Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Raffles College Pty Ltd v Tertiary Education Quality Standards Agency [2015] FCA 734 Citation: Raffles College Pty Ltd v Tertiary Education Quality Standards Agency [2015] FCA 734
Parties: RAFFLES COLLEGE PTY LTD v TERTIARY EDUCATION QUALITY STANDARDS AGENCY and SECRETARY, DEPARTMENT OF EDUCATION AND TRAINING
File number: NSD 787 of 2015
Judge: PERRAM J
Date of judgment: 20 July 2015
Catchwords: EDUCATION – whether Education Services for Overseas Students Act 2000 (Cth) (ESOS Act) demanded certain approach to decision making or required regard be had to certain matters – consideration of regulatory framework for higher education providers ADMINISTRATIVE LAW – whether Tertiary Education Quality Standards Agency required to employ risk management approach when considering whether to make recommendation to Secretary regarding education provider registration – whether objects of ESOS Act in s 4A were mandatory relevant considerations
Legislation: Acts Interpretation Act 1901 (Cth) s 25D Administrative Appeals Tribunal Act 1975 (Cth) s 35(3) Education Services for Overseas Students Act 2000 (Cth) ss 4A, 8, 9AA, 9AB, 9AD, 9AE, 9AF, 9AG, 9AH, 15, 21, 46A, 46B, 46D Tertiary Education Quality and Standards Agency Act 2011 (Cth) ss 2, 9, 132 National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007
Cases cited: Kutlu v Director of Professional Services Review (2011) 197 FCR 177 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24
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