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

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

DIVISION: General Division

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

FILE NUMBER: 093245

HEARING DATES: 25 and 26 November and 10 December 2009

SUBMISSIONS CLOSED: 10 December 2009

DATE OF DECISION: 24 December 2009

BEFORE: Hennessy N - Magistrate (Deputy President); Fitzgerald R - 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

Lockwood v Commonwealth (1954) 90 CLR 177 CASES CITED: 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 cancel the registration of Sydney Business Institute Pty Ltd as a Registered Training Organisation is affirmed ORDERS: 2.The decision of the NSW Vocational Education and Training Accreditation Board to cancel approval for Sydney Business Institute Pty Ltd to provide courses for overseas students is affirmed 3. These orders come into effect 14 days from the date of this decision.