Re Trades College Australia Pty Ltd and Australian Skills Quality Authority

This matter concerned an application by Trades College Australia Pty Ltd (the applicant) for review of a decision by the Australian Skills Quality Authority (ASQA) to refuse to register the applicant as a registered training organisation (RTO). The Administrative Appeals Tribunal (AAT) heard the application.

The primary legal issue before the Tribunal was whether the applicant met the registration requirements under the *National Vocational Education and Training Regulator Act 2011* (Cth) and associated standards, specifically concerning its financial viability and the quality of its training and assessment. The Tribunal was required to consider whether the applicant had provided sufficient evidence to satisfy ASQA that it would comply with the standards for RTOs.

The Tribunal’s reasoning focused on the applicant's failure to demonstrate financial viability, noting that the provided financial projections were speculative and lacked a sound basis. Furthermore, the Tribunal found that the applicant had not adequately addressed concerns regarding the quality of its training and assessment practices, including the qualifications of its trainers and the robustness of its assessment tools. The Tribunal applied the principles of administrative review, requiring the applicant to discharge the onus of proving it met the legislative and regulatory requirements for RTO registration.

Ultimately, the Tribunal affirmed the decision of ASQA to refuse registration.