These proceedings involved an appeal from a decision of the AAT (constituted by DP Hanger AM QC), which set aside decisions made by ASQA to cancel Brighton Pacific’s registrations as a registered provider of vocational education and training.
The appeal concerned the extent of the Tribunal’s powers when reviewing decisions by ASQA to cancel a registered training organisation’s registrations. ASQA ran as questions of law that the Tribunal did not have the statutory power to order that, in lieu of cancellation, Brighton Pacific’s registrations be renewed for 3 years and that conditions be imposed on one of the registrations.
Collier J dismissed the appeal. Her Honour accepted Brighton Pacific’s argument that the Tribunal had power to make the orders that it did.
Angus O’Brien (led by Andrew Crowe QC) appeared for the respondent, Brighton Pacific.
The judgment is available here.