Re Austwide Institute of Training Pty Ltd and Secretary, Department of Education and Training

The Administrative Appeals Tribunal considered an application by Austwide Institute of Training Pty Ltd for the renewal of its registration as a registered training organisation. The Secretary of the Department of Education and Training had made decisions to refuse the renewal of registration and to refuse registration for new courses. The dispute centred on Austwide's alleged non-compliance with the Standards for Registered Training Organisations (RTOs) 2015 and the Education Services for Overseas Students Act 2000 (Cth).

The Tribunal was required to determine whether Austwide had failed to comply with the relevant standards and legislation, and if so, whether these failures warranted the affirmation of the Secretary's decisions. Specifically, the Tribunal had to assess the evidence presented regarding Austwide's compliance with requirements related to assessment tools, record-keeping, trainer competencies, and its obligations under the ESOS Act concerning overseas students and the scope of its registration.

The Tribunal's reasoning was informed by extensive evidence, including multiple compliance reports prepared by the Department's audit employees. These reports detailed numerous instances of non-compliance with various standards, such as the use of outdated assessment tools, inconsistent student assessment records, inadequate evidence of trainer competencies, and the provision of courses for which Austwide was not registered under the ESOS Act. The Tribunal noted that while Austwide accepted past employee contraventions and argued that these individuals were no longer employed and that rectifiable concerns had been addressed, the Respondent contended that there was a pattern of past, current, and prospective non-compliance. The Tribunal considered the specific arguments regarding ESOS Act reporting obligations for overseas students undertaking the Certificate II in Security Operations course, finding that Austwide's policy of not issuing Certificates of Enrolment demonstrated indifference to its legislative obligations.

Ultimately, the Tribunal affirmed the decisions under review, finding that Austwide had failed to demonstrate sufficient compliance with the NVR Act and the ESOS Act, and that the evidence indicated a significant risk of future non-compliance.