Site Skills Group Pty Ltd and Australian Skills Quality Authority

The Administrative Appeals Tribunal considered an application by Site Skills Group Pty Ltd ("SSG") for an amended stay order, in relation to a decision by the Australian Skills Quality Authority ("ASQA") to reject SSG's application for renewal of its registration as a Registered Training Organisation ("RTO") and for a change of scope. ASQA had determined that SSG was "critically non-compliant" with the Standards for Registered Training Organisations 2015, leading to the expiry of its registration. SSG had applied for both a stay of this decision and a merits review.

The primary legal issue before the Tribunal was whether the existing stay order, granted on 21 May 2018, should be amended. This arose in the context of a complex application where a significant portion of evidence had been presented for the stay application, but the merits review could not be considered until the outcome of a Federal Court appeal was known. The Tribunal was also presented with expert evidence regarding SSG's compliance with the Standards.

The Tribunal noted that while SSG had made efforts to rectify identified non-compliances, including appointing additional staff, there was insufficient evidence to demonstrate that these rectifications had been effectively implemented and sustained. The Tribunal found that the defects in compliance identified by one expert after rectifications were minor, but the final report relied on future implementation by the CEO. Crucially, the Tribunal found that the applicant had not provided evidence from the newly appointed employees detailing their actions to rectify the issues.

The Tribunal refused the Respondent's application for an amended stay order. The existing unrestricted stay order of 21 May 2018 was ordered to continue, and further hearing was adjourned to a date to be fixed.