Action against training provider who failed to deliver (A & J Training and Assessing / Andre Bucci)
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Consumer Protection has taken action against a training provider offering courses in high risk work who has failed to provide the services which include submitting a licence application for workers who have completed the training.
A & J Training and Assessing Pty Ltd, of Mandurah, and its sole Director Andre Edward Bucci, have entered into an enforceable undertaking requiring him to provide Consumer Protection with a list of trainees who have been issued, or been entitled to be issued, with a Notice of Assessment (NOA) after completing the training and assessment.
A & J Training and Assessing, as a training provider, must submit the NOA to a Registered Training Organisation (RTO) which then issues a Statement of Attainment (SOA). This documentation should then be submitted with the supporting documents and necessary fees to WorkSafe at which point a licence for that specific class of high risk work would be considered. A & J Training and Assessing Pty Ltd is not an RTO.
A trainee issued with an NOA is able to continue work for 60 days, but must discontinue work if the application has not been submitted to WorkSafe within that timeframe.
Consumer Protection and WorkSafe have received numerous complaints in recent months from trainees who have paid for and completed their courses but have yet to have their documentation either submitted for assessment by an RTO, or submitted to WorkSafe to allow a licence to be issued.
Under the terms of the undertaking, Mr Bucci must complete the services the company agreed to provide to the trainees within 14 days, including the issuing of the NOA, obtaining an SOA and submitting a completed application and all necessary supporting documents and fees to WorkSafe. If this cannot be done then Mr Bucci is to refund affected trainees any amounts paid for those services within the 14 days.
If Mr Bucci fails to comply with the terms of the undertaking, the Commissioner for Consumer Protection may take enforcement action in the Supreme Court.
Acting Commissioner for Consumer Protection Gary Newcombe said to accept payment for a service but not deliver is in breach of the Australian Consumer Law.
“We are concerned that the failure of Mr Bucci and his company to complete the licensing process has prevented workers from continuing in their trained occupation, causing inconvenience and financial detriment to those involved,” Mr Newcombe said.
“Consumer Protection is working with WorkSafe to ensure that the proper procedures are followed and the correct documentation is submitted in order to issue the relevant licences so workers who have completed the A&J training can get exactly what they paid for.”
Workers who have completed courses with A & J Training and Assessing and have yet to receive valid documentation, should contact Consumer Protection on 1300 30 40 54 or email firstname.lastname@example.org.
The undertaking can be viewed at: www.commerce.wa.gov.au/undertakings.
Enquiries about High Risk Work licences can be made by calling WorkSafe on 1300 307877 or visiting their website: www.worksafe.wa.gov.au.
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Alan Hynd (08) 6552 9248 or 0429 078 791
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