Australian Academy of Management & Science Pty Ltd and Australian Skills Quality Authority

This matter concerned a request by the Australian Skills Quality Authority (the Respondent) to vary a stay order previously granted by the Administrative Appeals Tribunal (the Tribunal) in favour of the Australian Academy of Management & Science Pty Ltd (the Applicant). The original stay order, made on 12 February 2019, affected decisions by the Respondent not to renew the Applicant's registration under the National Vocational Education and Training Regulator Act 2011 (NVR Act) and its CRICOS registration under the Education Services for Overseas Students Act 2000 (ESOS Act).

The Tribunal was required to determine whether to vary the existing stay order, specifically by imposing further conditions on the Applicant. The central legal issue revolved around the interpretation and application of section 41 of the Administrative Appeals Tribunal Act 1975 (Cth), which governs the Tribunal's power to make orders affecting the operation or implementation of a decision under review, including the power to vary or revoke such orders. The Tribunal had to consider the factors relevant to varying a stay order, balancing the interests of the parties and the public interest.

In reaching its decision, the Tribunal applied section 41 of the AAT Act, which permits the Tribunal to make orders staying or otherwise affecting the operation or implementation of a decision under review if it is desirable for the purpose of securing the effectiveness of the hearing and determination of the application for review. The Tribunal considered the evidence before it, including an affidavit from the Respondent, and noted that a second affidavit from the Respondent was not relied upon. The Tribunal weighed the factors favouring variation, such as the prospects of success, the public interest, and the consequences for the Respondent, against the consequences for the Applicant. The Tribunal concluded that the factors favouring variation outweighed those against it.

The Tribunal ordered that the stay order made on 12 February 2019 be varied. The variation imposed new conditions on the Applicant, including prohibitions on requesting, receiving, or accepting applications, deposits, or payments for new enrolments, and a requirement to notify current students and prospective students of the ongoing review and the potential cessation of operations. The Applicant was also required to provide student files to the Respondent upon the issuance of qualifications or statements of attainment.