Victorian Institute of Technology Pty Ltd and Tertiary Education Quality and Standards Agency

The Victorian Institute of Technology Pty Ltd (the Applicant) sought a stay of certain conditions imposed by the Tertiary Education Quality and Standards Agency (TEQSA) following a decision not to renew the Applicant's registration on the Commonwealth Register of Institutions and Courses for Overseas Students. The application was heard by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether to exercise its power to grant a stay of the imposed conditions, considering factors such as the prospects of success of the Applicant's appeal, the consequences for the Applicant if a stay were refused, the public interest, and the consequences for TEQSA in carrying out its functions. The Tribunal also considered whether the appeal would be rendered nugatory without a stay, and other relevant matters including the duration of any existing ban and the time between the application and hearing.

The Tribunal found that the Applicant had an arguable basis for its appeal, with some prospect of success, as the Tribunal's discretionary powers could allow for registration renewal with conditions. However, the Tribunal concluded that granting a stay was not necessary to secure the effectiveness of the hearing and determination of the review. While acknowledging the significant negative financial impact the conditions would likely have on the Applicant and its staff, and a potential negative effect on student attrition, the Tribunal weighed these against the interests of students and the public. The Tribunal determined that allowing the Applicant to enrol new students or not requiring notification to existing students would place the Applicant's business interests ahead of student protection, which is contrary to the objectives of the legislation. The Tribunal found that the protection of students and the reputation of the Australian education and training industry were paramount, and a stay would not further these objectives.

Consequently, the Tribunal refused the application for a stay of the conditions.