Australian International College Pty Ltd and Australian Skills Quality Authority

This matter concerned an application by Australian International College Pty Ltd (AIC) for a stay of a decision by the Australian Skills Quality Authority (ASQA) to cancel AIC's registration. The dispute arose from ASQA's cancellation decision, which had significant consequences for AIC's operations and financial viability. The application was heard by the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether to grant a stay of ASQA's cancellation decision and whether to grant AIC's application for a confidentiality order in relation to the proceedings. The Tribunal was required to consider the impact of the cancellation decision on AIC and the public interest in the openness of proceedings.

The Tribunal granted the stay of ASQA's cancellation decision, effective until the final determination of AIC's application for review or settlement between the parties. This decision was subject to several stringent conditions designed to protect students and ensure AIC's compliance. These conditions included AIC providing evidence of an agreement with another registered provider to accommodate its students, submitting documentation regarding arrangements for transferring students, and ASQA undertaking to update the PRISMS system. Crucially, AIC was prohibited from undertaking any new enrolments or creating new Confirmations of Enrolment for new students until further order. The Tribunal also refused AIC's application for a confidentiality order, affirming its preference for open proceedings, particularly given that the cancellation decision had already been published on ASQA's website.