20170315 - WIA RTO still a cause for concern

Justin VK3JUZ and Stephanie VK3WET have shared with us their concerns about the ongoing misinformation being distributed by the Wireless Institute of Australia in relation to the status of training and the legal status of Amateurs licensed since the 31st of July 2014 when Silverdale Training / Trainsafe lost its status as a Registered Training Organisation. These concerns were first published on the VK Forum on the 8th of December 2016.

The WIA continues to assert that there are no concerns, even faced with written documentation to the contrary and has published a fact sheet entitled "WIA licence assessment system complies".

At the heart of this lies a clause of the Deed between the WIA and the Government Regulator, the ACMA:

WIA Nominated RTO means the Registered Training Organisation registered

in accordance with the Australian Quality Training Framework or other like

organisation appointed by the WIA to qualify Assessors and Learning

Facilitators and generally assist the WIA in the performance of its Statutory

Functions;

The phrase "in accordance with the Australian Quality Training Framework or other like organisation" is being interpreted in two ways:

• 1. the "or" refers to either a Registered Training Organisation, or another training organisation.

  2. the "or" refers to either an organisation registered with the Australian Quality Training Framework, or an organisation registered with another Training Framework.

The WIA contends that explanation #1 is valid, Justin, Stephanie and many other assessors assert that explanation #2 is correct. The ACMA is not willing to specify and the WIA is claiming that the Deed was altered to accommodate this interpretation, but no evidence of that exists, since the 2016 Deed is identical to the 2009 Deed in this section. The differences between the two deeds are cosmetic, replacing minor typographical items, see page 26 for an example where the Capitalisation of "EXECUTED AS A DEED" is changed to "Executed As A Deed".

The email goes into great detail and is reproduced here with the attachments added below. Also included is a PDF of the posts in the VK Forum as at Wednesday, 15 March 2017 and a copy of the WIA business rules downloaded from the ACMA website:

G'day, fellow Amateur Operators,

Mid-December last year, I made a number of assertions concerning Fred SWAINSTON, currently the Vice President and one of the Directors of the WIA, ( along with his Company, ‘Silverdale Training / Trainsafe’ ) - found within a number of postings of mine, over on vkforum.com.au.

These assertions of mine, were made commencing on Thursday the 8th of December, 2016 - with the last comment of mine relating to Fred, made on Wednesday the 14th of December, 2016.

( To view all of the assertions I had made on this specific Website, [ found under the original Post titled ‘You should FRY - When you LIE!’ ], see this link ;

http://vkforum.com.au/topic/22-you-should-fry-when-you-lie/ )

( At this point, you may now need to join this Forum in order to view this material.  Previously, this was not the case. )

These assertions of mine, were centred around Fred's own Company, 'Silverdale Training / Trainsafe' being utilised by the WIA, as the WIA's nominated Registered Training Organisation - when in fact, to do so was in complete contravention of the WIA's agreed minimums with the ACMA.

I drew an audience to this matter, originally with each and every WIA Learning Facilitator, Assessor and Nominated Assessor in Australia - pointing each of them to this serious breach, via a Posting I had made over on vkforum.com.au - as discussed above.

Before the conclusion of December last year, Fred had responded to my assertions, ( surrounding the suitability of his Company to be used by the WIA, as the WIA’s ‘Nominated Training Organisation’. )

This response of his, was formally made via eMail - back to each and every single WIA Learning Facilitator, Assessor and Nominated Assessor across Australia, as disclosed below ;

Good Morning All

Erroneous information has been circulated related to the WIA Assessor and Learning Facilitator training and the status of exams conducted by the WIA Assessors.  This erroneous information is related to the Registered Training Organisation status of Trainsafe Australia.

The facts are, that while Michael Owen (SK), was the President the issue of maintaining a Registered Training Organisation purely for WIA training of assessors and learning facilitators would not be a realistic ongoing proposition, due to the high cost of registration, maintenance of an RTO.  These discussions were brought to the ACMA consultation meetings and it was decided that a change to the Deed would be made to allow for flexibility in the Amateur Exam Service into the future.

Providing the training received by Assessors and Learning Facilitators is maintained at an agreed standard, that satisfied ACMA requirements and WIA registration requirements, the status quo has remained since the changes to the Deed.  Bi-annual reports including KPI's are provided to ACMA for review of service provision and maintenance of standards which is part of the Deed reporting requirements.

All exams conducted by WIA Assessors are valid and will continue to be so while the current structure is in place.

Fred Swainston VK3DAC

Trainsafe Australia

WIA Nominated Training Organisation

Although Fred’s response contained no evidence to back his own reply - ( concerning the suitability of Fred’s Company to be utilised by the WIA ) - I myself instead set out to prove that this response of his, was indeed yet another one of his world-famous falsifications of the truth.

