Oztech Trade Training College Pty Ltd and Australian Skills Quality Authority

Oztech Trade Training College Pty Ltd (Oztech) sought a stay of a decision by the Australian Skills Quality Authority (ASQA) to cancel its registration as a Registered Training Organisation (RTO). The cancellation was based on alleged non-compliance with Clauses 1.8 and 3.1 of the Standards for Registered Training Organisations (RTOs) 2015, specifically concerning Oztech's assessment practices for three vocational education and training qualifications. The matter was heard by A Poljak SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether to grant a stay of ASQA's decision to cancel Oztech's registration, pending the final determination of Oztech's application for review. In considering this application, the Tribunal was required to take into account various factors, including the prospects of success of the substantive application, the consequences for Oztech if a stay were refused, the public interest, and the consequences for ASQA in carrying out its functions. The Tribunal was also to consider whether the review application would be rendered nugatory without a stay.

The Tribunal applied the principles outlined in *Re Scott and Australian Securities and Investments Commission* [2009] AATA 798, which require a balanced consideration of the relevant factors without undertaking a full determination of the merits of the substantive case. While ASQA argued that Oztech had low prospects of success due to a lack of evidence of rectification, the Tribunal noted that Oztech was still seeking clarification from ASQA regarding the alleged non-compliances and expressed a willingness to rectify issues. The Tribunal also identified a significant problem with ASQA's submission that the identified non-compliances in three specific courses extended to all of Oztech's registered courses, as there was no evidence presented to support this broader inference.

The Tribunal granted the stay of ASQA's decision to cancel Oztech's registration, subject to conditions that Oztech not issue any qualifications or enrol new students in the three identified courses. The Tribunal also directed ASQA to provide particulars, in plain language, of the alleged non-compliances and the steps required for rectification, in order to clarify the issues for the substantive proceedings.