Institute of Training Pty Ltd and Australian Skills Quality Authority

The Institute of Training Pty Ltd (the Applicant) sought a stay of a decision by the Australian Skills Quality Authority (ASQA) to cancel its registration as a Registered Training Organisation (RTO). The Applicant had been registered since 2010, with its registration due to expire in February 2020. ASQA's decision to cancel the registration followed a compliance monitoring audit conducted in May 2018, which found the Applicant to be non-compliant with clauses 1.8 and 3.1 of the Standards for Registered Training Organisations 2015. The Applicant was notified of these findings and invited to make representations, which it did, but ASQA proceeded with the cancellation on 8 August 2018.

The legal issues before the Tribunal concerned whether a stay of ASQA's cancellation decision should be granted. This involved considering the Applicant's prospects of success on review, the remedial action taken by the Applicant, the consequences for the Applicant and ASQA, and the public interest, including the interests of students and the principles of good government. The Tribunal noted differing views on the weight to be given to "prospects of success" in stay applications, but concluded it could not ignore the issue, particularly in light of the Applicant's steps to address non-compliance.

The Tribunal found that the Applicant had not demonstrated a sense of urgency in addressing the identified non-compliances. While the Applicant had engaged a consultant and committed to a timetable extending to April 2019, the Tribunal viewed this as insufficient evidence of immediate and effective remedial action. The consultant's report suggested that considerable work was needed and that current management might not be in a position to lead the process. Consequently, the Tribunal determined that the public interest was best served by not allowing the Applicant to continue operating in a non-compliant manner without prompt and effective remediation.

Accordingly, the application for a stay of ASQA's decision to cancel the Applicant's registration was refused.