Sunrise Institute of Australia Pty Ltd and Australian Skills Quality Authority

The Administrative Appeals Tribunal considered an application for a stay of a decision made by the Australian Skills Quality Authority (ASQA). The applicant, Sunrise Institute of Australia Pty Ltd, sought to stay ASQA's decision to cancel its registration as a Registered Training Organisation (RTO). This cancellation followed a history of non-compliance identified through various audits and assessments conducted by ASQA since the applicant's initial registration.

The Tribunal was required to determine whether to grant a stay of ASQA's decision to cancel the applicant's RTO registration. In considering this application, the Tribunal had to assess the prospects of success of the applicant's substantive appeal, the potential consequences for the applicant if a stay were not granted, and the public interest considerations, including the consequences for ASQA and whether a review would ultimately be nugatory.

The Tribunal reasoned that granting a stay would be "otiose" (futile) in the circumstances. The applicant's formal registration as an RTO had already ceased on 11 September 2018, a fact published by ASQA. Therefore, any stay granted by the Tribunal would not alter the applicant's operational status as an unregistered entity. The Tribunal concluded that granting a stay would be contrary to its responsibilities to promote administrative good government, as it would serve no practical purpose and could potentially mislead. Consequently, the application for a stay order was refused.