Commonwealth of Australia v Wright Solution Qld Pty Ltd [2018] FCA 1575

Commonwealth of Australia v Wright Solution Qld Pty Ltd [2018] FCA 1575

Wright Solution Qld Pty Ltd contravened ss 117(1) and 121 of the NVR Act by providing, offering, and issuing VET course statements while not registered as a training organisation. Jason Richard Wright was liable for aiding and procuring these contraventions under s 138. Penalties were imposed taking into account course of conduct grouping, the nature of the contraventions, public harm risk, and cooperation, with a 25% discount for cooperation.

Parties
Applicant: Commonwealth of Australia; First Respondent: Wright Solution Qld Pty Ltd; Second Respondent: Jason Richard Wright
Jurisdiction
Australia
Judgment Date
18 October 2018
Procedural Posture
Civil Penalty Proceeding / Judgment and Final Orders
Outcome
Declarations made and civil penalties imposed against respondents. Respondents ordered to pay applicant's costs.
Legal Topics
Vocational Education and Training, Civil Penalties, Registered Training Organisations, Statutory Compliance, Deterrence, Declaratory Relief
Administrative and Constitutional Law and Human Rights Education Law Vocational Education and Training Civil Penalties Registered Training Organisations Statutory Compliance Deterrence Declaratory Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Commonwealth of Australia

Applicant

Wright Solution Qld Pty Ltd

First Respondent

Jason Richard Wright

Second Respondent

Procedural Posture

Civil Penalty Proceeding / Judgment and Final Orders

Legal Issues

  1. 1 Did Wright Solution Qld Pty Ltd contravene ss 117(1) and 121 of the National Vocational Education and Training Regulator Act 2011 (Cth) by providing or offering VET courses and issuing VET statements of attainment after ceasing to be a registered training organisation?
  2. 2 Did Jason Richard Wright, as director, secretary and shareholder, knowingly permit or cause Wright Solution to engage in the said contraventions and thereby contravene s 138 of the NVR Act?
  3. 3 What is the appropriate range and calculation of pecuniary penalties for these civil penalty contraventions under the NVR Act?

Ratio Decidendi

Wright Solution Qld Pty Ltd contravened ss 117(1) and 121 of the NVR Act by providing, offering, and issuing VET course statements while not registered as a training organisation. Jason Richard Wright was liable for aiding and procuring these contraventions under s 138. Penalties were imposed taking into account course of conduct grouping, the nature of the contraventions, public harm risk, and cooperation, with a 25% discount for cooperation.

Court Disposition

Declarations made and civil penalties imposed against respondents. Respondents ordered to pay applicant's costs.

Orders

  • Wright Solution pay $180,000 in pecuniary penalties to the Commonwealth for contraventions of ss 117(1) and 121 of the NVR Act.
  • Jason Richard Wright pay $69,750 in pecuniary penalties to the Commonwealth for contraventions of s 138 of the NVR Act.