Re Australian Institute of Technical Training Pty Ltd and Minister for Education and Training

This matter concerned an application for a stay of decisions made by the Minister for Education and Training, which affected the Australian Institute of Technical Training Pty Ltd (the Applicant). The Applicant sought to stay the operation of these decisions pending the finalisation of its application for review. The Tribunal considered evidence presented by both parties, including affidavits, witness statements, and documentary evidence, some of which was extensive and involved cross-examination of the Applicant's Chief Executive Officer.

The central legal issue before the Tribunal was whether to grant an interim stay of the Minister's decisions. This required the Tribunal to consider the relevant legislative provisions governing the cancellation of registration for registered training organisations under the *National Vocational Education and Training Regulator Act 2011* (NVR Act) and the *Education Services for Overseas Students Act 2000* (ESOS Act). Specifically, the Tribunal had to apply the principles for granting a stay as outlined in section 41(2) of the *Administrative Appeals Tribunal Act 1975* (Cth), which involves considering factors such as the prospects of success of the application, the consequences of refusing the stay for the applicant, the public interest, the consequences for the respondent, and whether the review would be rendered nugatory.

In its reasoning, the Tribunal acknowledged that while there were factors weighing against granting the stay, particularly concerning the public interest in protecting consumers and students, other factors favoured its grant. The Tribunal found that it could not conclude that the Applicant had no prospects of success, despite acknowledging weaknesses in the evidence presented. Furthermore, the Tribunal considered the significant consequences for the Applicant if a stay were not granted, including the potential cessation of business, default under leases and loan agreements, and eventual administration or liquidation. Crucially, the Tribunal also gave significant weight to the potential disruption and prejudice to students, who had paid substantial fees for their courses, if the Applicant were to close immediately.

The Tribunal ultimately granted the stay order, finding that the factors weighing in favour of the stay, particularly the potential prejudice to the Applicant and its students, outweighed the concerns regarding the public interest. The stay was granted on terms designed to provide a measure of protection for students.