Rules common to every mark

CAQA Certified, part of CAQA Groups and a Career Calling International Pty Ltd (ABN 53 162 651 238) initiative, publishes these Certification Mark Rules, and the elements in this section apply to every CAQA Certified mark. In the formal rules for each certification trade mark, these common elements are repeated or cross referenced so that each mark carries a complete set of rules. Setting them out once here keeps them consistent across the whole program.

3.1 Who may hold a mark

A mark may be held by an entity that carries on business in Australia and holds a current Australian Business Number, and whose identity and standing can be verified against the Australian Business Register and, where the entity is a company, against ASIC. The scope of certification is the specific entity assessed. A mark does not extend to related entities, franchisees or business lines that were not part of the assessment.

3.2 The approved certifier

An assessment is carried out by an approved certifier. To act as an approved certifier for the program, a person must hold recognised compliance or audit credentials, such as ISO lead auditor certification or an equivalent professional qualification relevant to the mark being assessed, must have a minimum of five years of relevant assessment experience, and must have no financial or personal interest in the applicant that would compromise independence.

For the specialist practice marks, the approved certifier must also hold the relevant domain competence. Cyber Safe is assessed by a person holding a recognised information security qualification. Privacy and Data Protection is assessed by a person with demonstrated privacy competence. Financially Sound Provider is assessed by a person holding a CPA or Chartered Accountant qualification. Accessible and Inclusive Provider is assessed by a person with demonstrated accessibility competence.

3.3 How marks are assessed

The program uses an evidence first assessment against published criteria. The applicant lodges an application and a signed declaration, then submits the evidence set out for each mark. The approved certifier verifies the applicant's identity and standing against the Australian Business Register and ASIC, then assesses the evidence against the published criteria. Where a mark requires it, a verification interview or a review of systems or premises is conducted. The certifier makes a determination. On a positive determination, a licence is issued, a unique certificate identifier is allocated, and the certificate is listed on the public register.

3.4 Term, re-verification and notification of change

Certification is valid for twelve months from the date the certificate is issued. A holder must complete re-verification before the expiry date to keep the certificate current. A holder must notify CAQA in writing within fourteen days of any change that affects eligibility, unless a shorter period is specified for a particular mark, in which case the shorter period applies. Where a criterion for a mark is no longer met, the holder must cease use of that mark immediately.

3.5 Suspension, lapse and revocation

A certificate lapses on its expiry date where re-verification has not been completed. CAQA suspends a certificate, pending review, where evidence indicates that the criteria are no longer met. CAQA revokes a certificate where the holder no longer meets the criteria, where the holder provided false or misleading information, or where the holder has misused the mark. The public register is updated promptly to show current, lapsed, suspended or revoked status, because keeping the register honest is what keeps every holder's mark meaningful.

3.6 Dispute resolution

Disputes are resolved in two stages, which together satisfy the requirements of section 173 of the Trade Marks Act 1995 (Cth). At stage one, an internal review is conducted by a senior reviewer who was not involved in the original decision, and a determination is made within twenty business days. At stage two, an independent review is conducted by an external reviewer who is independent of CAQA Groups, and that determination is final for the purposes of the rules. Nothing in the rules limits a person's rights under the Australian Consumer Law or a person's right to take a matter to the courts.

3.7 Fees

All initial and ongoing fees are published and form part of the rules and the agreement for each mark. Fees fund the assessment work, the maintenance of the register and the annual re-verification that make a mark worth displaying. The current program tiers are the Mark Licence tier for a single mark, the Certified Business tier for up to three marks, and the Certified Impact tier for the full set of marks, each charged per organisation on an annual basis. Fees are reviewed periodically, and the fees in force at the time of application apply.

Questions and contact

If you have any questions about these Certification Mark Rules, how they apply to your organisation, or the status of a certificate, contact CAQA Certified by email at info@caqa.com.au, by phone on 1800 266 160, or through our contact page.