Achieve Goals Pty Ltd and Australian Skills Quality Authority

This case involved an application by Achieve Goals Pty Ltd for registration as a Registered Training Organisation (RTO) with the Australian Skills Quality Authority (ASQA). ASQA had refused the application, and Achieve Goals Pty Ltd sought review of that decision. The dispute centred on whether Achieve Goals Pty Ltd complied with the relevant standards for RTOs, including the Standards for Registered Training Organisations (RTOs) 2015, the Fit and Proper Person Requirements, and the Financial Viability Risk Assessment Requirements. The matter was heard by Chris Puplick AM, Senior Member.

The legal issues before the Tribunal were whether Achieve Goals Pty Ltd met the requirements of Standard 1.3 (sufficient trainers, assessors, support services, learning resources, and facilities), Standard 7.1 (Fit and Proper Person Requirements for executive officers and high managerial agents), and Standard 7.2 (Financial Viability Risk Assessment Requirements). Additionally, the Tribunal considered whether Achieve Goals Pty Ltd had demonstrated systematic monitoring and evaluation for continuous improvement under Standard 2.2, and whether it had cooperated with the regulator by providing accurate information under Standard 8.1. The Tribunal also had to consider a General Direction issued in December 2018 regarding resourcing requirements for applicants seeking initial registration.

The Tribunal's reasoning addressed each of the grounds for refusal. Regarding Standard 1.3, the Tribunal found that the applicant lacked a coherent business plan and a clear strategy for compliance, and that its proposed resources, including trainers and premises, were inadequate to meet the projected student numbers. Concerning Standard 7.1, the Tribunal found that Ms. Hilani Eldamouni, the applicant's owner and a key manager, had provided a false answer on her Fit and Proper Person Declaration by failing to disclose the cancellation of a previous RTO's registration in which she was involved. While the Tribunal was less inclined to accept ASQA's arguments regarding financial viability under Standard 7.2, it found that the applicant had not demonstrated a coherent strategy for monitoring and evaluating training and assessment, and had provided misleading or false information to ASQA. Furthermore, the Tribunal accepted ASQA's submission that the applicant would not be in a position to commence operations immediately upon registration, which was incompatible with the 2018 General Direction.

Ultimately, the Tribunal affirmed ASQA's decision to refuse the registration of Achieve Goals Pty Ltd. The Tribunal concluded that the applicant failed to meet the requirements of Standards 1.3, 7.1, 2.2, and 8.1, and was not compliant with the 2018 General Direction.