Sydney Business Institute Pty Ltd v NSW Vocational Education and Training Accreditation Board (GD) [2010] NSWADTAP 57

Appeal Panel - Internal

CITATION: Sydney Business Institute Pty Ltd v NSW Vocational Education and Training Accreditation Board (GD) [2010] NSWADTAP 57

APPELLANT Sydney Business Institute Pty Ltd PARTIES: RESPONDENT NSW Vocational Education and Training Accreditation Board

FILE NUMBER: 109001

HEARING DATES: 27 May 2010

SUBMISSIONS CLOSED: 27 May 2010

DATE OF DECISION: 20 August 2010

BEFORE: O'Connor K - DCJ (President); Furness G - Judicial Member; Blake C - Non-Judicial Member

CATCHWORDS: VOCATIONAL EDUCATION AND TRAINING – Cancellation of registration of provider – Cancellation of approval to enrol overseas students – Appeal – Adequacy of Reasons – Procedural Fairness – Possible Extension of Appeal to the merits – Appeal dismissed

DECISION UNDER APPEAL: Sydney Business Institute Pty Ltd v NSW Vocational Education and Training Accreditation Board [2009] NSWADT 322

FILE NUMBER UNDER APPEAL: 093245

DATE OF DECISION UNDER APPEAL: 12/24/2009

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Vocational Education and Training Act 2005

Barwick v Law Society of New South Wales (No. 2) [2003] NSWADTAP 4 Carlisle Homes Pty Ltd v Barrett Property Group Pty Ltd [2009] FCAFC 31 Housing Commission of New South Wales v Tatmar Pastoral Co [1983] 3 NSWLR 378 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Pettitt v Dunkley [1971] 1 NSWLR 376 CASES CITED: Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Satchithanantham v Zeaiter Corporate Holdings Pty Ltd [2009] NSWADTAP 53 Sinha v Health Care Complaints Tribunal [2001] NSWCA 206 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Stead v State Government Insurance Commission (1986) 161 CLR 141 Sydney Business Institute Pty Ltd v NSW Vocational Education and Training Accreditation Board [2009] NSWADT 322 Woodside & Anor v Director General, Department of Community Services [2000] NSWADTAP 8