Trades College Australia Pty Ltd and Australian Skills Quality Authority

The Administrative Appeals Tribunal considered the appeal by Trades College Australia Pty Ltd against decisions made by the Australian Skills Quality Authority (ASQA) to cancel its registration as a registered training organisation and to refuse its application to renew registration. The dispute centred on ASQA's assessment of the College's compliance with regulatory requirements and the appropriateness of the cancellation decision.

The Tribunal was required to determine whether ASQA's decisions to cancel the College's registration and refuse its renewal application were justified. Specifically, the Tribunal had to consider whether the auditor's conclusions, which formed the basis of ASQA's decisions, were flawed, whether the College had taken sufficient steps to rectify non-compliances, and whether the Chief Executive Officer was a fit and proper person to be associated with the organisation. The Tribunal also had to assess the financial viability of the applicant.

The Tribunal found significant flaws in ASQA's decision-making process. It noted that the audits conducted were desk audits only, without site visits or interviews with assessors, which prevented the auditor from appreciating the substantial improvements made by the College to its facilities and the innovative methods employed for assessing students, including those seeking Recognition of Prior Learning. The Tribunal also considered evidence of the College's efforts to rectify past issues, including engaging experienced consultants and intending to appoint new trainers and assessors. While the financial viability of the applicant remained uncertain, the Tribunal concluded that the cancellation decision was not justified given the historical nature of the alleged breaches and the improvements undertaken by the College. The Tribunal also found the Chief Executive Officer to be a fit and proper person, despite a past charge for grievous bodily harm, as there was no evidence of criminal propensity.

Consequently, the Tribunal set aside the decision to cancel the College's registration and remitted the matter to ASQA for reconsideration. The decision to refuse the renewal of registration was affirmed, with the Tribunal suggesting it would be desirable for the applicant to take further steps before reapplying.