Federal Court Finds Online Training Provider Misled Consumers Over RSA And White Card Courses

The Federal Court has found that online training provider Express Online Training engaged in misleading and deceptive conduct over its responsible service of alcohol (RSA) and construction industry induction (White Card) courses, following proceedings brought by the Australian Competition and Consumer Commission.

The company, which trades under the name RSA Express, was found to have breached the Australian Consumer Law at various times between 2019 and 2023 through representations made in Google and Bing advertisements and on its own website.

The ACCC’s case centred on two core claims the provider made to prospective students: that they would only have to pay after passing the course, and that they could complete the course and receive certification on the same day.

Neither claim reflected how the courses actually worked.

Pay only when you pass – except that was not the case

The court found that Express Online Training represented to consumers they would only pay, or be asked to pay, for courses after they had passed. Statements including “Pay Only When You Pass” and “Best of all – with us you don’t have to pay until you pass!” appeared in online advertisements and on the provider’s website.

In practice, consumers who registered were required to read course material and correctly answer a lengthy questionnaire. They were then prompted to pay for the course despite not having completed it.

After paying, consumers were notified that they had to complete additional tasks before receiving their certification. In some cases, those tasks could not be booked on the same day, or for several days afterwards.

Express Online Training did not admit to this breach. The finding was made by the court following a contested hearing.

Same day certification claims also found to be misleading

The provider also advertised courses with the claim “Same Day Interim Certificate,” suggesting consumers could enrol, complete the course and receive their qualification within a single day.

The court found this was not the case. The additional tasks required after payment meant that same-day completion was not achievable for a number of consumers.

Express Online Training admitted that it had breached the Australian Consumer Law in relation to these same-day certification representations.

Consumers paid but did not finish courses

The ACCC’s investigation revealed that a significant number of consumers who paid for RSA and White Card courses did not go on to complete the full course requirements. The court found that Express Online Training earned significant revenue from these consumers.

Mick Keogh, Deputy Chair of the ACCC, described the conduct as a concern for consumer protection.

“Many consumers paid for the course when prompted, thinking they had completed the course, when this was not the case,” Keogh explained. “We understand that many consumers who paid for the ‘same day’ training couldn’t complete the course in their expected timeframe.”

“Consumers deserve accurate information about the courses they’re enrolling in, particularly in relation to the time it takes to get the qualification,” he continued.

Keogh added that the rate of non-completion among paying customers was a particular focus for the regulator.

“The ACCC was very concerned that many consumers who paid for an Express Online Training course prior to completion did not go on to complete the course,” he told media.

Penalties yet to be determined

The court will decide on penalties and other orders at a separate hearing. The ACCC is seeking declarations, pecuniary penalties, injunctions, corrective notices and consumer redress.

The proceedings were first instituted by the ACCC in the Federal Court in November 2023.

A registered training organisation operating nationally

Express Online Training is a registered training organisation that supplies online training courses to consumers through its website.

The provider offers RSA courses to consumers in every Australian state and territory. It also offers construction induction training – the White Card course – in Western Australia and Tasmania.

RSA certification is a mandatory requirement for anyone working in the hospitality industry where alcohol is served, while the White Card is required for workers entering construction sites. Both qualifications are commonly sought by younger workers, casual employees and people entering new industries, making accurate advertising around cost and timeframes particularly relevant to consumer protection.

The case adds to a broader pattern of ACCC enforcement action against education and training providers over misleading advertising. The regulator has previously pursued providers across vocational education and higher education for conduct including misleading fee representations, overstated employment outcomes and deceptive enrolment practices.

The quantum of any penalties and the scope of consumer redress will be determined at the subsequent hearing.

Last Updated on June 13, 2026 by Nick Ross