Australian Institute of Professional Education Pty Limited v Australian Skills Quality Authority [2016] FCA 814

FEDERAL COURT OF AUSTRALIA

Australian Institute of Professional Education Pty Limited v Australian Skills Quality Authority [2016] FCA 814 File number: NSD 733 of 2016

Judge: LOGAN J

Date of judgment: 13 July 2016

Catchwords: ADMINISTRATIVE LAW – where respondent issued notice to applicant requiring information under s 26, National Vocational Education and Training Regulator Act 2011 (Cth) – where Administrative Appeals Tribunal proceedings on foot – whether respondent's exercise of information-gathering power constituted contempt of Administrative Appeals Tribunal – whether issuing of notice was a "fishing exercise" – whether issuing of notice was ultra vires – whether time period for compliance with notice was legally unreasonable – Administrative Appeals Tribunal Act 1975 (Cth) s 63(2)(b) ADMINISTRATIVE LAW – where respondent issued notice to applicant requiring information under s 26, National Vocational Education and Training Regulator Act 2011 (Cth) – where Administrative Appeals Tribunal proceedings on foot – where applicant requested extension of time to comply with notice – where respondent signified but then retracted, because particular decision-maker lacked authority, decision to extend time for compliance – extension of time request remains undetermined – whether relief ought to be withheld as a matter of discretion even if jurisdiction exists in original decision

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33, 41(2), 63, 63(d) (repealed) 63(2)(b), Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 13, 16 Australian Industries Preservation Act 1906 (Cth) Education Services for Overseas Students Act 2000 (Cth) Evidence Act 1995 (Cth) Income Tax Assessment Act 1936 (Cth) ss 263, 264 Judiciary Act 1903 (Cth) ss 13, 39B National Vocational Education and Training Regulator Act 2011 (Cth) ss 26, 39, 62 Tax Administration Act 1953 (Cth) Trade Practices Act 1974 (Cth) s 155