If you are dissatisfied with a decision made by ASQA, you have a number of options:
- Consider the reasons for the decision, address the outstanding areas of non-compliance and submit a new application.
- Ask ASQA to reassess its position
- Ask ASQA to reconsider the decision.
- Apply to have the decision reviewed by the Administrative Appeals Tribunal (AAT).
We will consider in this article options 3 and 4.
Which decisions can be reconsidered by ASQA?
Not all decisions can be reconsidered. Only 'reviewable decisions' as specified in section 199 of the National Vocational Education and Training Regulator Act 2011 (the NVR Act) can be reconsidered. These are list on the table below.
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Reviewable decisions under s 199 of the NVR Act |
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A decision to grant an application for registration (including renewal of registration) as an NVR registered training organisation. |
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A decision determining the period for which an national VET regulator (NVR) registered training organisation is registered. |
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A decision to impose a condition on an NVR registered training organisation’s registration. |
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A decision to reject an application for registration (including renewal of registration) as an NVR registered training organisation. |
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A decision to vary a condition on an NVR registered training organisation’s registration. |
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A decision not to determine a shorter period for making an application for renewal of registration as an NVR registered training organisation. |
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A decision to change, or refuse to change, an NVR registered training organisation’s scope of registration. |
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A decision to suspend all or part of an NVR registered training organisation’s scope of registration. |
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A decision to shorten the period of an NVR registered training organisation’s registration. |
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A decision to defer making a decision to change an NVR registered training organisation’s scope of registration until the organisation addresses issues identified by the National VET Regulator. |
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A decision not to allow an NVR registered training organisation’s registration to be withdrawn. |
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A decision to cancel an NVR registered training organisation’s registration. |
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A decision to grant an application for accreditation of a course (including renewal of accreditation) as a VET accredited course. |
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A decision to impose conditions on the accreditation of a VET accredited course. |
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A decision to vary a condition on the accreditation of a VET accredited course. |
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A decision to reject an application for accreditation of a course (including renewal of accreditation) as a VET accredited course. |
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A decision to amend a VET accredited course. |
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A decision to cancel the accreditation of a VET accredited course. |
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A decision to give a written direction to an NVR registered training organisation under paragraph 36(2)(a) or (b). |
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A decision to issue, or not issue, a VET qualification. |
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A decision to issue, or not issue, a VET statement of attainment. |
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A decision to cancel, or not cancel, a VET qualification. |
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A decision to cancel, or not cancel, a VET statement of attainment. |
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A decision to enter details on the register under subsection 216(4). |
How do I apply for reconsideration?
You must apply to ASQA for reconsideration using the Application for reconsideration of reviewable decision form.
You must apply either within 30 days after you are informed of ASQA's decision, or—if you have requested an extension to submit your application and ASQA has granted the extension—within the extended period. The fee payable for an application for reconsideration is identified in ASQA's Schedule of fees and charges.
ASQA may suspend the implementation of the decision that you have asked ASQA to reconsider until the end of the reconsideration process. This usually is granted when your organisation's registration is likely to expire before the completion of the reconsideration process.
What is the process for reconsidering a decision?
In most cases, an ASQA Commissioner or ASQA staff member, who was not involved in making the original decision, will reconsider the decision. If an ASQA staff member made the original decision, only a Commissioner or more senior member of staff may reconsider the decision. The person reconsidering the decision has the authority to affirm, vary or revoke the decision.
As part of the reconsideration process, ASQA will consider the reconsideration application, any additional information provided with the application and the evidence on which the original decision was made.
It may take up to 90 days from the day a complete 'Application for reconsideration of reviewable decision' is received for ASQA to make a decision about the application. You will be advised in writing of ASQA's decision, and receive a statement of reasons for the decision, within 30 days of the decision being made.
Option 4: Administrative Appeals Tribunal review of an ASQA decision
An application can also be made to the AAT for a 'stay' of ASQA's decision, which means that an RTO can continue to operate and its registration is taken to continue until its review application is decided.
What is the Administrative Appeals Tribunal?
The Administrative Appeals Tribunal (AAT) provides independent review of a wide range of administrative decisions made by the Australian Government (and some non-government bodies). The AAT aims to provide fair, impartial, high quality and prompt review with as little formality and technicality as possible.
How do I lodge an application for review?
Your application to the AAT must be lodged:
- in writing (using the forms available from the AAT Registry in your capital city, or from the AAT website), and
- within 28 days of receiving notification of the ASQA decision that you want reviewed.
Once your application has been lodged, you will receive a letter confirming receipt of the application and telling you what happens next.
What is the AAT review process?
In most cases, the first step in a review is a conference. This is an informal meeting conducted by the AAT with you and an ASQA representative. You will have a chance to talk about your case and explain why you think the decision should be changed. The AAT will, where possible, try to help you reach an agreement with ASQA about how the case should be resolved.
The AAT might hold a second conference or another type of meeting, such as a conciliation or mediation. Many cases are finalised at this stage.
If agreement cannot be reached, the AAT will hold a hearing and then make a decision.
The AAT's procedures and the amount of time needed to complete the review will vary from case to case. The AAT aims to have cases finalised within 12 months.
Timelines for steps in the process are available from the AAT website.
