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Appeals against decisions of the Training Accreditation Council

A person who is dissatisfied with a decision of the Training Accreditation Council made under:

  • section 58B (relating to Registration);
  • section 58C (relating to Accrediting Courses);
  • section 58E (relating to cancelling approved VET qualifications);

may appeal against it to the State Training Board under section 58G of the Vocational Education and Training Act 1996.

Section 58G(2) requires that "an appeal can be only on the ground that, in making the decision appealed against, the Council erred in its application of, or failed to apply criteria or procedures in, guidelines it was required to apply under section 13 or by the regulations".

The State Training Board cannot undertake a merits based review of the Training Accreditation Council decision.                    The Board can only investigate the process the Council used to make the decision being appealed against.

Appealing a decision

An appeal must:

Be commenced within 21 calendar days after the date on which the appellant was notified of the decision.

The State Training Board cannot accept an appeal after the 21 calendar days have expired. The 21 calendar days are calculated from the date you were first notified of the decision (for example, if you were provided a copy of the decision from the Council via email, you are deemed to have been notified on the date of the email). It is your responsibility to ensure that your appeal is lodged in the time allowed under the VET Act. If no appeal is lodged during the 21 day period the decision of the Council takes effect.

Be in writing and clearly state the decision that you are appealing against.

Appeals should be addressed to the Chair of the State Training Board. Appeals can be lodged via email to ostb@dtwd.wa.gov.au.

Clearly state the decision that you are appealing against for example, I am writing to appeal the decision made by the Training Accreditation Council on (date) to (cancel my registration). It would assist the State Training Board to provide a copy of the letter from the Training Accreditation Council stating the decision being appealed against.

Clearly state the grounds of the appeal.

Your appeal should be concise. The appeal must:

  • Specifically identify which guidelines, policies and/or procedures the Council was required to apply in making its decision that are relevant to the appeal.
  • If the appeal relates to the Council having 'failed to apply' guidelines, policies or procedures:
    • Identify the relevant provision(s) of the guideline(s) (i.e. criteria/procedure) the Council was required to apply;
    • Identify the basis that the Council was bound to apply the criteria/procedures; and
    • Explain the impact the failure to apply the criteria/procedures has made to the decision.
  • If the appeal relates to the Council having 'applied, but in error' guidelines, policies or procedures:
    • Identify the relevant provision(s) of the guideline(s) the Council is alleged to have applied in error;
    • Identify the error alleged to have been applied by the Council;
    • Identify how the criteria/procedure should have been applied; and
    • Explain the impact the alleged error has made to the decision.

Please note: Failure to identify a viable ground of appeal can be fatal to an appeal.

 

Disclaimer: The State Training Board endeavours to provide what assistance it can to prospective appellants in relation to relevant procedures. However, it cannot provide legal advice, and does not purport to do so. Ultimately, the responsibility to comply with the Vocational Education and Training Act 1996 requirements for a valid appeal has to fall on the prospective appellant. Prospective appellants are encouraged to seek their own independent legal advice.