RTO Registration Renewed after Appeal – Australian Business Skills v ASQA
This is the first in an occasional series of case notes on decisions involving ASQA.
In the recent decision of Australian Business Skills Pty Ltd v ASQA (here) the New South Wales Administrative Decisions Tribunal (the Tribunal) discussed three significant issues in auditing and compliance for RTOs.
The regulator at the time, VETAB, cancelled the RTO’s registration and refused an application for renewal of its registration in December 2010. The matter eventually found its way to an Appeal Panel of the Tribunal.
The Tribunal set aside the decision to refuse renewal of registration, and substituted a decision to permit registration for three years, with conditions.
This case highlighted the following three key issues:
1. Onus of proof
2. The requirement to comply with the NVR Standards is in some cases not absolute
3. Grades of non-compliance and appropriate sanctions
Click (RTOLegal article) to see the full article.
Hi there,
Can you please clarify exactly what a trainer & assessor is qualified to train, what they would need (e.g. Cert IV in Occ Health & Safety) Do they need to have that certificate and does it matter which units of comp the T&A has? Can you please tell me where to find this information.
Thanks
Marion
Hi Marion
Firstly I am assuming you are under ASQA so will quote the relevant standards, if not refer to the same in the AQTF. To meet SNR15.4 Training and assessment is delivered by trainers and assessors who:
(a) have the necessary training and assessment competencies as
determined by the National Skills Standards Council or its
successors; and (TAE40110)
(b) have the relevant vocational competencies at least to the level
being delivered or assessed;
To show this you will need to be able to show that the Trainer and Assessor (T&A) has the unit (or a mapped document to show the mapping) to the units that they will be training and assessing against. This usually means your trainer and assessor, must have the qualification, down to the units with the RTO.
An example is, if the T&A has a Degree in Management and they want to train and assess in the certificate IV in Frontline Management, then they must either map their Degree down to each of the Cert IV units, or they need to get the Cert IV. The best way to show is by using a matrix for each trainer and assessor you have that provides evidence down to the unit level.
then there is maintaining industry currency in the TAE and the vocational area of expertise. this also needs to be demonstrated.