Western Institute of Technology Pty Ltd and Australian Skills Quality Authority

The Administrative Appeals Tribunal considered a request by the Western Institute of Technology Pty Ltd (the Applicant) to vary a stay order previously granted by the Tribunal. The Australian Skills Quality Authority (the Respondent) had made cancellation decisions concerning the Applicant. The dispute before the Tribunal was whether to vary the existing stay order, which had been made by consent.

The legal issues before the Tribunal were whether to vary the stay order, considering the prospects of success of the Applicant on review, potential prejudice to the parties or others, whether the review would be rendered nugatory, and the public interest. The Tribunal also had to consider the Applicant's financial impact and the continued income streams available to it.

The Tribunal noted that it had wide discretion in deciding whether to vary a stay order. It accepted that the Applicant had taken steps to address deficiencies since the cancellation decisions. While not concluding that there were no prospects of success on substantive review, the Tribunal found that the Applicant had not demonstrated that the "No New Enrolment Condition" would cause it to cease to operate, given its other income sources and property holdings. The Tribunal also considered the public interest, referencing the importance of a regulator's adverse decision and the need to protect the public.

The Tribunal refused the Applicant's request to vary the stay order, meaning the order of 22 November 2017 remained unchanged. The parties were urged to contact the Tribunal to list the substantive hearing within the next three months.