Care Education and Training Services Pty Ltd and Australian Skills Quality Authority

This matter concerned an application by Care Education and Training Services Pty Ltd (CETS) to the Administrative Appeals Tribunal (the Tribunal) for a stay of a decision by the Australian Skills Quality Authority (ASQA) to cancel CETS's registration as a registered training organisation. ASQA had made this decision following audits that found CETS non-compliant with the Standards for Registered Training Organisations. CETS had applied to the Tribunal for a review of ASQA's decision.

The sole legal issue before the Tribunal was whether to grant an order under subsection 41(2) of the Administrative Appeals Tribunal Act 1975 (Cth) to stay the operation and implementation of ASQA's decision to cancel CETS's registration. This power requires the Tribunal to consider the desirability of making such an order, taking into account the interests of any persons affected by the review, and the purpose of securing the effectiveness of the hearing and determination of the application for review.

In determining whether to grant a stay, the Tribunal considered that it was necessary to assess the prospects of the applicant succeeding in its review and whether the review would be rendered nugatory without a stay. While the interests of affected persons typically include employees and students, the Tribunal noted that CETS was not currently enrolling students, assessing them, or marketing its services, thus diminishing the relevance of these interests. The Tribunal did, however, accept that reputational damage to CETS and its staff was a relevant interest to consider, acknowledging that such damage is an inevitable consequence of registration cancellation.