Challenging an ASQA Decision to take Regulatory Action

ASQA can make regulatory decisions about your business which significantly and adversely impact operations such as:

• cancellation of your registration;
• suspension of your registration;
• imposing a condition on your registration;
• a rejection of an application to change the scope of registration, and
• refusing your application for initial registration.

If you’ve received correspondence from ASQA notifying you of their intention to make a decision and you wish to appeal it in the Administrative Appeals Tribunal (AAT), there are extremely short timeframes in which to lodge your application. You must file an application to review a decision within 28 days from the date of the notification of the decision. It is worthwhile getting urgent legal advice from experienced RTO lawyers to give your appeal application the best chance of success.

We often advise our clients to make an application for a stay of the decision as well as a review of the decision, because by the time of the hearing of your review application, the decision has often come into affect and has forced your RTO to stop training and assessing students, depriving you of funding, and ultimately closing your RTO permanently.

Every case will be different and the facts will determine which option is best for you. At Gorval Lynch we deal with ASQA daily and have been representing clients to fight for their interests and obtain the best possible outcome. Give us a call today to discuss your case free of charge and understand your next steps.