Australian Business Skills Pty Ltd v Australian Skills Quality Authority (GD) [2013] NSWADTAP 9

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Australian Business Skills Pty Ltd v Australian Skills Quality Authority (GD) [2013] NSWADTAP 9 Hearing dates: 24 October 2012 Decision date: 19 February 2013 Jurisdiction: Appeal Panel - Internal Before: M Chesterman, Deputy President S Frost, Judicial Member P Smith, Non-judicial Member Decision: 1. The appeal is allowed in part. 2. Orders 1 and 4 in the Tribunal's decision dated 5 July 2012 are affirmed. 3. Order 2 in this decision of the Tribunal is set aside. 4. The application by Australian Business Skills Pty Ltd ('ABS') for renewal of its registration as a registered training organisation is granted for a period of three years, subject to the following conditions:- (a) At intervals of three months, ABS is to report to the Australian Skills Quality Authority ('ASQA'), in a manner approved by ASQA, as to its compliance with the requirement of 'direct supervision' imposed by the Determination of the National Quality Council dated 18 December 2009 and SNR 15.4 of the Standards for NVR Registered Training Organisations. (b) At intervals of six months, ABS is to submit to an audit by ASQA of the assessment processes that it undertakes in order to comply with SNR 15.5(b) of these Standards. 5. Subject to Order 6, the operation of Orders 1 to 4 is stayed until the expiry of 21 days from the date of this decision. 6. Either party may apply within 21 days (with notice to the other party) for these proceedings to be relisted before the Appeal Panel, for the purpose of receiving submissions seeking amendment of the terms in which Order 4 is phrased. In such event, the operation of Orders 1 to 4 will be stayed pending further order of the Appeal Panel. 7. The stay order granted by the Appeal Panel on 20 August 2012 is to be discharged on the expiry of 21 days from the date of this decision, unless an application is made under Order 6. If such an application is made, the stay order will remain in operation pending further order of the Appeal Panel. 8. There will be no order as to costs. Catchwords: Merits review - decision to cancel registration of a registered training organisation (RTO) - whether RTO non-compliant with standards relating to delivery of training, assessment and support for individual trainees - whether cancellation of registration justified Legislation Cited: Administrative Decisions Tribunal Act 1997 Apprenticeship and Traineeship Act 2001 National Vocational Education and Training Regulator (Transitional Provisions) Act 2011 National Vocational Education and Training Regulator Act 2011(Cth) Vocational Education and Training Act 2005 Cases Cited: Australian Academy of Commerce Pty Ltd v NSW Vocational Education Training Accreditation Board [2010] NSWADT 22 Australian Business Skills Pty Ltd v Australian Skills Quality Authority [2012] NSWADT 133 North v Television Corporation Ltd (1976) 11 ALR 599 Success Fast-Track Pty Ltd and Australian Skills Quality Authority [2012] AATA 531 Sydney Business Institute Pty Ltd v NSW Vocational Education Training Accreditation Board [2009] NSWADT 322 Category: Principal judgment Parties: Australian Business Skills Pty Ltd (Appellant) Australian Skills Quality Authority (Respondent) Representation: Counsel A Rogers (Appellant) Moloney Lawyers (Appellant) P Cribb (Respondent) File Number(s): 129025 Decision under appeal Citation: Australian Business Skills Pty Ltd v Australian Skills Quality Authority [2012] NSWADT 133 Date of Decision: 2012-07-05 00:00:00 Before: General Division File Number(s): 113122