Australian Centre for Advanced Studies Inc. and Australian Skills Quality Authority

The Australian Administrative Tribunal reviewed a decision by the Australian Skills Quality Authority (ASQA) concerning the renewal of registration for the Australian Centre for Advanced Studies Inc. (the Applicant). The Applicant, a not-for-profit faith-based organisation, sought to renew its registration as a Registered Training Organisation (RTO) to deliver various certificate, diploma, and graduate diploma level courses, many of which were delivered through third-party auspicees. ASQA had rejected the renewal of the Applicant's registration, citing non-compliance with the Standards for Registered Training Organisations, particularly concerning the Applicant's alleged failure to exercise meaningful control and adequate oversight over the delivery of courses by its third-party providers.

The Tribunal was required to determine whether the Applicant had complied with the relevant Standards for Registered Training Organisations, specifically in relation to its oversight of third-party course delivery. The central legal issue revolved around ASQA's interpretation of the Standards and whether the Applicant's arrangements with its auspicees met the required level of control and quality assurance mandated by the regulatory framework.

The Tribunal found that ASQA's interpretation of the Standards, while seemingly informed by best educational practices, at times exceeded the explicit requirements of the Standards themselves. Applying the relevant provisions of the Vocational Education and Training Act 1996 (WA) and the National Vocational Education and Training Regulator Act 2011 (NVR Act), the Tribunal concluded that the Applicant was compliant with numerous specified Standards, including those relating to enrolment processes and student information. The Tribunal noted concerns regarding the protracted timeline of ASQA's audit process, which it considered to be at odds with the object of protecting students.

Consequently, the Tribunal set aside ASQA's decision and remitted the matter back to ASQA to determine the period of registration. The Tribunal also made recommendations to ASQA regarding improvements to its audit processes, including investigating the reasons for delays in conducting audits and communicating outcomes to applicants.