Australia Institute of Business & Technology - International Pty Ltd and Australian Skills Quality Authority

The Administrative Appeals Tribunal (AAT) considered an application for recusal by the Australia Institute of Business & Technology - International Pty Ltd (AIBT) against a decision made by the Australian Skills Quality Authority (ASQA). AIBT sought to have the decision-maker recused from further consideration of its application on the grounds of apprehended bias.

The central legal issue before the AAT was whether there was a reasonable apprehension of bias on the part of the ASQA decision-maker, such that it would be unfair for that person to continue to be involved in the determination of AIBT's application. This required the Tribunal to assess the objective appearance of impartiality in the decision-making process.

Deputy President Hanger AM QC applied the well-established test for apprehended bias, which requires considering whether a fair-minded lay observer, knowing the facts, would apprehend that the decision-maker might not bring an impartial mind to the issue. The Tribunal found that the decision-maker's prior involvement in a related matter, coupled with certain communications, created a situation where a reasonable apprehension of bias could arise. Consequently, the application for recusal was granted.