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41135

Provider number: 
41135
Trading name: 
Train N Trade
Managerial agent: 
Chief Executive - Mr Wagdi Andrawis ; Director - Wagdi Andrawis ; Director - James Choucair Secretary - Wagdi Andrawis ; Secretary - James Choucair
Decision type: 
Cancellation
Details of decision: 

The Commissioners decided to:

  • i. cancel, under the NVR Act 2 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 this decision. 
Additional information: 

Following AAT reviews, the parties reached an agreement pursuant to s 42C of the Administrative Appeals Tribunal Act 1975, in the following terms:

1. The decision to cancel, under s 36(2)(f) and 39 of the NVR Act, the Applicant's registration, is set aside.

2. In substitution the Tribunal decides under s 36(2)(c) of the NVR Act to shorten the Applicant's registration period to 31 January 2021 and, under s 36(2)(d) of the NVR Act, to amend the Applicant scope to remove all training products except the following:

2.1. CPCPWT4022A - Commission and maintain backflow prevention devices

2.2. CPCPWT4023A - Commission and maintain hot and heated water temperature control devices

2.3. UEENEEP010A - Disconnect - reconnect appliances connected to low voltage installation wiring

2.4. UEENEEP014A - Disconnect - reconnect water heaters connected to low voltage installation wiring

2.5. UEENEEP015A - Disconnect - reconnect motors connected to low voltage installation wiring

2.6. UEENEEP026A - Conduct in-service safety testing of electrical cord connected equipment and cord assemblies;

2.7. UEE30811 Certificate III in Electrotechnology Electrician

2.8. CPC32413 Certificate III in Plumbing;

2.9. CPC32612 Certificate III in Roof Plumbing

2.10. CPC40912 Certificate IV in Plumbing and Services

3. The CPC32413 Certificate III in Plumbing and CPC40912, CPC32612 Certificate III in Roof Plumbing and Certificate IV in Plumbing and Services training products will be converted to deliver and assess on the scope of the RTO once the Applicant has produced satisfactory evidence to the Respondent that, in relation to those products, it has:

3.1. training and assessment strategies and tools in compliance with clause 1.1 of the Standards for RTOs;

3.2. in accordance with clause 1.3. of the Standards for RTOs, sufficient:

3.2.1. trainers and assessors to deliver the training and assessment;

3.2.2. educational and support services to meet the needs of the learner cohort/s undertaking the training and assessment;

3.2.3. learning resources to enable learners to meet the requirements for each unit of competency, and which are accessible to the learner regardless of location or mode of delivery; and

3.2.4. facilities, whether physical or virtual, and equipment to accommodate and support the number of learners undertaking the training and assessment; and,

the Respondent will expedite the review of such material which will be considered within 6 weeks of receipt;

4. The Tribunal under s 29 of the NVR Act imposes the following conditions on the Applicant's registration until the finalisation of a renewal of registration process, including any application for review, or the cessation of its registration whichever is earlier (unless otherwise stated):

4.1. The Applicant must only deliver face to face or blended training and assessment;

4.2. For every training and assessment activity conducted by the RTO, for each student it must contemporaneously produce a record of:

4.2.1. the location,

4.2.2. the duration of the activity,

4.2.3. the identity of the trainer/assessor conducting the training or assessment activity; and,

4.2.4. a detailed description of the activity and any outcome;

4.3. The RTO must retain and present to ASQA on request any completed pre-enrolment, enrolment, support and progression or training assessment records, for all VET students for all VET courses for a period of two (2) years from the date on which the student ceases to be a student;

4.4. All documents relating to each VET student must be stored, and be able to be produced electronically on request within 10 business days to ASQA;

4.5. The RTO must not conduct any recognised prior learning or assessment only assessment;

4.6. In order to comply with clause 1.12 of the Standards for RTOs the RTO must notify students that it cannot provide recognised prior learning and offer that student to be referred to another provider who can conduct recognised prior learning for all or part of the course, and must not seek or receive a commission for that referral;

4.7. The RTO must not enrol more than:

4.7.1. 80 students in qualifications on its scope of registration in the 6 months following imposition of this condition;

4.7.2. 240 students in qualifications on its scope of registration in the 12 months following imposition of this condition;

4.7.3. 460 students qualifications on its scope of registration in the 18 months following imposition of this condition;

4.7.4. 800 students qualifications on its scope of registration in the 24 months following imposition of this condition;

4.7.5. 120 students in a unit of competency on its scope of registration in the 6 months following imposition of this condition;

4.7.6. 250 students in a unit of competency on its scope of registration in the 12 months following imposition of this condition;

4.7.7. 500 students in a unit of competency on its scope of registration in the 18 months following imposition of this condition;

4.7.8. 800 students in a unit of competency on its scope of registration in the 24 months following imposition of this condition;

4.8. The RTO must not engage third parties to recruit or refer students, or to deliver training or assessment on its behalf;

4.9. The RTO must keep, maintain and produce on request to ASQA the following:

4.9.1. timetables for all classes for all locations for all students for up to the following 3 months, which must indicate the time and place of any planned assessment in a particular unit, including workplace assessment locations;

4.10. Every 6 months the RTO must create and store a signed statutory declaration by its Chief Executive Officer, certifying whether it currently complies with each clause of the Standards for RTOs and the basis on which they made the CEO made the determination for each clause; and,

4.11. Every 6 months the RTO must create and store the following information, a detailed description of:

4.11.1. how the RTO ensures its operations are quality assured as required by clause 2.1 of the Standards for RTOs, including by detailing, its systems and processes and the implementation of those systems and processes to ensure it complies with each clause of the Standards for RTOs at all times; and

4.11.2. the progress of any compliance monitoring or quality assurance activity it has undertaken in relation to ensuring compliance with each clause of the Standards for RTOs in the preceding 6 months and that it has scheduled in the 6 months; and,

4.11.3. annex copies of any documents created, used or relied upon to monitor and/or ensure compliance and quality as referred to in that description.

Date of decision: 
26 April 2018
Status of decision: 
Settled pursuant to terms of agreement at AAT
Status of review: 
No review available