Pacific Flight Services Pty Ltd and Australian Skills Quality Authority

Pacific Flight Services Pty Ltd (the Applicant) sought a stay of a decision by the Australian Skills Quality Authority (ASQA) to refuse to renew its registration under the *National Vocational Education and Training Regulator Act 2011* (NVR Act) and the *Education Services for Overseas Students Act 2000* (ESOS Act). The application was heard by Senior Member Chris Puplick AM of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether to grant a stay of ASQA's decision, considering various factors including the Applicant's prospects of success on review, the consequences for the Applicant if a stay were refused, the public interest, the consequences for ASQA in carrying out its functions, and whether the application for review would be rendered nugatory without a stay.

The Tribunal refused the application for a stay, finding that the Applicant had not provided adequate responses to audit findings of non-compliance. Specifically, the Tribunal noted a lack of detail regarding steps taken to rectify issues, an unsupported claim of identical assessment tools to other Registered Training Organisations (RTOs), no explanation for the persistence of unrectified non-compliances over six months, an unacceptable prioritisation of one regulator over another, and an insufficient excuse for documentation failures based on course complexity. The Tribunal applied the principles outlined in *Scott v Australian Securities And Investments Commission* [2009] AATA 798, which require consideration of the prospects of success, consequences for the applicant and respondent, public interest, and whether the review would be rendered nugatory.