Claredale Academy Pty Ltd and Australian Skills Quality Authority

This case concerned an appeal by Claredale Academy Pty Ltd against decisions made by the Australian Skills Quality Authority (ASQA) to cancel its registration as a Registered Training Organisation (RTO) and to refuse its application for registration as a provider of courses to overseas students on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). The matter came before the Tribunal for review.

The Tribunal was required to determine whether Claredale had complied with the relevant legislative regime, including the *Education Services for Overseas Students Act 2000* (ESOS Act) and the National Code. Specifically, the Tribunal considered whether Claredale possessed sufficient qualified and skilled trainers and assessors, whether it had failed to cooperate with the regulator, and whether it met the "fit and proper person" requirements. Further issues included whether the business had properly managed its financial affairs, maintained proper business records, and demonstrated financial viability.

The Tribunal found that Claredale had not demonstrated sufficient insight into its past non-compliant conduct, despite some efforts to rectify issues. Misleading statements had been provided by high managerial agents and executive officers to the regulator. The Tribunal concluded that Claredale had failed to comply with the ESOS Act and the National Code, was not a "fit and proper" person to be registered, and lacked the demonstrated capacity to provide education of a satisfactory standard.

Consequently, the Tribunal affirmed the decisions of ASQA. The cancellation of Claredale's RTO registration and the refusal of its CRICOS provider registration were upheld.