Australian Institute of Professional Education Pty Limited v Australian Skills Quality Authority

The Australian Institute of Professional Education Pty Limited (AIP) applied to the Federal Court for judicial review of a decision by the Australian Skills Quality Authority (ASQA). ASQA had issued a notice to AIP under section 26 of the National Vocational Education and Training Regulator Act 2011 (Cth), requiring information. The application was made in the context of ongoing proceedings before the Administrative Appeals Tribunal (AAT). The primary legal issues before the court were whether ASQA's exercise of its information-gathering power constituted contempt of the AAT, whether the issuing of the notice was a "fishing exercise", whether it was ultra vires, and whether the time period for compliance was legally unreasonable.

The court considered that the AAT proceedings were not a bar to the application and that there was no contempt of the AAT because the notice was issued before the AAT proceedings were commenced. The court also found that the notice was not a "fishing exercise" and that it did not exceed the powers conferred by the Act. The court found that the time period for compliance with the notice was not unreasonable, and that the decision to retract the extension of time was not made by someone who lacked authority. The court held that the application should be dismissed and that the costs of the application should be paid by the applicant.