( Take note that I have deliberately highlighted in BOLD, Fred’s assertions within his eMailed response - concerning an apparent agreement made between the WIA and the ACMA, surrounding an alleged change to the Deed. )

Given my own personal exposure to Fred’s well established ability to willingly falsify the truth - I now share with you, the broader Amateur Community, the details of this latest ‘bout of deceitful behaviour.

As it is classically stated, Fred - ‘Only the truth will set you free’ -

Well, as it turns out - the outcome of my own investigations has enabled me to provide each of you with two copies of the Deed ;

The first copy, signed by both parties - being the ACMA and the WIA - from back in 2009 ;

( This copy, represents the first occasion that the Deed was due for its first ever renewal, upon completing its very first 'five year term’. )

As can be seen in the ‘Definitions’ Section, ( found towards the bottom on Page 8 ), it is clearly stated that the WIA’s nominated Registered Training Organisation - MUST be a registered entity in accordance with the Australian Quality Training Framework, ( or other like Federally recognised body. )

Now back in 2009, ( when this version of the Deed was signed ), Fred’s Company, 'Silverdale Training  / Trainsafe', was indeed compliant with this requirement.

- Fast forward to July the 31st, 2014 -

ASQA, the Federal Government Department charged with the responsibility of overseeing the compliance and registration of all Registered Training Organisations in Australia - formally cancelled the RTO status of Fred’s Company, and struck it from the National Register.

Fred’s Company, ‘Silverdale Training / Trainsafe‘ - ( the WIA’s very own nominated Registered Training Organisation ) - from this point forward, ceased to be a valid RTO.

( See this link here - http://training.gov.au/Organisation/Details/7059 )

- And now, onto the second copy of the Deed -

This copy, although unsigned, was extracted from the WIA’s very own IT Infrastructure, during the second half of last year - 2016.

The actual name of this document, ( from the WIA’s very own IT System ) - is named, ‘ WIA ACMA Deed 2016.pdf ‘, and in its unadulterated form, is clearly - ( apart from a change to the typeface/font ) - identical to its 2009 counterpart.

So there it is -

Fred’s Company formally struck from the Federal Government’s National Register of RTOs - back in the middle of 2014.

The Deed, currently in force between the ACMA and the WIA, clearly stipulating that the WIA by ratified agreement, MUST engage the services of a valid Registered Training Organisation, ( when qualifying Assessors and Nominated Assessors ) - as is also spelled out within the constraints of the WIA Business Rules.

The WIA Business Rules, ( last ratified in 2011 ) - still unchanged, also still mandating that the WIA utilise the services of an RTO, and additionally still available for download from the ACMA’s very own WebSite ;

http://acma.gov.au/~/media/Spectrum%20Licensing%20Policy/Information/pdf/wia_contract_business_rules-july2011%20pdf.pdf

The Deed additionally clearly stating that the WIA was also permitted to transfer this requirement, across to any other suitably qualified RTO if the need be - ( See Pages 8 and 9, ‘Interpretation’ Section, Part 2.1, clause (e) )

But of course, make no mistake - Fred arrogantly and specifically chose, not to do so.

The only other version of the Deed, ( which appears to be more recent than the existing in-force 2009 ratification ), which was also found on the WIA’s own IT infrastructure - also shows no such change...

A change - which was asserted to have occurred between the WIA and the ACMA by none other than Fred SWAINSTON himself - was circulated out to each of the WIA's Learning Facilitators, Assessors and Nominated Assessors via the above eMail from him, late December last year.

To be 100% certain, [ and playing extra-safe ], additional communications made directly with the ACMA's own Spectrum Management Department - have also confirmed that there has been no change made to the Deed whatsoever, since the signing of the 2009 Copy - provided above for inspection, to each of you.

Fred SWAINSTON, Vice President of the WIA - caught out yet again, falsifying the truth - while currently serving as one of the Directors of the WIA.

Once again, I make the charge that the WIA has been operating in breach of its ratified agreed minimums - with the ACMA.

This shortcoming is to the point where it could successfully be argued that any and all Assessors and Nominated Assessors, qualified by Fred’s Company - ( post the 31st of July, 2014 ) - are completely invalid, null and void.

Further to this, any Amateur Examinations conducted with any of these unqualified Assessors present, could also be successfully argued - as completely invalid as well.

Wake up Australia!

Surely it is time for this incompetent, arrogant, and clearly deceitful individual - to be removed from the WIA forever...

Vote a firm NO-for-SWAINSTON, in the upcoming 2017 WIA Elections - if you have not already done so -

Warmest Regards,

Justin-Ley and Stephanie CRISP

VK3JUZ and VK3WET

vk3juzandvk3wet@aol.com