Austwide Institute of Training Pty Ltd v Australian Skills Quality Authority [2014] FCA 768

FEDERAL COURT OF AUSTRALIA

Austwide Institute of Training Pty Ltd v Australian Skills Quality Authority [2014] FCA 768 Citation: Austwide Institute of Training Pty Ltd v Australian Skills Quality Authority [2014] FCA 768

Parties: AUSTWIDE INSTITUTE OF TRAINING PTY LTD (ACN 118 002 216) v AUSTRALIAN SKILLS QUALITY AUTHORITY, SECRETARY TO THE DEPARTMENT OF EDUCATION and MINISTER FOR EDUCATION

File number: VID 153 of 2014

Judge: BEACH J

Date of judgment: 30 July 2014

Catchwords: EDUCATION AND TRAINING ‒ provision of education and training services to overseas students ‒ registration of service provider ‒ renewal of registration ‒ scope of Education Services for Overseas Students Act 2000 (Cth), Parts 2 and 7 ‒ request for information ‒ unlawful request ‒ inspection of premises ‒ unlawful entry ‒ notice of intention to cancel registration ‒ injunctive and declaratory relief refused. ADMINISTRATIVE LAW ‒ conduct leading to a decision to cancel registration ‒ scope of Administrative Decisions (Judicial Review) Act 1977 (Cth) s 6(1)

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 6 and 16 Education Services for Overseas Students Act 2000 (Cth) ss 4A, 5, 7A, 8, 9AA, 9AB, 9AC, 9AH, 14A, 33‒34, 40, 43, 83, 93, 130, 157 and 170 National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007 (Cth) Pt A, cll 4, 5 and 7, Pt C, cll 1‒6 and 11, Pt D National Vocational Education and Training Regulator Act 2011 (Cth) ss 66 and 72

Cases cited: Clough v Leahy (1904) 2 CLR 139 Day v Commissioner, Australian Federal Police (2000) 101 FCR 66 McGuinness v Attorney-General (Vic) (1940) 63 CLR 73 Project Blue Sky Pty Ltd v Australian Broadcasting Authority (1998) 194 CLR 355 Williams v Commonwealth (2012) 248 CLR 156 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57