Construction Industry Training Australia Pty Ltd and Australian Skills Quality Authority

This matter concerned an application for a stay of a decision made by the Australian Skills Quality Authority (ASQA) to cancel the registration of Construction Industry Training Australia Pty Ltd (the Applicant). The application was heard by Deputy President Boyle of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether to grant a stay of ASQA's decision pending the determination of the Applicant's substantive appeal. This required the Tribunal to consider various factors, including the Applicant's prospects of success in the appeal, the consequences of not granting a stay (specifically, whether the hearing would be rendered nugatory), the parties affected by the decision, and the public interest. The Tribunal also considered the conditions that might attach to any stay order.

The Tribunal reasoned that while there were conflicting accounts regarding the Applicant's compliance with regulatory standards, particularly concerning the evidence provided by ASQA's representatives and the Applicant's CEO, the Applicant had raised arguable points. The Tribunal noted that many of the identified non-compliances appeared to be matters of degree and opinion, and that the Applicant had presented evidence of significant rectification efforts undertaken with the assistance of a consultant. Furthermore, the Tribunal acknowledged that a failure to grant a stay could render the substantive hearing academic if the Applicant ceased to operate financially, a point conceded by ASQA.

Balancing these considerations, the Tribunal concluded that, on balance, the existing consent order of 14 May 2019, which stayed the implementation of ASQA's decision and prohibited the Applicant from enrolling students or issuing qualifications, should remain in place. Consequently, no further orders were made.