The Applicant conceded the broader regulatory action taken against Gills College was entirely appropriate and, generally speaking, their educational practices were deficient. The Tribunal observes, however, that ASQA did not specifically audit the Certificate IV in Disability course, as Gills College has sought to remove that course from the scope of its registration after notification of the intention to audit but before the audit had commenced.
That being said, I accept the Respondent's findings in the audit more generally, where ASQA found significant non-compliance with the 2015 Standards, including deficiencies in assessment practices in other courses, which reflect entrenched systemic issues. In those circumstances, it is open to infer that similar deficiencies are likely to be present across all courses delivered by the provider, including in the Certificate IV in Disability, particularly as there is no evidence to suggest the course would subject to materially different processes.
Even though there are no direct findings in respect of the Qualification arising out of the compliance action, in my view this does not preclude the consideration of the audit findings and evidence as a relevant circumstance.
When taken together with the finding the Applicant specifically did not receive the requisite training and assessment, I am satisfied on reasonable grounds that is appropriate for the qualification to be cancelled in all the circumstances. because of the action the Regulator has taken in respect of Gills College and the VET course to which the Qualification relates

The required training and assessment necessary to achieve the learning outcomes for the Qualification and each of the courses in the Transcript was not provided by Gills College. In the absence of any evidence that the Applicant has been provided with the training and assessment necessary to achieve the Qualification and satisfy the requirements for each of the courses in the Transcript, allowing the qualification to stand would defeat the purpose of s. 56 and the objects of the NVR Act.
Cancellation of the Qualification is the correct and preferable decision and therefore the Respondent's decision is affirmed.
For the avoidance of doubt the stay order dated 27 March 2025 is discharged.

[4] Stands for Commonwealth Register of Institutions and Courses for Overseas Students, which is an official register maintained by the Government under the Education Services for Overseas Students Act 2000 (Cth)

[19] All of the evidence related to the training and assessment is found in Exhibit R1, p4-408

[27] Shi v Migrations Agents Registration Authority [2008] HCA 31

[28] Re Ivy Education Group Pty Ltd and Australian Skills Quality Authority (2013) 134 ALD 446 at [30] and Re Echelon National Security Agency Pty Ltd and Australian Skills Quality Authority [2014] AATA 151 at [17]

[29] For example Rozario and Australian Skills Quality Authority [2025] ARTA 241 and Neupane and Australian Skills Quality Authority[2025] ARTA 959

Vocational Education and Training Regulator Act 2011

Review Tribunal Act 2024

Services for Overseas Students Act 2000

Neupane and Australian Skills Quality Authority [2026] ARTA 616 (19 April 2026)

Neupane and Australian Skills Quality Authority [2025] ARTA 959

Re Echelon National Security Agency Pty Ltd and Australian Skills Quality Authority [2014] AATA 151

Rozario and Australian Skills Quality Authority [2025] ARTA 241

Shi v Migrations Agents Registration Authority [2008] HCA 31

Shi v Migrations Agents Registration Authority

At a glance

Court

Decision date

Source

Judgment (9 paragraphs)

Parties

Legislation Cited (3)

Cases Cited (5)

Neupane and Australian Skills Quality Authority [2026] ARTA 616 (19 April 2026)