Commonwealth of Australia v Wright Solution Qld Pty Ltd [2018] FCA 1575

FEDERAL COURT OF AUSTRALIA

Commonwealth of Australia v Wright Solution Qld Pty Ltd [2018] FCA 1575 File number: NSD 2121 of 2017

Judge: ROBERTSON J

Date of judgment: 18 October 2018

Catchwords: EDUCATION – penalties – where multiple contraventions of ss 117(1) and 121 of the National Vocational Education and Training Regulator Act 2011 (Cth) (NVR Act) by first respondent and where second respondent involved in those contraventions – where first respondent contravened ss 117 and 121 of the NVR Act by providing, or offering to provide, Vocational Education and Training (VET) courses or parts of VET courses, and purporting to issue VET statements of attainment, at a time when it had ceased to be a registered training organisation as a result of its non-compliance with relevant standards and requirements – where respondents admitted contraventions – where joint statement of agreed facts – where agreed submission on appropriate range of penalties – where co-operation on the part of the respondents

Legislation: National Vocational Education and Training Regulator Act 2011 (Cth) ss 2A, 117, 121, 137, 138, 141

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] HCA 3; 351 ALR 190 Australian Competition and Consumer Commission v Yazaki Corporation [2018] FCAFC 73; 357 ALR 55 Australian Softwood Forests Pty Ltd v Attorney-General (NSW); Ex rel Corporate Affairs Commission [1981] HCA 49; 148 CLR 121 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Rural Press Limited v Australian Competition and Consumer Commission [2003] HCA 75; 216 CLR 53