Sydney Training Academy Pty Ltd and Australian Skills Quality Authority

Sydney Training Academy Pty Ltd (the Applicant) sought a stay of a decision by the Australian Skills Quality Authority (ASQA) to cancel its registration. The matter came before the Administrative Appeals Tribunal for determination.

The Tribunal was required to consider whether to grant a stay of ASQA's decision to cancel the Applicant's registration pending the final determination of the Applicant's appeal. In determining this application, the Tribunal had to weigh the prospects of success of the Applicant's appeal, the public interest, and the consequences of granting or refusing the stay for both the Applicant and ASQA.

The Tribunal granted the stay, applying principles relevant to administrative stay applications. The reasoning involved an assessment of the potential prejudice to the Applicant if the stay were refused and the Applicant were ultimately successful in its appeal, against the need to protect the public interest and the integrity of the vocational education and training sector. The Tribunal considered that a stay was warranted, but it was to be subject to stringent conditions to mitigate any risks to students and to ensure ongoing compliance and transparency.

The Tribunal issued a Stay Order, staying the cancellation of the Applicant's registration. The order imposed several conditions on the Applicant, including prohibitions on enrolling new students and advertising, requirements for access to student files and records, the removal of the current CEO and Principal Executive Officer, the provision of a rectification and remediation plan, and ongoing monthly reporting of student and course details to ASQA. The order also granted liberty to either party to apply.