The Administrative Review Tribunal (the Tribunal) has made another decision to affirm the Australian Skills Quality Authority’s (ASQA) cancellation of qualifications issued by the former registered training organisation (RTO) Gills College.
ASQA cancelled Gills College’s registration in November 2024 after extensive compliance investigations found the former training provider was critically non-compliant and had issued qualifications and statements of attainment without sufficient assessment and did not ensure students had successfully satisfied all requirements prior to issuing them.
To protect the public and the integrity of the vocational education and training (VET) sector, ASQA subsequently cancelled qualifications and/or statements of attainment that Gills College issued to more than 3,300 individuals.
All individuals were given the opportunity to demonstrate to ASQA that Gills College had provided them with the necessary training and/or assessment before their qualifications were cancelled. None were able to do so.
An application to review ASQA’s decision to cancel qualifications from Gills College was made to the Tribunal on 19 December 2024 (Tribunal number: 2024/10769) by Omar Bayahow, who was issued a Certificate III in Early Childhood Education and Care and a Diploma of Early Childhood Education and Care.
Mr Bayahow contended that ASQA had no concrete evidence to support its findings in relation to his specific circumstances and therefore could not reasonably cancel his qualifications. Mr Bayahow told the Tribunal he could not remember any detail about the training and/or assessment received from Gills College and could not provide the Tribunal any documentary evidence relating to communications with the former provider, interactions with assessors or payment for the qualifications.
In addition, Mr Bayahow disputed the public benefit in the cancellation of his qualifications.
General Member Darian-Smith affirmed ASQA’s decision to cancel the qualifications.
“I am satisfied on reasonable grounds that Gills College did not provide, or arrange for another person to provide, all or part of the training or assessment necessary for him to achieve the learning outcomes or competencies required for the qualifications,” General Member Darian-Smith said.
“Having regard to the Objects of the NVR Act and having weighed the public interest considerations, the Tribunal cannot agree with Mr Bayahow that the cancellation of the qualifications yields no public benefit,” he said.
“The Tribunal agrees with the factors said by ASQA to support the exercise of the discretion [to cancel the qualifications]. In particular, the Tribunal is not persuaded that the harm which Mr Bayahow will suffer outweighs the public interest protective considerations which favour cancellation of the qualifications. This case is not in the exceptional category of case which supports the exercise of the discretion not to cancel the qualifications.”
ASQA CEO Saxon Rice welcomed the Tribunal’s decision and said ASQA was keen to support prospective students to be able to spot the red flags when they are considering engaging in a Recognition of Prior Learning (RPL) process.
“ASQA’s commitment is to protect the integrity of the sector and ensure quality training so that students, industry, governments and the community have confidence in the integrity of national qualifications issued by training providers,” Ms Rice said.
“Students should be wary of marketing that suggests that obtaining a qualification through a training provider can be fast-tracked - if it seems too good to be true, it probably is.
“We want students enrolled with a training provider to be undertaking quality training and legitimate assessment, which strengthens Australia’s reputation as a reliable and world class VET sector.
“We will continue to use our regulatory powers through extensive compliance investigations to identify providers who are exploiting students and undermining the sector in order to protect students and the community.”
ASQA and the Department of Employment and Workplace Relations (DEWR) have produced guidance for students on unethical and misleading practices of non-genuine providers, brokers and agents attempting to lure them into enrolling through the promise of fast-tracked qualifications, often purporting to use a model of Recognition of Prior Learning (RPL) without the need for any training or assessment.
Students are advised to avoid providers whose marketing promises include phrases such as:
- ‘no classes to attend’
- ‘no study or exams required’
- ‘no time off work’
- ‘receive your qualification in 7 days’
- ‘100% guarantee of a successful qualification’
- ‘fast-tracked pathway to skilled migration’.
The recently launched Real Skills Deserves Real Recognition promotion can be found here Explore Your Career | Your Career.
A Fact Sheet for students is available on the ASQA website about Recognition of Prior Learning (RPL).
ASQA has cancelled the registration of 15 former RTOs since late 2024, with Gills College among providers found to have falsely issued qualifications without the appropriate training or assessment.
As at 31 March 2026, ASQA has cancelled more than 43,000 qualifications and/or statements of attainment issued in industries including early childhood education and care, disability support and aged care.
Additional Background and Notes
- On 23 April the Administrative Review Tribunal affirmed ASQA’s decision to cancel qualifications issued by former RTO Gills College.
- Media releases are published on the ASQA website for the first and second Tribunal decisions relating to Gills College.
- Former RTO Gills College traded under the names Elite College Australia and/or Sterling Business College.
- Information on the Qualification Integrity Program is available on AQSA’s website.
- You can see ASQA’s Regulatory Risk Priorities here.
- More information on choosing a VET course and provider can be found on the Your Career website.
Media contact
Media Contact: media@asqa.gov.au