Australian Trade Training and Assessment Pty Ltd and Australian Skills Quality Authority

This matter concerned an application by Australian Trade Training and Assessment Pty Ltd (ATTA) for a stay of a decision by the Australian Skills Quality Authority (ASQA) to cancel ATTA's registration as a Registered Training Organisation (RTO). ATTA provided training in high-risk construction sector units of competency and had previously been authorised by WorkSafe Victoria and SafeWork NSW to conduct competency assessments. A complaint notice from WorkSafe Victoria in September 2017 initiated an investigation by ASQA, which, after reviewing evidence including audit reports, student assessment records, and criminal charges laid against ATTA and its director, determined ATTA was non-compliant with several standards for RTOs. ASQA subsequently notified ATTA of its intention to cancel its registration.

The legal issues before the Tribunal were whether to grant a stay of ASQA's decision to cancel ATTA's registration pending the final hearing of ATTA's application for review. In determining this, the Tribunal considered factors including the prospects of ATTA's success on review, the consequences for ATTA if a stay were refused, the public interest, the consequences for ASQA in granting a stay, and whether the review would be rendered nugatory without a stay. ATTA argued that ASQA had relied solely on WorkSafe's materials, which were not directly relevant to NVR Act compliance, and that ATTA had provided evidence demonstrating its current compliance. ATTA contended that refusing a stay would force it to cease operations, rendering any subsequent review futile, and would cause significant financial hardship and negative impacts on staff and students.

The Tribunal's reasoning focused on the paramountcy of the public interest. Evidence presented indicated systematic issues with ATTA's assessment practices, including the alteration of assessment papers, unsafe assessment methods, incorrect marking of student work, inadequate time for skill mastery, and concerns about the authenticity of student responses. These findings, supported by ASQA's review of student assessment records and consistent with WorkSafe's investigation, raised significant concerns about the integrity of the training and assessment provided by ATTA. The Tribunal concluded that the public interest in ensuring the quality and integrity of vocational training, particularly in high-risk areas, outweighed ATTA's interests and those of its employees.

Consequently, the Tribunal refused ATTA's application for a stay of ASQA's decision to cancel its registration.