Ad Astra Institute Pty Ltd and Australian Skills Quality Authority

Ad Astra Institute Pty Ltd sought review of decisions made by the Australian Skills Quality Authority (ASQA) to cancel its registrations. Ad Astra applied to the Administrative Appeals Tribunal (AAT) for a stay of these decisions pending the substantive hearing of its review applications, and also requested an expedited hearing. ASQA opposed the stay application but consented to the expedited hearing.

The primary legal issue before the Tribunal was whether to grant Ad Astra's application for a stay of the reviewable decisions. This required the Tribunal to consider Ad Astra's prospects of success in the substantive review, the interests of persons affected by the decisions, and whether a stay was otherwise necessary to ensure the purposes of the AAT Act were achieved. Ad Astra also contended that crucial evidence and legal authorities had not been presented to the Tribunal, and that it was surprised by ASQA's position on its venue application at the stay hearing.

The Tribunal reasoned that Ad Astra had not been surprised by ASQA's concerns regarding its premises, as these issues were foreshadowed in ASQA's written submissions and detailed in an affidavit served on Ad Astra well before the stay hearing. The Tribunal found that Ad Astra had ample opportunity to present its case, including evidence and legal authorities, during the four-hour stay hearing. Furthermore, even setting aside the issue of unapproved premises, the Tribunal concluded that Ad Astra's prospects of success at the substantive hearing remained poor, as it was unlikely to satisfy the conditions for registration under the National Vocational Education and Training Regulator Act 2011.

Consequently, the Tribunal refused Ad Astra's application for a stay of the reviewable decisions.