The Australian Skills Quality Authority (ASQA) has welcomed a decision from the Administrative Review Tribunal (ART) to affirm the cancellation of a qualification issued by former registered training organisation (RTO) Gills College (Gills College, trading as Elite College Australia and/or Sterling Business College).
Following extensive compliance investigations ASQA cancelled the registration of Gills College in November 2024, finding it was critically non-compliant and had issued qualifications and statements of attainment without adequate assessment and did not ensure students had successfully satisfied all requirements prior to issuing them with VET certification.
To protect the public and the integrity of the VET sector, ASQA subsequently cancelled the qualifications and/or statements of attainment that Gills College issued to more than 3,300 individuals.
Individuals were given the opportunity to demonstrate to ASQA that Gills College had provided them with the necessary training and/or assessment before their qualifications were cancelled.
An application to review ASQA's decision was made to the ART on 6 January 2025 (Tribunal Number: 2024/11286), by an individual who had obtained a Certificate III in Individual Support from Gills College after they made a payment to a third-party agent, Global Education Institute.
The ART considered whether, as required under the National Vocational Education and Training and Regulator Act 2011 (NVR Act) and the 2015 Standards for RTOs, Gills College provided the necessary training and/or assessment for the individual to receive a Certificate III in Individual Support.
The ART decision by Senior Member Harrowell on 17 October affirmed ASQA's cancellation of the qualification.
"There is little or no evidence the College did anything to ensure any training provided by Global to the applicant met the requirements of the 2015 Standards," Senior Member Harrowell said.
"The only available conclusion is that the required training and assessment necessary to achieve the learning outcomes for the Qualification and each of the courses in the Transcript has not been provided."
ASQA CEO Saxon Rice said that the decision affirms ASQA's approach to reducing threats to the integrity of VET.
"The integrity of VET qualifications is a primary focus - there is no place for any provider who seeks to undermine the sector or exploit students," Ms Rice said.
"As part of our ongoing program of work targeting non-genuine and bad-faith operators, ASQA is taking regulatory action where it is necessary to ensure the integrity of the VET sector and to protect the public. This includes cancelling the registration of non-genuine providers.
"ASQA is working with other government agencies, state and territory governments to prevent, detect, deter and disrupt fraudulent behaviour in the VET sector which undermines and threatens the vast majority of providers who are committed and capable of delivering quality VET outcomes for students, industry, and the community.
Since late 2024, ASQA has cancelled the registration of 15 providers who, following extensive compliance investigations, were found to have fraudulently issued qualifications without the appropriate training or assessment.
"To ensure public confidence in the qualifications gained through the VET sector, ASQA subsequently cancelled more than 29,000 qualifications and/or statements of attainment issued by those providers to more than 26,000 individuals and our scrutiny of these kinds of practices by non-genuine providers and bad-faith operators is ongoing," Ms Rice said.
Ms Rice said ASQA has provided information to students on unethical and misleading practices of non-genuine providers, brokers and agents attempting to lure them into enrolling through the promise of fast-tracked qualifications, often purporting to use a model of Recognition of Prior Learning (RPL) without the need for any training or assessment.
"Put simply, if it seems to be good to be to true, it probably is," Ms Rice said.
"Students should avoid marketing that includes phrases such as 'no classes to attend', 'no study or exams required', 'no time off work', 'receive your qualification in 7 days', '100% guarantee of a successful qualification' and 'fast tracked pathway to skilled migration'.
"Students should also be aware of marketing and sales tactics that promote an easier path to qualification by outsourcing assessments to unregulated third parties.
"RTOs are required to inform students about any third-party arrangements they are using, including who is providing training and assessment, and who is responsible for issuing qualifications."
Recognition of Prior Learning (RPL) is one of ASQA's Regulatory Risk Priorities for 2025-26, and guidance for students on RPL has been released including what to look out for when choosing a provider. Fact Sheet for Students - Recognition of Prior Learning