Maxine Elizabeth Galpin, trading as Australian Online Racing Accreditation or A.O.R.A. and Australian Skills Quality Authority
Case
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[2021] AATA 309
•25 February 2021
Details
AGLC
Case
Decision Date
Maxine Elizabeth Galpin, trading as Australian Online Racing Accreditation or A.O.R.A. and Australian Skills Quality Authority [2021] AATA 309
[2021] AATA 309
25 February 2021
CaseChat Overview and Summary
This matter concerned an application by Maxine Elizabeth Galpin, trading as Australian Online Racing Accreditation or A.O.R.A. (the Applicant), for review of a decision by the Australian Skills Quality Authority (ASQA) to cancel her registration as a Registered Training Organisation (RTO). The Administrative Appeals Tribunal (the Tribunal) was required to consider whether the cancellation of the Applicant's RTO registration was appropriate, or if any other sanction should be imposed under the *National Vocational Education and Training Regulator Act 2011* (Cth) (NVR Act).
The legal issues before the Tribunal included whether the Applicant had failed to comply with various Standards for Registered Training Organisations 2015 (the Standards), and whether she met the "fit and proper person requirements" under section 23 of the NVR Act. Specifically, the Tribunal had to determine if the Applicant's assessment systems were inadequate, if assessment guides were not adhered to, if there was insufficient evidence for recognition of prior learning assessments, and if training and assessment strategies were not prepared for new racing courses. The Tribunal also considered whether the Applicant's trainer and assessor required further professional development and if the Applicant's executive officer and high managerial agent complied with the fit and proper person requirements.
The Tribunal's reasoning was based on the Applicant's non-compliance with several conditions of registration under the NVR Act and the Standards. Evidence indicated inadequate assessment systems, including the failure to adhere to assessment guides and insufficient evidence supporting recognition of prior learning. Furthermore, the Applicant was not ready to deliver new racing courses, and her trainer and assessor required further professional development. The Tribunal found that considerable work was necessary before the Applicant could achieve compliance with all the Standards and meet her registration conditions. Consequently, the Tribunal affirmed ASQA's decision to cancel the Applicant's registration as an RTO.
The legal issues before the Tribunal included whether the Applicant had failed to comply with various Standards for Registered Training Organisations 2015 (the Standards), and whether she met the "fit and proper person requirements" under section 23 of the NVR Act. Specifically, the Tribunal had to determine if the Applicant's assessment systems were inadequate, if assessment guides were not adhered to, if there was insufficient evidence for recognition of prior learning assessments, and if training and assessment strategies were not prepared for new racing courses. The Tribunal also considered whether the Applicant's trainer and assessor required further professional development and if the Applicant's executive officer and high managerial agent complied with the fit and proper person requirements.
The Tribunal's reasoning was based on the Applicant's non-compliance with several conditions of registration under the NVR Act and the Standards. Evidence indicated inadequate assessment systems, including the failure to adhere to assessment guides and insufficient evidence supporting recognition of prior learning. Furthermore, the Applicant was not ready to deliver new racing courses, and her trainer and assessor required further professional development. The Tribunal found that considerable work was necessary before the Applicant could achieve compliance with all the Standards and meet her registration conditions. Consequently, the Tribunal affirmed ASQA's decision to cancel the Applicant's registration as an RTO.
Details
Key Legal Topics
Areas of Law
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Administrative Law
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Statutory Interpretation
Legal Concepts
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Judicial Review
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Procedural Fairness
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Breach
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Remedies
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Standing
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Statutory Construction
Actions
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Most Recent Citation
Galpin v Chief Executive Officer of the Australian Skills Quality Authority [2023] FCA 223
Cases Citing This Decision
2
Cases Cited
6
Statutory Material Cited
0
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