing a course to enrol in, including about with whom they are enrolling.
Media contact: media@asqa.gov.au
Timeline
General Member Smith’s decision in BIC’s case noted the hearing proceeded over multiple days and involved extensive documentary evidence, affidavit evidence, oral evidence and lengthy closing submissions. This included evidence about BIC’s website, which remained accessible after the provider was cancelled.
11 May 2024: ASQA cancelled the registration of Barkly International College (BIC), determining it was non-compliant with the 2015 Standards for Registered Training Organisations following extensive compliance investigations.
June 2024: BIC applied for an extension to allow for time to submit their application for an internal review into the cancellation decision. ASQA granted this.
July 2024: BIC applied for a second extension for time to submit their application for an internal review into the cancellation decision. ASQA granted this.
19 July 2024: BIC submitted a request for an internal review of the cancellation decision and a request that the effective date of the decisions be stayed, which would allow BIC to continue to operate until the internal review was completed. This was granted by ASQA on 30 July 2024.
November 2024: ASQA advised BIC that the internal review affirmed ASQA’s original decisions.
3 December 2024: BIC made an application to the Administration Review Tribunal (the Tribunal) for review of the original decision by ASQA, together with an application to stay the implementation of the decisions. A stay order would allow BIC to continue to operate until the Tribunal made its final decision in the matter.
11 December 2024: The Tribunal issued an interim stay order with a no new enrolment condition until an interlocutory hearing could take place to determine BIC’s stay order application. BIC was able to continue operating with its current students during this time.
6 March 2025: The Tribunal issued its decision to refuse BIC’s application for an unlimited stay of ASQA’s decisions (the First Stay Decision). This meant ASQA’s decision to deregister BIC came into effect on 6 March 2025, and BIC was unable to operate from this date.
14 March 2025: BIC filed a second stay application, seeking an unconditional stay of ASQA’s decision.
19 May 2025: The Tribunal refused BIC’s application seeking an unconditional stay of ASQA’s decision (the Second Stay Decision).
23, 24 June and 22 August 2025: The matter was heard by the Tribunal.
4, 5 December 2025: Any further submissions were allowed.
26 January 2026: The Tribunal affirmed ASQA’s decision, ensuring BIC will have its registration cancelled.