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Education regulator won't release list of those linked to failed private training colleges Education regulator won't release list of those linked to failed private training colleges
(7 months later)
A list of 120 people involved in failed private training colleges is being withheld by the federal government’s education regulator, despite fears that the same people may be involved in setting up new colleges.A list of 120 people involved in failed private training colleges is being withheld by the federal government’s education regulator, despite fears that the same people may be involved in setting up new colleges.
The Australian Skills Quality Authority has cancelled the registration of dozens of providers because of their poor standards.The Australian Skills Quality Authority has cancelled the registration of dozens of providers because of their poor standards.
Asqa keeps a list of people who have been involved in training providers that have had their registrations cancelled or are being monitored for poor performance.Asqa keeps a list of people who have been involved in training providers that have had their registrations cancelled or are being monitored for poor performance.
Related: Private training colleges may face ban on using brokers to sell courses
But the agency refused to release the list in response to a freedom of information request, arguing it would divert resources because the agency would need to consult every person on the list before disclosing it.But the agency refused to release the list in response to a freedom of information request, arguing it would divert resources because the agency would need to consult every person on the list before disclosing it.
Asqa’s FoI officer, Terence Bowden, wrote that “a significant number of third party consultations” would be required, and that this would “significantly and unreasonably divert the resources of Asqa from its other operations”. In a separate email another FoI officer wrote that this was because Asqa would need to send a letter to each of the individuals named and possibly the training entities as well.Asqa’s FoI officer, Terence Bowden, wrote that “a significant number of third party consultations” would be required, and that this would “significantly and unreasonably divert the resources of Asqa from its other operations”. In a separate email another FoI officer wrote that this was because Asqa would need to send a letter to each of the individuals named and possibly the training entities as well.
The need to consult third parties under the Freedom of Information Act is only required in circumstances when release of information is likely to invoke an exemption, for example on privacy grounds or because the information is commercial-in-confidence.The need to consult third parties under the Freedom of Information Act is only required in circumstances when release of information is likely to invoke an exemption, for example on privacy grounds or because the information is commercial-in-confidence.
Recently the Administrative Appeals Tribunal ruled against the attorney general, George Brandis, when his office made similar arguments to attempt to prevent him processing an FoI request for his ministerial diary.Recently the Administrative Appeals Tribunal ruled against the attorney general, George Brandis, when his office made similar arguments to attempt to prevent him processing an FoI request for his ministerial diary.
The Asqa chief commissioner, Chris Robinson, referred to the list in response to questions from Labor’s Kim Carr in Senate estimates in October. Carr had raised concerns that operators of failing colleges could be starting up new training organisations with limited scrutiny.The Asqa chief commissioner, Chris Robinson, referred to the list in response to questions from Labor’s Kim Carr in Senate estimates in October. Carr had raised concerns that operators of failing colleges could be starting up new training organisations with limited scrutiny.
Robinson told Carr: “We have a list of persons who, when they have had a cancellation of their registration, have some bands of limitation – if you like – for them to be involved as high-managerial agents in another RTO [registered training organisation] for a period of two years under the act.”Robinson told Carr: “We have a list of persons who, when they have had a cancellation of their registration, have some bands of limitation – if you like – for them to be involved as high-managerial agents in another RTO [registered training organisation] for a period of two years under the act.”
Asqa’s freedom of information officer said the list was not limited to cancellation decisions.Asqa’s freedom of information officer said the list was not limited to cancellation decisions.
“The document at issue refers to persons generally, not just to persons directly involved in the operation of a registered training organisation which has been cancelled,” she wrote.“The document at issue refers to persons generally, not just to persons directly involved in the operation of a registered training organisation which has been cancelled,” she wrote.
Related: New law to protect students from misleading private training colleges
A separate freedom of information request from Guardian Australia sought access to every “third party” notification from a private education college in 2015, which would name the private brokers and subcontractors they use.A separate freedom of information request from Guardian Australia sought access to every “third party” notification from a private education college in 2015, which would name the private brokers and subcontractors they use.
Brokers fall outside some of Asqa’s regulatory powers that apply to registered training organisations, because they do not need to be licensed by Asqa to conduct training roles.Brokers fall outside some of Asqa’s regulatory powers that apply to registered training organisations, because they do not need to be licensed by Asqa to conduct training roles.
The ACCC is currently prosecuting Acquire Learning for allegedly making false and misleading representations in its role as a broker.The ACCC is currently prosecuting Acquire Learning for allegedly making false and misleading representations in its role as a broker.
The agency again refused to release the information on the grounds that it would need to consult every broker – and potentially every educational provider – before releasing the information.The agency again refused to release the information on the grounds that it would need to consult every broker – and potentially every educational provider – before releasing the information.
Asqa has an overriding power to release documents about the vocational education system if it would help inform prospective students’ choices about enrolment.Asqa has an overriding power to release documents about the vocational education system if it would help inform prospective students’ choices about enrolment.