ACTA College Pty Ltd and Australian Skills Quality Authority

This matter concerned an application by ACTA College Pty Ltd (ACTA) for a stay of a decision made by the Australian Skills Quality Authority (ASQA). ASQA had notified ACTA on 4 September 2019 that its registration as a Registered Training Organisation (RTO) would not be renewed, with its registration set to expire on 9 October 2019. The decision was made following audits that identified non-compliance with several clauses of the Standards for Registered Training Organisations 2015. The application for a stay was heard by Mr Rob Reitano, Member.

The legal issues before the Member were whether to grant a stay of ASQA's decision not to renew ACTA's registration. In determining this, the Member was required to consider the principles relevant to granting a stay, including the interests of persons affected by the review, the prospects of success of ACTA's substantive case, and the public interest. ASQA argued that granting a stay could undermine its regulatory authority and the commitment of RTOs to ongoing compliance.

The Member reasoned that a stay was desirable in the circumstances, particularly considering the interests of ACTA, its staff, and its approximately 135 students, who would likely face significant difficulty, inconvenience, and delay in completing their studies if the decision was not stayed. This conclusion was fortified by a report from a consultant engaged by ACTA, Mr Tony Feagan, which strongly suggested that ACTA had rectified the identified non-compliances and was now compliant with the Standards. The Member noted that ASQA retained the ability to seek revocation or variation of the stay if ACTA failed to maintain compliance.

Consequently, the Member made an order staying ASQA's decision of 28 August 2019 to reject ACTA's application for renewal of its registration as a registered training organisation. No conditions were imposed on the stay, given the findings regarding ACTA's current compliance.