Chemcert Training Group and Australian Skills Quality Authority

This matter concerned an application by Chemcert Training Group (the Applicant) for a stay of a decision by the Australian Skills Quality Authority (ASQA). The Applicant, a registered training organisation, had failed to lodge its application for renewal of registration more than 90 days before its registration was due to expire. ASQA had not determined a shorter period for the Applicant to make its application, and consequently, the Applicant's registration had elapsed, meaning it was no longer registered. The Applicant sought a stay of this outcome.

The legal issues before the Tribunal were whether it had the statutory authority to grant a stay in these circumstances, particularly given that the Applicant's registration had already expired. The Tribunal was required to consider the practical effect of granting a stay, the Applicant's prospects of success on the merits of its application for review, and the consequences for both the Applicant and ASQA, including whether a review would be rendered nugatory.

The Tribunal reasoned that it possessed the statutory authority to grant the relief sought, drawing on the principles established in *Civil Aviation Safety Authority v Hotop*. It held that section 41(2) of the Administrative Appeals Tribunal Act 1975 did not preclude the Tribunal from making orders that had a positive effect, such as allowing a review applicant to continue enjoying a statutory benefit. While acknowledging the Applicant's negligence in failing to lodge its renewal application on time, which was compounded by a previous failure, the Tribunal noted that the delay was not excessive and the reasons provided had some credibility. Furthermore, the Applicant had otherwise conducted itself appropriately as a registered training organisation. Balancing these factors against ASQA's legitimate concerns about compliance and precedent, the Tribunal concluded that the Applicant had demonstrated a reasonable prospect of success in its application for a shorter period to lodge its renewal application.

The Tribunal granted the stay application. It determined that granting the stay was appropriate for the purpose of securing the effectiveness of the hearing and determination of the application for review, taking into account the interests of all parties involved.