Australian Vocational Learning Centre Pty Ltd and Australian Skills Quality Authority

The Australian Vocational Learning Centre Pty Ltd (the Applicant) sought to vary or revoke conditions of a consent Stay Order made on 26 October 2018. The original decision under review was the cancellation of the Applicant's registration. The application was heard by Senior Member Chris Puplick AM of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether to vary or revoke conditions 2(a) and 2(b) of the existing Stay Order. This required the Tribunal to consider the scope of its power under section 41(2) of the Administrative Appeals Tribunal Act 1975, which allows for orders staying or affecting the operation of a decision under review to secure the effectiveness of the hearing and determination of the application for review, while also taking into account the interests of affected persons.

The Tribunal reasoned that its focus in a stay application is not on the merits of the original decision but on whether the stay is necessary to ensure the effectiveness of the substantive hearing. Applying the principles established in cases such as *Madafferi*, the Tribunal considered the extent to which refusing the variation would impact the Applicant's ability to prosecute its case. The Tribunal determined that the Applicant's position, if the stay were refused, would not be rendered nugatory, and therefore the conditions of the stay order did not need to be varied.

The application for a variation of the stay order was refused.