Australian Tertiary Academy Pty Ltd and Australian Skills Quality Authority

This matter concerned an appeal by Australian Tertiary Academy Pty Ltd (the applicant) against a decision by the Australian Skills Quality Authority (ASQA) to cancel the applicant's registration as a Registered Training Organisation (RTO). The dispute arose from allegations of non-compliance with various standards under the VET Quality Framework, including standards relating to record-keeping and cooperation with the regulator. The decision was made by Deputy President Bernard J McCabe.

The court was required to determine whether ASQA's decision to cancel the applicant's registration was justified. This involved assessing whether the applicant had contravened specific standards of the VET Quality Framework, particularly in relation to its failure to provide requested records promptly and its alleged lack of cooperation with ASQA. The court also considered the admissibility of evidence obtained by ASQA from the Australian Federal Police, which related to a criminal investigation.

The court reasoned that the applicant's significant delay in complying with a notice issued under section 211 of the *National Vocational Education and Training Regulator Act 2011* (NVR Act) was a serious matter that called into question its commitment to the regulatory framework and the integrity of its record-keeping. The court found that the objectives of the NVR Act, as outlined in section 2A, which include protecting students and enhancing Australia's reputation for VET, were undermined by such delays. Furthermore, the court determined that the evidence obtained from the Australian Federal Police was admissible, as section 3ZQU(4) of the *Crimes Act 1914* (Cth) did not limit the use or production of documents under any other law, including the NVR Act.

Ultimately, the court was satisfied that the applicant was likely to experience ongoing difficulty in complying with the regulatory framework. Consequently, the court affirmed ASQA's decision to cancel the applicant's registration as an RTO.