Australian Careers Institute Pty Ltd and Australian Skills Quality Authority

This matter concerned an application by Australian Careers Institute Pty Ltd (ACI) for orders for non-publication and non-disclosure of information that could reveal its identity, made to the Administrative Appeals Tribunal (AAT). The dispute arose in the context of media coverage concerning ACI and decisions made by the Australian Skills Quality Authority (ASQA) regarding ACI's operations.

The central legal issue before the Tribunal was whether the circumstances of the case justified a departure from the general principle that hearings before the AAT are held in public and that evidence presented to the Tribunal should be made available to the public. Specifically, the Tribunal had to consider if the risk of adverse publicity for ACI, or the potential impact on current and prospective students, was sufficient to warrant granting a confidentiality order.

The Tribunal reasoned that the circumstances did not warrant a departure from the principle of open justice. It distinguished the present case from previous authorities, noting that the potential impact of a confidentiality order in this instance would be limited to ACI, unlike cases where broader market implications were at stake. The Tribunal held that orders under section 35 of the *Administrative Appeals Tribunal Act 1975* (Cth) were not intended for the purpose of shielding a party from potential disadvantage arising from publicity. The Tribunal emphasised that the risk of adverse publicity is inherent in the nature of regulatory decisions, such as the cancellation of course registration by ASQA, and that current and prospective students have a right to be informed of such decisions.

Accordingly, the Tribunal refused ACI's request for non-publication and non-disclosure orders.