Merage Group Pty Ltd and Australian Skills Quality Authority

Merage Group Pty Ltd applied to the Administrative Appeals Tribunal for a stay of a decision by the Australian Skills Quality Authority (ASQA) to cancel Merage Group's registration as a registered training organisation (RTO).

The Tribunal was required to determine whether to grant a stay of ASQA's decision to cancel Merage Group's registration. This involved considering the factors relevant to granting a stay, particularly in the context of maintaining standards for education and training and protecting students, against any claimed financial impact on the applicant.

The Tribunal reasoned that the primary consideration was whether the objects of the National Vocational Education and Training Regulator Act 2011 (NVR Act) were being carried out, which the evidence established they were not, and this was not disputed by Merage Group. While a refusal of the stay would cause inconvenience to enrolled students, they could transfer to another institution. The Tribunal emphasised that the interests of students were paramount, and the Regulator had a duty to ensure courses met requirements. The Tribunal also noted a public interest element in maintaining confidence in educational facilities and the Regulator's functions. Given the demonstrated and unchallenged failings in the courses, the significant time elapsed, and Merage Group's failure to rectify defects despite opportunities, the Tribunal concluded a stay should not be granted.

Accordingly, the application for a stay was refused.