Cogninet Resource Corner Pty Ltd and Australian Skills Quality Authority

Cogninet Resource Corner Pty Ltd (the Applicant) sought review of decisions by the Australian Skills Quality Authority (ASQA) to reject its application for initial registration as a Registered Training Organisation (RTO) and to refuse its registration to provide courses to overseas students. The dispute centred on ASQA's concerns regarding the suitability of the proposed training premises, the availability of trainers and assessors, and the qualifications and authority of the proposed CEO.

The Tribunal was required to determine whether the Applicant had satisfied the requirements for registration as an RTO, particularly concerning its capacity to deliver training and assessment services in compliance with legislative obligations. Key issues included the plausibility of multiple RTOs operating from the same limited premises and the adequacy of evidence demonstrating the availability of qualified trainers and assessors, especially when some were reportedly engaged in interstate training. The suitability of the nominated CEO, Ms Margaret Medcalf, was also a point of contention, with ASQA expressing uncertainty about her qualifications and authority.

The Tribunal reasoned that the Applicant had failed to provide sufficient evidence to satisfy its concerns. Specifically, the Tribunal found it implausible that at least four RTOs could operate effectively from the proposed premises at Unit 2, 15 Anderson Street, Fortitude Valley, Queensland, given the limited space described. Furthermore, the Tribunal was not satisfied that the Applicant could fulfil its training obligations with trainers and assessors who appeared to be concurrently delivering courses interstate. In relation to Ms Medcalf, the Tribunal noted ASQA's submission that her qualifications and authority remained unclear and, citing precedent, indicated it was entitled to draw an adverse inference from her failure to provide evidence.

Consequently, the Tribunal affirmed ASQA's decisions of 13 September 2017 to reject the Applicant's application for initial RTO registration and to refuse its registration to provide courses for overseas students. The Tribunal suggested that a more comprehensive application, addressing these concerns, could be made in the future.