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40668

Provider number: 
40668
Trading name: 
Hannay Accreditation, Hannay International College
Managerial agent: 
Chief Executive - Mrs. Janaki Paudel; Director - Puna Ram Bhandari; Director - Rajnish Kumar Kummari; Secretary - Rajnish Kumar Kummari
Decision type: 
Cancellation
Details of decision: 

The Commissioners' decided to:
i. 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.

Additional information: 

​The AAT has stayed the decision subject to the following conditions: 

(a) on and after the date of this order, until the final determination of the applications for review, the Applicant (by its officers, employees, agents, contractors or other representatives or by any other person or organisation acting on behalf of the Applicant), must not:

i. request, receive or accept from any person an application form for enrolment or pre-enrolment; or

ii.r equest, receive or accept a deposit, instalment or any other payment; or

 iii. enrol or pre-enrol any person;

in relation to enrolment or pre-enrolment into any of the Applicant's courses, including on a deferred basis (namely, where the enrolment is accepted but the course is not scheduled to commence until some later point in time); 

 (b) on and after the date of this order, until the final determination of the applications for review, the Applicant (by its officers, employees, agents, contractors or other representatives) must immediately cancel the enrolment, or pre-enrolment of any person who has enrolled or pre-enrolled with the Applicant for any of its courses but who is not yet present in Australia (i.e. they are presently awaiting the issuance of a visa to enter Australia) or are present in Australia but have not yet commenced the Applicant's courses for which they are enrolled or pre-enrolled; 

(c) on and after the date of this order, until the final determination of the applications for review, the Applicant (by its officers, employees, agents, contractors or other representatives or by any other person or organisation acting on behalf of the Applicant), must not market, promote or advertise its vocational training services or any of its courses in Australia or overseas; and on or before seven (7) days after this order is made, the Applicant must take all reasonable steps necessary to ensure compliance with this condition, including, without limitation:  

i. contacting all its agents, including education agents whether based in Australia or overseas to advise them immediately cease any marketing, promotional or advertising activities on the Applicant's behalf;

ii. removing all information about the Applicant's course offerings from its website, online advertising sites or from any social media pages and to remove its enrolment or pre-enrolment application forms or links to those forms;

iii. ceasing all advertising arrangements the Applicant has in place in Australia or overseas any third party, including education agents, to promote and advertise the Applicant's serv ices;

iv.ceasing the publication and distribution of any hard copy promotional materials, such as brochures or course booklets, both in Australia and overseas; 

(d) on or before eight (8) weeks after the date of this order, the Applicant must: 

i. complete all of the reassessments or gap re-assessments identified by the Applicant in the statement of Mr Brex Butler with respect to its current students, being those students who have commenced but not yet completed any of the Applicant's courses;

ii. lodge with the Tribunal and give to the Respondent an affidavit by Mr Puna Bhandari, providing full details of the completion of those re-assessments and gap re-assessments, including contact details for all the current students who have undertaken them; the date upon which they occurred; a copy of the Applicant's assessment file fo r each re-assessment or gap re-assessment and details of the Applicant's trainer/assessor who assessed those re-assessments or gap re-assessments; 

(e) on or before seven (7) days after the date of this order, the Applicant must advise all of its current students, in writing, that the reassessments or gap re-assessments relevant to them are mandatory and must be completed by them on or before eight (8) weeks after this order in order for the student to receive their qualification at the end of their course with the Applicant; 

(f) on and after the date of this order, until the final determination of the applications for review, the Applicant (by its officers, employees, agents, contractors or other representatives or by any other person or organisation acting on behalf of the Applicant), must:

i. undertake all future assessments of its current students for all units of competency for any of its courses, using only the new assessment materials or tools that have been validated or re-developed by Mr Brex Butler, the Applicant's consultant, and/or LTO Consulting Pty Ltd, to ensure the Applicant's assessment practices meet the relevant legislative requirements, including in particular clauses 1.1, 1.2 and 1.8 of the Standards;

ii. engage Mr Butler:

(A) to oversee the implementation by the Applicant of the assessments and re-assessment of current students in accordance with condition 2.6.1;

(B) to provide direction to the Applicant, which is must follow, to ensure that the Applicant complies with the conditions of this order;

(C) to prepare an affidavit to be lodged with the Tribunal and given to the Respondent on or before ten (10) weeks after the date of this order, reporting on the status of Applicant's compliance with all aspects of Mr Butler's plan for addressing the non-compliances (being annexures B1 and B2 to the statement of Mr Butler dated 4 May 2018);

iii. monitor, record and maintain minimum overseas student attendance requirements of 80 percent of the scheduled contact hours for each course, and keep and produce those records upon request to the Tribunal and the Respondent; 

(g) on or before ten (10) days after the date of this order, the Applicant must give to the Respondent:

i. copies of the class timetables for all scheduled classes at its premises at Suite 46, Level 4, 8-24 Kippax Street, SURRY HILLS NSW for the remainder of 2018, including for each class; details of the location, including classroom; scheduled dates and times; student first name and surname for all students enrolled; trainer/assessor first name and surname assigned and the code and title of VET course for each class;

ii. copies of workplace training and assessment timetables for all scheduled training and assessment elsewhere in 2018, including business name and location where training and assessment is scheduled; dates and times scheduled; student first name and surname for all students enrolled; trainer/assessor first name and surname assigned and code and title of VET course for each workplace training and assessment; 

(h) on or before four (4) weeks after the date of this order, the Applicant must lodge with the Tribunal and provide to the Respondent, all of its affidavits and submissions in support of these applications (other than updating affidavits to be filed before the final hearing in respect of ongoing compliance) including: 

i.copies of all training and assessment strategies and tools for all units of competency for all qualifications, validated or re-developed by Mr Brex Butler;

ii. a table of all staff presently engaged, and engaged in the past 12 months, including:

(A) First and surname;

(B) Role(s) and responsibilities;

(C) Period of engagement;

< p>(D) Reason for ceasing employment (if applicable);

(E) Associations with other RTOs, including:

(F) Name and RTO ID of each RTO;

(G) Period of engagement with each RTO;

(H) Role(s) and responsibilities with each RTO;

(I) Reason for ceasing employment (if applicable);

iii. copies of all relevant VET qualifications and evidence of compliance for all trainers and assessors to satisfy clauses 1.13 and 1.16 of the Standards;

iv. all evidence on which the Applicant intends to rely at the hearing of these applications.

Date of decision: 
Wednesday, April 11, 2018
Status of decision: 
On hold
Status of review: 
AAT review ongoing