Ayurveda College Pty Ltd and Australian Skills Quality Authority

This matter concerned an application by Ayurveda College Pty Ltd (Ayurveda) to review a decision by the Australian Skills Quality Authority (ASQA) to suspend its registration as a Registered Vocational Education and Training Organisation (RTO). The dispute arose from allegations of inappropriate conduct by Ayurveda's executive officer and high managerial agents towards students and staff, and whether these individuals met the "fit and proper person requirements." ASQA also alleged that Ayurveda's executive officer and a high managerial agent had made false statements to ASQA and the Tribunal, and that Ayurveda had failed to comply with other RTO Standards. The case was heard by a Senior Member of the Tribunal.

The Tribunal was required to determine whether Ayurveda had failed to ensure its executive officer and high managerial agents met the fit and proper person requirements, and whether these individuals had made false statements. Additionally, the Tribunal had to consider other alleged non-compliances with the Standards for Registered Training Organisations (RTOs) 2015, and the implications of these for Ayurveda's continued registration. The central legal framework involved the *National Vocational Education and Training Regulator Act 2011* (NVR Act), particularly sections concerning RTO compliance with registration conditions, including the RTO Standards and fit and proper person requirements.

The Tribunal reasoned that while there were serious concerns regarding Professor Chandler's conduct and statements, a complete suspension of registration was not the most appropriate outcome. The Tribunal acknowledged the significant volume of evidence and the protracted nature of the hearing, which included unexpected medical issues affecting Professor Chandler's ability to participate fully. Applying the principles of proportionality and the objectives of the NVR Act, the Tribunal concluded that imposing specific conditions on Ayurveda's registration would better serve the public interest and allow for remediation.

Consequently, the Tribunal set aside the decision to suspend Ayurveda's registration. In substitution, the Tribunal imposed several conditions, including that Professor Chandler resign from his executive and managerial roles, with limited exceptions for teaching masterclasses. Ayurveda was also required to appoint a new CEO and Director of Teaching and Assessment, subject to ASQA's approval, and to engage an external consultant to review its practices and conduct an audit. Further conditions related to the handling of student and staff complaints were also imposed.