Darwin Human Resource and Computer Academy Pty Ltd and Australian Skills Quality Authority

The Administrative Appeals Tribunal considered an application for a stay made by Darwin Human Resource and Computer Academy Pty Ltd (the applicant) against a decision of the Australian Skills Quality Authority (ASQA). The applicant sought to prevent the immediate implementation of ASQA's decision pending a review of that decision.

The primary legal issue before the Tribunal was whether to grant a stay of ASQA's decision pursuant to section 41(2) of the *Administrative Appeals Tribunal Act 1975* (Cth). In determining this, the Tribunal was required to assess the merits of the applicant's substantive case, the potential consequences for the applicant if a stay were not granted, and significant public interest factors.

The Tribunal acknowledged that the applicant might have an arguable case, noting that evidence regarding the rectification of alleged non-compliance and current compliance with RTO Standards was expected to be presented at the substantive hearing. The applicant also raised concerns about reputational damage and financial losses if the stay were refused. However, the Tribunal found insufficient evidence to substantiate the financial loss claims and was particularly concerned about public interest factors raised by ASQA. These factors related to the potential adverse impact on the quality of training and assessment outcomes for current and future students if the alleged non-compliance were not addressed promptly.

On balance, the Tribunal concluded that it was not desirable to grant a stay. While acknowledging the potential for reputational damage and that the applicant's case was not without merit, the Tribunal found that the public interest factors weighed against granting the stay. Consequently, the application for a stay was refused, and a temporary stay previously in place was dissolved.