AbilitySeer Pty Ltd and Australian Skills Quality Authority

The Administrative Appeals Tribunal considered an application by AbilitySeer Pty Ltd for the accreditation of its proposed "NDIS Support Coordination" vocational education and training course. The Australian Skills Quality Authority (ASQA) had initially rejected the application, a decision that AbilitySeer sought to have reviewed. ASQA's rejection was based on the course's alleged non-compliance with the Standards for VET Accredited Courses, specifically concerning the demonstration of an established industry need and adequate stakeholder consultation.

The primary legal issues before the Tribunal were whether AbilitySeer's proposed course met the requirements of the Standards for VET Accredited Courses, particularly regarding the demonstration of an established industry, enterprise, education, legislative, or community need, and whether the course had been developed in consultation with and validated by relevant industry, enterprise, community, or professional groups. The Tribunal was required to determine if ASQA's decision to refuse accreditation was justified based on the evidence presented.

The Tribunal affirmed ASQA's decision, finding that while there was a clear community need for accredited training in NDIS Support Coordination, AbilitySeer had not provided sufficient independent evidence to demonstrate an established industry need for its *particular* course. The Tribunal noted that Industry Reference Committees (IRCs) are the formal channel for advising on industry skills needs, and evidence indicated that the relevant IRC did not support AbilitySeer's proposal, citing concerns about the adequacy of the course's entry requirements and content. Although AbilitySeer presented evidence of some engagement with individual members of industry bodies, this was deemed insufficient to satisfy the requirement for validation by peak industry groups.

Consequently, the Tribunal concluded that it was not satisfied that AbilitySeer's Course met the necessary standards for accreditation under subsection 44(1) of the *National Vocational Education and Training Regulator Act 2011*. The Tribunal affirmed the decision under review pursuant to subsection 43(1)(a) of the *Administrative Appeals Tribunal Act 1975*, meaning the course was not accredited.