Sand Goanna Institute Pty Ltd and Australian Skills Quality Authority

The Administrative Appeals Tribunal considered the appeal by Sand Goanna Institute Pty Ltd against a decision by the Australian Skills Quality Authority (ASQA) to cancel the Institute's registration as a Registered Training Organisation (RTO). The dispute arose from ASQA's findings that the Institute was non-compliant with various clauses of the Standards for Registered Training Organisations (RTOs) 2015, specifically concerning training and assessment, and also non-compliant with section 211 of the National Vocational Education and Training Regulator Act 2011 (NVR Act).

The Tribunal was required to determine whether ASQA's decision to cancel the Institute's registration was the correct or preferable decision. This involved assessing the Institute's compliance with specific standards, including clauses 1.1, 1.2, 1.3, 1.5, 1.6, 1.8, and 3.1 of the Standards for RTOs 2015, and whether the Institute had contravened section 211 of the NVR Act. The Tribunal also had to consider the likelihood of future compliance and whether the objects of the NVR Act would be maintained.

The Tribunal found that the Institute had failed to demonstrate compliance with the identified standards during audits conducted by ASQA. Despite opportunities provided to the Institute to rectify non-compliances and submit relevant documentation, the Tribunal concluded that the Institute had not adequately addressed the identified issues. The Tribunal noted the significant volume of documentation submitted, but found that its relevance was not always readily apparent or clarified by the parties. Ultimately, the Tribunal did not accept that the Institute would likely be compliant in the future, nor that the objects of the NVR Act would be maintained.

Consequently, the Tribunal affirmed ASQA's decision to cancel the registration of Sand Goanna Institute Pty Ltd as a Registered Training Organisation. The Tribunal determined that it was not appropriate to reinstate the Institute's registration, even with conditions.