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Showing posts from May, 2019

Can you register an RTO just to sell it?

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In small business, the establishment phase is the most challenging. This crucial period can make or break a business and will shape the essence of the organisation for years to come. Some entrepreneurs thrive in such conditions, whereas some people struggle to keep afloat. It is common practice for one person to establish a business and, once it is established, sell it to another. So, can you register a Registered Training Organisation (RTO) just to sell it? We unpack this question by examining the Australian Skills Quality Authority’s (ASQA) current policy and discussing the finer legal issues. The answers might surprise you. ASQA’s current position ASQA reports that much of its limited resources are allocated to regulating small, newly established RTOs. In an attempt to plug this drain on its resources, ASQA has been increasing scrutiny on new entrants to the vocational education and training (VET) sector. ASQA has a new strategy for assessing initial applica

Can I sue ASQA for damages?

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In the current environment, an increasing number of people feel that they and their Registered Training Organisations (RTOs) have suffered loss and damage due to what they believe are wrongful acts or omissions on the part the Australian Skills Quality Authority (ASQA). The question that these people want answered is:“ Can I sue ASQA?” Read on for more details. (1) Reviewing a decision vs. suing ASQA There is a difference between applying to have a decision reviewed and suing for damages. If asqa solicitor makes a decision that you disagree with (for example a decision to cancel your RTO registration), you can usually apply to review the decision internally with ASQA and/or with the Administrative Appeals Tribunal. A review is an administrative process where the decision maker (either ASQA or the tribunal) will make a new decision. Reviewing an ASQA decision is different from suing ASQA. You would sue ASQA to recover loss and damage that they have wrongfully

What to do if ASQA cancels your RTO registration

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Your Registered Training Organisation’s (RTO) has received notice from the Australia Skill Quality Authority (ASQA) that your RTO registration will be cancelled in 28 days. What do you do? Read this article. First things first, seek legal advice When the future of your business hangs in the balance, there is no time to delay. You should seek legal advice ASAP to ensure you do all you can to protect your RTO. A legal professional can assess your case and help you take the necessary steps to keep your RTO operating. One of the options your lawyer may suggest is to apply to the Administrative Appeals Tribunal (also known as the AAT) for a review of ASQA’s decision. The General Division of the tribunal will look at the ASQA’s decision to cancel your registration again and make a new decision. Luckily, the tribunal can consider new information and further steps your rto law firm has taken to be compliant with RTO laws and the regulations. Applying to have the regist