United Business College Pty Ltd and Minister for Education

The matter before Senior Member Chris Furnell concerned an application by United Business College Pty Ltd (the College) to add courses and locations to its registration under the *Education Services for Overseas Students Act 2000* (ESOS Act). This application was considered in conjunction with decisions by the Australian Skills Quality Authority (ASQA) to cancel the College's registration under both the ESOS Act and the *National Vocational Education and Training Regulator Act 2011* (NVR Act).

The primary legal issues before the Senior Member were whether ASQA's decisions to cancel the College's registration under the NVR Act and ESOS Act were appropriate, and whether the College met the registration requirements to have its CRICOS registration changed under the ESOS Act. Specifically, the Senior Member had to determine if the College was complying, or would comply, with the relevant legislative standards and the National Code of Practice for Providers of Education and Training to Overseas Students.

The Senior Member reasoned that the power to cancel registration under the NVR Act and ESOS Act should be exercised because the College had not demonstrated compliance with the VET quality framework and the National Code. The Senior Member was not satisfied that the College was currently complying with, or would comply in the future with, the code, citing specific non-compliance with clauses 2.2 and 8.9. The Senior Member also concluded there was a material risk of future non-compliance, noting that improvements to date appeared to be a result of intensive regulatory intervention rather than the College's own capacity or willingness to apply necessary resources. Consequently, the Senior Member found that granting the application to change the College's registration would impose an undue burden on the regulator and confer an undeserved benefit on the College.

The Senior Member affirmed the decisions to cancel the College's registration under both the NVR Act and the ESOS Act, and denied the application to change the College's CRICOS registration.