Tandem College Pty Ltd and Australian Skills Quality Authority

The Administrative Appeals Tribunal (AAT) considered an application for stay orders brought by Tandem College Pty Ltd (the applicant) against decisions made by the Australian Skills Quality Authority (ASQA). The reviewable decisions concerned ASQA's refusal to renew the applicant's registration as a Registered Training Organisation (RTO) under the national Vocational Education and Training (VET) regulator framework, and ASQA's decision to amend the scope of the applicant's registration.

The primary legal issue before the Tribunal was whether to grant a stay of ASQA's decisions pending the final determination of the applicant's applications for review. In determining this, the Tribunal was required to assess whether the applicant had established sufficient prospects of success in its substantive review applications, and to weigh the potential prejudice to the applicant and its students against any public interest considerations that might favour refusing the stay.

Deputy President Rayment QC, applying the principles governing the grant of interlocutory relief, found that the applicant had demonstrated sufficient prospects of success in its applications for review. The Tribunal was satisfied that refusing a stay would cause significant adverse consequences for the applicant and its students, potentially disrupting their educational pathways. Conversely, the Tribunal concluded that the public interest did not necessitate the refusal of a stay. Accordingly, the Tribunal granted the stay of ASQA's decisions, subject to certain conditions being met by the applicant.