Austech Institute for Further Education v Vocational Education and Training Accreditation Board [2009] NSWADT 323

CITATION: Austech Institute for Further Education v Vocational Education and Training Accreditation Board [2009] NSWADT 323

DIVISION: General Division

APPLICANT Austech Institute for Further Education Pty Limited PARTIES: RESPONDENT Vocational Education and Training Accreditation Board

FILE NUMBER: 093002

HEARING DATES: 1, 2, 3, 4 & 8 December 2009

SUBMISSIONS CLOSED: 8 December 2009

DATE OF DECISION: 24 December 2009

BEFORE: Hennessy N - Magistrate (Deputy President); Burke T - Non-Judicial Member

CATCHWORDS: Registered Training Organisation – cancellation of registration – cancellation of overseas student approval – review of decisions - Vocational Education and Training Act 2005

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

CASES CITED: Lockwood v Commonwealth (1954) 90 CLR 177 Brown v West (1990) 169 CLR 195 Vaw (Kurri Kurri) Pty Ltd v Scientific Committee (established under s 127 of the Threatened Species Conservation Act 1995) [2003] NSWCA 297; (2003) 58 NSWLR 631

APPLICANT P Singleton, barrister REPRESENTATION: RESPONDENT P Cribb, solicitor

1. The decision of the NSW Vocational Education and Training Accreditation Board to refuse Austech Institute for Further Education Pty Ltd's application for renewal of registration is set aside.In substitution for that decision, the following decision is made:Austech Institute for Further Education Pty Ltd's application for renewal of registration is granted ORDERS: 2. The decision of the NSW Vocational Education and Training Accreditation Board to refuse Austech Institute for Further Education Pty Ltd's application for approval to provide courses to overseas students is set aside.In substitution for that decision, the following decision is made:Austech Institute for Further Education Pty Ltd's application for approval to provide courses to overseas students is granted 3. The applications of Austech Institute for Further Education Pty Ltd to:a) add new sites;b) increase maximum student capacity to 1,000;c) add new courses from the SIT07 Tourism, Hospitality and Events Training Package (SIT80807 Certificate III in Hospitality and SIT50307 Diploma of Hospitality) are granted 4. These decisions come into effect 7 days from the date of this decision.