Trades College Australia Pty Ltd v Australian Skills Quality Authority

Trades College Australia Pty Ltd (TCA) sought judicial review of a decision made by the Australian Skills Quality Authority (ASQA). The dispute concerned the interpretation and application of provisions within the *National Vocational Education and Training Regulator Act 2011* (NVR Act) relating to the renewal of registration for Registered Training Organisations (RTOs) and the effect of a stay on a decision to refuse renewal. The matter was heard by Deputy S A Forgie P.

The court was required to determine whether TCA's registration continued under section 31(3) of the NVR Act, which states that an RTO's registration is taken to continue until its application for renewal is decided, despite ASQA's decision to refuse renewal. A further issue was the extent to which the decision in *Civil Aviation Safety Authority v Hotop* supported the proposition that a stay of a decision to refuse renewal meant that the RTO's registration continued.

Deputy S A Forgie P reasoned that section 31(3) of the NVR Act dictates that an RTO's registration continues until a decision is made on its renewal application. This provision operates independently of any decision to refuse renewal, meaning that the registration remains in force until the appeal process is concluded or a final decision is made. While agreeing that TCA's registration would continue, the court found that *CASA v Hotop* did not establish a broad principle that a stay of a refusal to renew registration automatically meant the registration continued in the manner suggested by TCA. Instead, the court viewed the principle in *CASA v Hotop* as being more nuanced, concerning the Tribunal's power to grant effective relief.

The court concluded that TCA's registration would continue by operation of section 31(3) of the NVR Act, pending the final determination of its renewal application.