Sydney Institute of Tertiary Education Pty Ltd v Vocational Education and Training Accreditation Board [2010] NSWADT 209

CITATION: Sydney Institute of Tertiary Education Pty Ltd v Vocational Education and Training Accreditation Board [2010] NSWADT 209

DIVISION: General Division

APPLICANT Sydney Institute of Tertiary Education Pty Ltd PARTIES: RESPONDENT Vocational Education and Training Accreditation Board

FILE NUMBER: 093289

HEARING DATES: 22 and 26 July 2010

SUBMISSIONS CLOSED: 26 July 2010

DATE OF DECISION: 24 August 2010

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

CATCHWORDS: Review of student cap decision – maximum class sizes

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

CASES CITED: AT v Commissioner of Police [2010] NSWCA 131

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

1. By consent, the decision of the respondent to refuse the applicant's application for approval to provide for overseas students the following courses BSB40207 Certificate of IV in Business BSB51107 Diploma of Management BSB60407 Advanced Diploma of Management BSB41307 Certificate IV in Marketing BSB51207 Diploma of Marketing BSB60507 Advanced Diploma of Marketingis set aside and in substitution for that decision a decision is made to grant to the applicant approval to provide for overseas students the following courses:BSB40207 Certificate of IV in Business BSB51107 Diploma of Management BSB60407 Advanced Diploma of Management BSB41307 Certificate IV in Marketing BSB51207 Diploma of Marketing 2. By consent, the decision of the respondent purportedly to refuse what was said to have been the applicant's application for approval to amend its scope of registration is set aside and in substitution for that decision a decision is made to remove from the applicant's scope of registration as a registered training organisation the BSB60507 Advanced Diploma of Marketing ORDERS: 3. The decision of the respondent to refuse the applicant's application for a variation of the following condition of its registration as a registered training organisation, namelyThe maximum number of overseas students enrolled and studying does not exceed 150. This total capacity relates to all premises and all courses being delivered to overseas students in NSW by this provideris set aside and in substitution for that condition the following condition is imposed:The maximum number of overseas students enrolled and studying does not exceed 570. This total capacity relates to all premises and all courses being delivered to overseas students in NSW by this provider 4. By consent, the decision of the respondent to impose on the applicant's approval to provide courses for overseas students a condition that prevented it from doing anything for the purpose of recruiting or enrolling students and from soliciting or accepting any money from any student or intending student (other than from students who had begun their courses on or before the date on which the applicant was notified of the decision) is set aside 5. The applicant's application for costs is refused.