Australian Intelligence Training Academy Pty Ltd and Australian Skills Quality Authority

Case

[2021] AATA 1108

30 April 2021


Details
AGLC Case Decision Date
Australian Intelligence Training Academy Pty Ltd and Australian Skills Quality Authority [2021] AATA 1108 [2021] AATA 1108 30 April 2021

CaseChat Overview and Summary

The Administrative Appeals Tribunal reviewed a decision by the Australian Skills Quality Authority (ASQA) to cancel the registration of Australian Intelligence Training Academy Pty Ltd (AITA) as a Registered Training Organisation (RTO). The dispute arose from AITA's alleged non-compliance with the *National Vocational Education and Training Regulation Act 2011* (Cth) and the *Standards for Registered Training Organisations 2015* (Standards), following a post-registration audit.

The Tribunal was required to determine whether AITA had breached its conditions of registration. Specifically, the issues included whether a Certificate II-level security course was delivered over a sufficient duration, whether AITA met financial viability risk assessment (FVRA) requirements, and whether it complied with data provision requirements. Crucially, the Tribunal had to assess whether AITA had demonstrated a commitment and capability to deliver quality vocational education and training (VET) and whether it could be confident that AITA would meet statutory RTO requirements, conditions of registration, and comply with the Standards in the future.

The Tribunal considered evidence including multiple versions of AITA's business plans and FVRA tools, as well as witness statements. It found that AITA had been found "critically non-compliant" in an earlier audit, with concerns raised about marketing practices, the duration of its security course, the absence of adequate training premises agreements, and inconsistencies in its financial viability assessments. Despite a previous consent order to set aside a cancellation on the condition of notification before training delivery, ASQA proceeded with a second cancellation after a further audit revealed ongoing non-compliance. The Tribunal noted that AITA continued to advertise and failed to return its registration certificate after the cancellation decision.

Ultimately, the Tribunal concluded that it was not satisfied that AITA would meet its statutory obligations and therefore affirmed ASQA's decision to cancel AITA's registration as an RTO.
Details

Areas of Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Standing

  • Statutory Construction

  • Appeal

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0