Academy of Global Business Training Pty Ltd and Australian Skills Quality Authority

This matter concerned an application by the Australian Skills Quality Authority (ASQA) to dismiss an application made by the Academy of Global Business Training Pty Ltd (AGBTPL). ASQA sought dismissal under section 42(B)(1) of the Administrative Appeals Tribunal Act 1975, arguing that AGBTPL's application had no reasonable prospects of success or lacked substance. The dispute arose from AGBTPL's application for a change of scope of its registration as a Registered Training Organisation (RTO).

The primary legal issue before the Tribunal was whether AGBTPL's failure to meet criterion (j) of the Fit and Proper Person Requirements was fatal to its application for a change of scope. This criterion requires that an executive officer or high managerial agent of an RTO has not, at any time, been an executive officer or high managerial agent of an RTO that was determined to have breached a government training contract. The Tribunal was required to determine if this specific breach rendered AGBTPL's application incapable of success.

Deputy President S A Forgie P reasoned that compliance with Standard 7 of the RTO Standards was mandatory for AGBTPL when applying for a change of scope. Standard 7.1(b) mandates that executive officers or high managerial agents must meet the criteria specified in the Fit and Proper Person Requirements, including criterion (j). The Deputy President noted that the Fit and Proper Person Requirements are designed to ensure business viability and protect learners, and that a breach of a government training contract by an RTO where an individual held a senior position is a significant factor in assessing suitability. The Tribunal concluded that a failure to meet criterion (j) meant that AGBTPL could not satisfy the requirements for its application to proceed.

Consequently, the Tribunal ordered that the application for dismissal be refused, indicating that the matter would proceed to a full hearing on the merits, rather than being dismissed at this preliminary stage.