Review of an ASQA decision
ASQA, as the national VET regulator, makes decisions about the registration of RTOs and the accreditation of VET courses. Some of these decisions are ‘reviewable decisions’, which means they may be contested through an internal review, which is known as ‘reconsideration’.
As an ESOS agency, ASQA also makes decisions about the registration of providers on CRICOS. Some of these decisions are ‘reviewable decisions’, and may also be contested through an internal review.
An internal review is an opportunity to provide further information and evidence to ASQA.
Which decisions can be reviewed by ASQA?
Decisions specified under section 199 of the National Vocational Education and Training Regulator Act 2011 (NVR Act) or under 169AB of the Education Services for Overseas Students Act 2000 (ESOS Act) are reviewable by ASQA if the decision was made by someone other than the ASQA Chief Commissioner (a ‘delegate’). Decisions which are eligible for review are listed below.
When we make a decision about a provider or course, we issue a decision letter that explains the review options which apply to that decision.
Your decision letter will explain which options apply in your situation. If you are still unclear as to your options, please contact the ASQA Info Line on 1300 701. You can also seek your own legal advice.
We will sometimes make multiple reviewable decisions at the same time, often under both the NVR and ESOS acts. Decisions which were made at the same time can be addressed together in a single application for review.
How do I apply to ASQA for review of a decision?
You may apply for review of a decision using the Application for ASQA to review a decision form.
You must apply within 30 days of notice of our decision or, if you have requested an extension to submit your application and we have granted the extension, within the extended period.
How do I request an extension to the application period?
To request an extension of time to submit your review application please email email@example.com with the following details:
- Your name
- The name and provider code of the organisation to which the request relates
- The decisions you will be asking ASQA to review
- The extended date by which you will make your review application
- The reasons ASQA should consider your request for an extended application period
- The reasons ASQA should consider your request to extend or stay the effective date of the decisions (see below).
We may decide to extend the date the decision will take effect, to take into account the extended time you require to lodge your review application. Note that in doing so, we may ask that you agree to certain registration conditions during that period.
Will ASQA extend the date that its decision will take effect or stay the operation of its decision?
When you submit an application for review, you can request that we delay (or ‘stay’) the date that our decision takes effect until the review process has concluded.
An agreement to stay the decision may come with registration conditions which we will ask you to agree to until the review is complete.
Is there a fee?
The fee payable for an application for review of a decision is identified in ASQA’s fees and charges schedule.
What is the process for reviewing a decision?
The review will be conducted by an ASQA staff member who was not involved in making the original decision, and who is more senior than the person who made the original decision.
The person reviewing the decision has the authority to affirm, vary or revoke the decision.
In reviewing the decision, we will consider the review application, any additional information provided with the application and the evidence on which the original decision was made.
How long does it take for a decision to be reviewed?
You will be advised in writing of the review outcome, and of the reasons for our decision within 90 days of ASQA receiving your review application.
Further rights of review
If you are not satisfied by the outcome of a review by ASQA, you may apply to have the decision further reviewed by the Administrative Appeals Tribunal (AAT).
An appeal to the AAT must usually be made within 28 days of receiving the outcome of your review from ASQA.
More information on applying to the AAT is available on the AAT review of ASQA’s decisions page.