Menzies Institute of Technology and Australian Skills Quality Authority

The matter before the Tribunal concerned an application by Menzies Institute of Technology (Menzies) for a stay of a decision by the Australian Skills Quality Authority (ASQA). Menzies sought to continue operating as a Registered Training Organisation (RTO) and CRICOS provider pending the substantive hearing of its review application. ASQA had raised concerns regarding Menzies' compliance with the Standards for Registered Training Organisations 2015, specifically its failure to demonstrate ongoing compliance, the non-compliance of its revised assessment tools, and its delay in implementing remedial actions.

The Tribunal was required to determine whether to grant Menzies' application for a stay of ASQA's decision. In considering this, the Tribunal had to assess the prospects of success of Menzies' substantive applications for review, alongside other relevant factors. ASQA argued that Menzies' prospects were poor, citing a lack of urgency in addressing compliance issues and the inadequacy of its remedial efforts. Menzies, however, contended that its applications were not hopeless and that it had made significant progress towards compliance, disputing several of ASQA's factual allegations.

The Tribunal considered the evidence and submissions presented by both parties. It acknowledged that Menzies' prospects of success were a significant, though not sole, factor in deciding whether to grant a stay. After weighing these considerations, the Tribunal decided to grant the stay, subject to certain conditions imposed on 12 February 2019. Following this decision, Menzies’ counsel requested an interim stay of these conditions for 14 days to allow Menzies to take instructions regarding potential appeals. The Tribunal considered this request but ultimately declined to grant an interim stay of its own conditions, stating it was not appropriate to do so and that Menzies was free to seek relief elsewhere.