Skilled Education Australia Pty Limited and Australian Skills Quality Authority

This matter concerned an application by Skilled Education Australia Pty Limited for a stay of a decision made by the Australian Skills Quality Authority to cancel its registration as a registered training organisation. The application was heard by A Poljak SM of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it was desirable to grant a stay of the cancellation decision, pursuant to section 41(2) of the *Administrative Appeals Tribunal Act 1975* (Cth), taking into account the interests of any person affected by the review. In determining this, the Tribunal considered established principles for granting stays, including the applicant's prospects of success, potential prejudice to parties, public interest, and whether the review would be rendered nugatory.

The Tribunal reasoned that a stay is not intended to merely protect an applicant from the consequences of a decision, and that a reviewable decision has full effect unless stayed. While acknowledging that the applicant's prospects of success were not hopeless, citing evidence of intended remedial actions and engagement with compliance experts, the Tribunal found insufficient evidence to support the contention that the review would be rendered nugatory without a stay. Although some reputational damage might occur, the Tribunal concluded that, on balance, the circumstances did not justify granting a stay.

Consequently, the Tribunal refused the application for a stay of the Australian Skills Quality Authority's decision to cancel Skilled Education Australia Pty Limited's registration.