Australian Academy of Commerce Pty Ltd v NSW Vocational Education and Training Accreditation Board [2010] NSWADT 225

CITATION: Australian Academy of Commerce Pty Ltd v NSW Vocational Education and Training Accreditation Board [2010] NSWADT 225 This decision has been amended. Please see the end of the decision for a list of the amendments.

DIVISION: General Division

APPLICANT Australian Academy of Commerce Pty Ltd PARTIES: RESPONDENT NSW Vocational Education and Training Accreditation Board

FILE NUMBER: 103014

HEARING DATES: 13, 14, 20 July and 5 August 2010

SUBMISSIONS CLOSED: 5 August 2010

DATE OF DECISION: 14 September 2010

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

CATCHWORDS: Cancellation of registration and approval of registered training organisation – compliance with standards

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

APPLICANT D Jarrett, barrister REPRESENTATION: RESPONDENT P Cribb, solicitor

1.The respondent's decision to impose the "No New Business Condition" on the applicant is set aside 2.The respondent's decision to cancel the applicant's registration as a Registered Training Organisation is set aside 3.The respondent's decision to cancel the applicant's approval to provide courses for overseas students is set aside ORDERS: 4.The respondent's decision to refuse to renew the applicant's registration as a Registered Training Organisation is set aside. In substitution for that decision, a decision is made to renew the applicant's registration as a Registered Training Organisation 5.The respondent's decision to refuse to renew the applicant's approval to provide courses for overseas students is set aside. In substitution for that decision a decision is made to renew the applicant's approval to provide courses to overseas students 6.The respondent's decision to refuse the applicant's application to operate on an additional site is set aside. In substitution for that decision a condition is imposed on the applicant's approval to provide courses to overseas students that it be permitted to operate on an additional site 7.The respondent's decision to refuse the applicant's application for an increase in capacity from 150 to 465 is set aside. In substitution for that decision, a condition is imposed on the applicant's approval to provide courses to overseas students that 433 overseas students can be enrolled and studying at any time.