Policy and procedures for appeals against decisions of the Training Accreditation Council

Policy
Provides the framework for individuals to appeal to the Western Australian State Training Board against a decision made by the Training Accreditation Council.
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The Training Accreditation Council (TAC) is a statutory body responsible for making decisions regarding the registration of training organisations and accreditation of courses. This includes:

  • variations to a training provider’s scope of registration;
  • applying sanctions, suspending or cancelling a training provider’s registration; and
  • approving, suspending or cancelling course accreditation.

Under Sections 58B, 58C or 58E of the Vocational Education and Training Act 1996 (VET Act), a person may lodge an appeal to the WA State Training Board if they are dissatisfied with a decision relating to these matters and believes TAC has erred in its application of, or failed to apply a guideline or criterion it was required to apply. 

The full process for considering appeals is  outlined below, and detailed in the Policy for appeals against decisions of the Training Accreditation Council. It aims to ensure all appeals are considered in a consistent, transparent and just manner in accordance with the Act and the Vocational Education and Training (General) Regulations 2009.
 

View the policy for appeals against decisions of TAC

Lodging an appeal

Appeals should be in writing and lodged via email to the Office of the State Training Board at ostb@dtwd.wa.gov.au, within 21 days of the date you were notified of TAC’s decision. TAC will be notified that an appeal has been lodged, and the OSTB will acknowledge receipt of the appeal.

The appeal should:

  • clearly state that it is an appeal against a TAC decision;
  • clearly identify which guidelines or criteria that TAC erred in its application of or failed to apply;
  • explain why TAC was bound to apply the guidelines or criteria;
  • describe the alleged error and explain how TAC should have applied the guidelines or criteria.

Consideration of an appeal

The Board will advise the appellant whether the grounds for appeal are in scope for appeal, and convene an independent panel to review the appeal. Panel members will be experts with a mix of legal, training and industry skills and experience.

The review panel will prepare a report to the Board that recommends whether the appeal be allowed or not allowed, and states the reasons for this recommendation.

Results of an appeal

If the review panel recommends that an appeal should not be allowed, the Board must disallow the appeal. The Board will write to the appellant and TAC advising of the decision and the reasons for it, and provide a copy of the review panel’s recommendation.

If the review panel recommends that an appeal should be allowed, the Board will refer the matter back to TAC and request reconsideration on the decision appealed against. The Board must provide TAC with a copy of the review panel’s recommendation.

A decision on an appeal is final.