Suspension and expulsion
The purpose of this policy is to:
- determine the principles and practices for the suspension and expulsion of auspicees.
- Maintain compliance with the Standards for Registered Training Organisations.
- Protect students under consumer law.
- If an auspicee fails to comply with its agreement or the requirements of the standards for Registered Training Organisations, it will rectify those non-compliances to the satisfaction of the Centre within thirty days.
- If an auspicee fails to comply with its agreement, the Centre has the sole discretionary
right to:
- choose to suspend it and determine any conditions relating to the suspension or
- terminate its status within ACAS forthwith on the grounds of breach of agreement.
- report violations of the National Vocational Education and Training Regulator Act.
- The Centre may suspend auspicees immediately for:
- serious or repeated breaches of policies and or procedures which may in the opinion of the Executive Committee endanger the registration of ACAS as a Registered Training Organisation
- non-payment of fees.
- Suspension is as follows:
- The auspicee may not make any undertaking whatsoever (including orally) that gives the impression it is authorised to offer Nationally Recognised Training under the auspices of ACAS.
- It may not advertise its programs in any way whatsoever as Nationally Recognised under the
auspices of ACAS.
- It may not advertise its programs in any way whatsoever as Nationally Recognised
Training.
- It may not use the ACAS name or logo in any advertising.
- It may not enroll new students in Nationally Recognised Training.
- ACAS will not issue qualifications or Statement of Attainment for those students.
- Students may not obtain government benefits for studies (e.g. Austudy, Abstudy, Youth Allowance).
- If an auspicee in any other way appears to have failed to comply with its obligations in terms of its agreement with ACAS or with the policies and procedures of ACAS, or other requirements relating to its role as an auspicee, the officer at the Center will follow the steps below:
- In the first instance attempt to clarify the matter by direct contact as soon as
possible.
- If no satisfactory clarification is made, then the Centre will write to the auspicee
asking for a written response.
- If the answer is not satisfactory or if no response is forthcoming within seven days,
then the Center will issue a written notice requiring the auspicee to immediately
rectify the matter.
- If the answer is not satisfactory or if no response is forthcoming within seven days
after that, then the auspicee will be deemed to be suspended, and the matter
referred to the ACAS Executive Committee with a view to expelling the auspicee.
__________
*Automatic suspension
means that no further notice shall be necessary.
Cessation of membership as a college
- If a college is to cease its relationship with ACAS for any reason whatsoever, then prior to cessation, it shall provide ACAS with a copy of all such records as are necessary for ACAS's continued responsibilities to any parties, including but not limited to:
- past and present students,
- ASQA Standard compliance and audit requirements.
- ACAS shall provide qualifications and Statements of Attainment for all students for whom all accreditation and contractual requirements (including payment) have been met.
- ACAS will not provide qualifications and Statements of Attainment or transcripts if those requirements have not been met, and the former auspicee shall be responsible for all liability of any kind whatsoever pertaining to those students.
- If students cannot be granted qualifications and Statements of Attainment because their auspicee has failed to comply with ACAS requirements, then, under consumer laws, they have not provided students with what they paid for. Consequently, the auspicee must normally either:
- Transfer students to another ACAS auspicee and pay all fees, or
- Transfer students to another Registered Training Organisation and pay all fees.
- Fully refund all student fees related to those studies.