Australian Skills Quality Authority v Brighton Pacific Pty Ltd [2020] FCA 617

FEDERAL COURT OF AUSTRALIA

Australian Skills Quality Authority v Brighton Pacific Pty Ltd [2020] FCA 617 Appeal from: Brighton Pacific Pty Ltd and Australian Skills Quality Authority [2019] AATA 3645

File number(s): QUD 640 of 2019

Judge(s): COLLIER J

Date of judgment: 11 May 2020

Catchwords: ADMINISTRATIVE LAW – appeal pursuant to s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) – appeal from decision of Administrative Appeals Tribunal (Tribunal) to set aside decisions of the applicant to cancel the first respondent's registrations under the National Vocational Education and Training Regulator Act 2011 (Cth) (NVR Act) and the Education Services for Overseas Students Act 2000 (Cth) (ESOS Act) – where the first respondent had not complied with relevant regulatory standards – whether Tribunal made an error of law in respect of its jurisdiction – powers exercisable by Tribunal under s 43(1) AAT Act "for the purpose of reviewing a decision" – whether the Tribunal exceeded its jurisdiction or acted beyond its power – whether Tribunal renewed registrations under relevant legislation – whether Tribunal had power to impose conditions on registration – whether the Tribunal had regard to an irrelevant consideration –where the Tribunal stands in the place of the original decision-maker in reviewing a decision of the original decision-maker – where Tribunal is not confined to exercise the same powers as those exercised by the original decision-maker – where it was open to the Tribunal to set aside decisions of the applicant to cancel the first respondent's registrations under the NVR Act and the ESOS Act – where it was open to the Tribunal to impose conditions on the first respondent's registration – where it was open to the Tribunal to align the first respondent's registrations under the NVR Act and the ESOS Act