Expert Witness
Looking to start an RTO? Or just need compliance advice? Call us today on (02) 9419 4939

Expert Witness and Non-Compliance Help

If you are worried and feeling overwhelmed about the survival of your RTO due to non-compliance matters, give us a call first.   

ASQA sets clear expectations—through legislation, standards and requirements—for registered training organisations (RTOs) and course owners to take responsibility for the quality of their qualifications and services.

ASQA expects that all RTOs will meet these standards. Most organisations will recognise the value of regulation and want to comply with the requirements.
An RTO’s own quality processes should make sure that they do not inadvertently fail to meet the standards.

Often, it is within the interpretation of the Standards that cause confusion resulting in non-compliance.

However, from time to time ASQA may identify instances of non-compliance, and if these are not rectified within a stated period, the RTO may attract a sanction or penalty.



Free yourself of the worry. Get it right the first time – call Phoenix Compliance Management.

ASQA’s enforcement powers include a range of sanctions. In addition, ASQA may seek a civil penalty order from the Federal Court of Australia, or the Federal Magistrates Court. Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) providers must also comply with the Education Services for Overseas Students Act 2000 (ESOS) legislative framework under which ASQA can impose sanctions or issue infringement notices for non-compliance.

ASQA has enforcement powers applicable to breaches of the Standards for Registered Training Organisations 2015.

Decisions of ASQA may be reviewable under the National Vocational Education and Training Regulator Act 2011.

The imposition of an administrative sanction is a reviewable decision under Section 199 of National Vocational Education and Training Regulator Act 2011 if the sanction is:

  • a cancellation of registration
  • a suspension of part or all of scope of registration
  • a shortening of the registration period, or
  • an amendment to scope of registration.


The Act provides a range of sanctions of increasing severity, escalating from enforceable undertakings and additional conditions on registration through to suspending or cancelling the registration of an RTO.

ASQA will apply these powers and sanctions with proportion, rigour, fairness and consistency.
Overwhelmed QMS

Types of sanction

ASQA may:

·         amend or shorten registration or accreditation
·         impose conditions on a registration or an accreditation
·         issue directions under the legislation for an organisation to take specific steps or refrain from doing certain things
·         suspend or cancel registration or accreditation
·         issue infringement notices as an alternative to prosecution
·         prosecute organisations that breach the legislation.

RTOs and course owners may seek the review of an ASQA decision.


Reviewable decisions

Decisions of ASQA may be reviewable under the National Vocational Education and Training Regulator Act 2011.

The imposition of an administrative sanction is a reviewable decision under Section 199 of National Vocational Education and Training Regulator Act 2011 if the sanction is:

·         a cancellation of registration

·         a suspension of part or all of scope of registration

·         a shortening of the registration period, or

·         an amendment to scope of registration.

RTOs may apply to the Administrative Appeals Tribunal (AAT) for review of an ASQA decision in certain circumstances.

The AAT provides an independent review of a wide range of administrative decisions made by Australian government agencies. 


Now let the real battle begin!

Phoenix Compliance Management can help you rectify the non-compliance issues, provided the evidence report to respond to ASQA and importantly, they can represent you and your RTO at Administrative Appeals Tribunal (AAT) - if required. 

Phoenix has been engaged by numerous RTOs in several tribunal court cases against the state and national registration bodies, resulting in positive outcomes.

95% of these cases have been successfully defended against regulator decisions.

We encourage a 'win win' outcome to ensure an ongoing positive relationship with the regulator.

This has provided support to RTOs in their hour of need but, it is not the intention of the organisation to actively work against the Regulators.                                            

We have serviced over 255 RTOs during the years - many of which, we are proud to report, have continued to use our services.             

Chris Stephens and his team have over 45 years of auditing, compliance, systems management and business development experience. 

Fifteen years ago, Chris Stephens, as a very experienced VET auditor, established Phoenix Compliance Management.

He has been providing expertise and advice in assisting organisations to estabish and maintain quality systems.

Joined by experienced industry staff and auditors along with RTO owners, Phoenix Compliance has the advantage of frontline knowledge in owning and operating an RTO.

We understand and we can actually relate to all your day-to-day management, compliance, financial and operational challenges.

If you need some advice or help with your RTO - give us a call. It will be a phone call well worth making. (02) 9419 4939

 

Contact

Phoenix Compliance
ABN: 504 045 28 700

Chris Stephens - Director

PH: (02) 9419 4939
Mob: 0450 300 824
 
Address: Level 2, 11 Spring St,
Chatswood NSW 2067