Wills v Chief Executive Officer of the Australian Skills Quality Authority [2022] FCAFC 10

FEDERAL COURT OF AUSTRALIA

Wills v Chief Executive Officer of the Australian Skills Quality Authority [2022] FCAFC 10 Appeal from: Site Skills Group Pty Ltd and Australian Skills Quality Authority [2020] AATA 4805

File number(s): QUD 401 of 2020

Judgment of: LOGAN, GRIFFITHS AND PERRY JJ

Date of judgment: 9 February 2022

Catchwords: ADMINISTRATIVE LAW – appeal on a question of law from a decision of the Administrative Appeals Tribunal (Tribunal) affirming a decision of the Australian Skills Quality Authority to reject the second respondent's application to renew its registration as a Registered Training Organisation under the National Vocational Education and Training Regulator Act 2011 (Cth) – where Tribunal found that the second respondent failed to comply with Standard 7.1 of the Standards for Registered Training Organisations (RTOs) 2015 (2015 RTO Standards) by reason of its failure to ensure that the applicant satisfied criterion (i) of the Fit and Proper Person requirements in Sch 3 to the 2015 RTO Standards – where applicant alleged breach of procedural fairness – where the applicant was afforded an opportunity to respond but failed to take it by pressing a misconstruction of the first respondent's case – where counsel for the applicant declined adjournment following clarification of the first respondent's case – whether finding of dishonesty or fraud made without notice – discussion of principles by which it is determined whether there is a breach of procedural fairness – no denial of procedural fairness – appeal dismissed PRACTICE AND PROCEDURE – where first respondent objected to the competency of the appeal – whether appeal constituted abuse of process – where applicant sought leave to rely on further amended notice of appeal – leave granted in the interests of justice