Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pow Wow Training Pty Ltd v Australian Skills Quality Authority [2012] FCA 1490 Citation: Pow Wow Training Pty Ltd v Australian Skills Quality Authority [2012] FCA 1490
Parties: POW WOW TRAINING PTY LTD ACN 120 698 231 v AUSTRALIAN SKILLS QUALITY AUTHORITY
File number: VID 860 of 2012
Judge: LOGAN J
Date of judgment: 20 November 2012
Catchwords: ADMINISTRATIVE LAW – judicial review – natural justice – procedural fairness – application for renewal of registration – representation by agency that opportunity would be offered to respond to audit report before decision – applicant's reliance upon that representation to its detriment – no opportunity in advance of decision by decision-maker to make submission as to adverse finding in audit report or to why representation as to response time should be revoked – held: denial of procedural fairness - suspension for non-compliance – insufficient time provided by Authority to applicant to respond to proposed suspension – held: denial of procedural fairness – refusal to renew registration decision quashed – suspension decision quashed – renewal application referred to Authority for further consideration
Legislation: Constitution (Cth) s 75(v) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 10 Judiciary Act 1903 (Cth) s 39B National Vocational Education and Training Regulator Act 2011 (Cth) ss 16, 17, 18, 31, 35, 36, 37, 38, 53, 57, 59, 155, 157, 161, 199, 200, 201, 203
Cases cited: Attorney-General (Hong Kong) v Ng Yuen Shiu [1983] 2 AC 629 considered Attorney General (NSW) v Quin (1990) 170 CLR 1 cited CARE Employment & Training Services Pty Ltd v Australian Skills Quality Authority [2012] FCA 367 cited Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 applied Kioa v West (1985) 159 CLR 550 considered Re Minister for Immigration and Multicultural Affairs; ex parte Miah (2001) 206 CLR 57 cited Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1 applied Stead v State Government Insurance Commission (1986) 161 CLR 141 considered SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 considered
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