Access Training Institute Pty Ltd and Australian Skills Quality Authority; Kirana Training Pty Ltd and Australian Skills Quality Authority

Access Training Institute Pty Ltd and Kirana Training Pty Ltd sought review of decisions made by the Australian Skills Quality Authority (ASQA) concerning their registrations as Registered Training Organisations (RTOs). Specifically, Access sought review of ASQA's decision to reject its application for renewal of registration, and both Access and Kirana sought review of ASQA's decisions to cancel their registrations. The Administrative Appeals Tribunal (AAT) heard these matters together.

The primary legal issues before the Tribunal were whether Access and Kirana had complied with the Standards for Registered Training Organisations 2015 (Cth), particularly concerning the sufficiency of educational and support services, the determination of individual learner support needs, the implementation of a compliant assessment system adhering to the Principles of Assessment and Rules of Evidence, and the ongoing systematic validation of assessment practices. The Tribunal also considered whether the RTOs had complied with the requirement to issue certification only to learners who had met the requirements of the training product.

The Tribunal considered extensive evidence and a series of exchanges between ASQA and the applicants regarding alleged non-compliance with clauses 1.3, 1.7, and 1.8 of the Standards. Despite repeated requests for further evidence and multiple reviews by ASQA, the Tribunal found that the applicants had consistently failed to demonstrate compliance with these critical standards. The Tribunal noted that while the RTOs had received awards in previous years, this did not absolve them from current compliance obligations. The Tribunal applied the provisions of the *National Vocational Education and Training Regulator Act 2011* (Cth) and the Standards for Registered Training Organisations 2015, focusing on the objective of ensuring quality VET and protecting students.

In relation to Access Training Institute Pty Ltd, the Tribunal affirmed ASQA's decision to reject its application for renewal of registration and affirmed ASQA's decision to cancel its registration. For Kirana Training Pty Ltd, the Tribunal set aside ASQA's decision to cancel its registration and substituted it with a decision that Kirana's registration be cancelled.