Focal Holdings Pty Ltd v NSW Vocational Education and Training Accreditation Board [2010] NSWADT 226

CITATION: Focal Holdings Pty Ltd v NSW Vocational Education and Training Accreditation Board [2010] NSWADT 226

DIVISION: General Division

APPLICANT Focal Holdings Pty Ltd PARTIES:

RESPONDENT NSW Vocational Education and Training Accreditation Board

FILE NUMBER: 103010

HEARING DATES: 17, 18, 19, 20 & 21 May 2010

SUBMISSIONS CLOSED: 21 May 2010

DATE OF DECISION: 14 September 2010

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

CATCHWORDS: VOCATIONAL EDUCATION - Cancellation of registration and approval - whether applicant's ethical standards warrant registration and approval

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

CASES CITED: Sydney Business Institute Pty Ltd v NSW Vocational Education and Training Accreditation Board [2009] NSWADT 322 Austech Institute for Further Education v Vocational Education and Training Accreditation Board [2009] NSWADT 323

APPLICANT M Cleary, barrister REPRESENTATION: RESPONDENT P Cribb, solicitor

1. The respondent's decision to cancel the applicant's registration as a training organisation is set aside 2. The respondent's decision to refuse the applicant's application for renewal of registration as a training organisation is set aside. In substitution for that decision a decision is made to register the applicant as a training organisation ORDERS: 3. The respondent's decision to cancel the applicant's approval to provide courses to overseas students is set aside. 4. The respondent's decision to refuse the applicant's application for renewal of approval to provide courses to overseas students is set aside. In substitution for that decision a decision is made to approve the applicant to provide the courses to overseas students for which it had approval prior to the decisions under review being made. The approval is made on condition that the courses be conducted from the Greenfield Parade, Bankstown premises occupied by the applicant. In addition, the maximum number of students that can be enrolled and studying at those premises is 350 5. The respondent's decision to impose a condition on the applicant to prevent it from recruiting or enrolling any new students is set aside.