Stirling Skills Training (Inc) and Australian Skills Quality Authority

The Administrative Appeals Tribunal (AAT) considered an application by Stirling Skills Training (Inc) for a stay of a decision made by the Australian Skills Quality Authority. The dispute concerned the implementation of the Authority's reviewable decision, with Stirling Skills Training seeking to continue an existing stay order.

The primary legal issue before the Tribunal was whether the existing stay order, which had been made by consent, should remain in place. In determining this, the Tribunal was required to assess the prospects of success of the substantive application, the potential consequences for Stirling Skills Training, the detriment to students, the consequences for the Australian Skills Quality Authority, and the broader public interest. A key consideration was whether the substantive hearing would be rendered nugatory if the stay were not continued.

The Tribunal applied the principles outlined by President Downes J in *Scott*, which have been consistently followed by Tribunal members. While acknowledging the significant disruption and financial and reputational harm Stirling Skills Training would face if the stay were not continued, the Tribunal found no evidence that the applicant would cease to operate or that the substantive hearing would be rendered nugatory. Balancing these considerations, the Tribunal concluded that the existing consent order, which stayed the implementation of the reviewable decision and prohibited the enrolment or training of additional students, should remain in place.

Consequently, the Tribunal made no further order, effectively continuing the existing stay on the terms previously agreed.