Security Training and Tactics Pty Ltd v Australian Skills Quality Authority [2012] NSWADT 178

Security Training and Tactics Pty Ltd v Australian Skills Quality Authority [2012] NSWADT 178

Although Security Training and Tactics Pty Ltd was non-compliant with several Standards for Continuing Registration, those deficiencies, if rectified promptly, do not justify cancellation of its registration as a Registered Training Organisation. STAT is compliant with the Fit and Proper Person Requirements, and prior ethical and record keeping concerns are not currently relevant. The Tribunal set aside ASQA's cancellation decision as it was not the correct and preferable outcome on the evidence and law at the hearing date.

Parties
Applicant: Security Training and Tactics Pty Ltd; Respondent: Australian Skills Quality Authority
Jurisdiction
Australia
Judgment Date
29 August 2012
Procedural Posture
Merits Review / Principal Judgment
Outcome
The decision to cancel the registration of Security Training and Tactics Pty Ltd as a Registered Training Organisation is set aside.
Legal Topics
Cancellation of Registration, Registered Training Organisations, Non Compliance With Training Standards, Fit and Proper Person Requirements
Administrative Law Education Law Cancellation of Registration Registered Training Organisations Non Compliance With Training Standards Fit and Proper Person Requirements

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 2 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Security Training and Tactics Pty Ltd

Applicant

Australian Skills Quality Authority

Respondent

Procedural Posture

Merits Review / Principal Judgment

Legal Issues

  1. 1 Is Security Training and Tactics Pty Ltd non-compliant with any of the Standards for Continuing Registration or Fit and Proper Person Requirements?
  2. 2 Does such non-compliance justify cancellation of registration as a Registered Training Organisation?
  3. 3 Has ASQA made the 'correct and preferable' decision in cancelling STAT's registration under the applicable law?

Ratio Decidendi

Although Security Training and Tactics Pty Ltd was non-compliant with several Standards for Continuing Registration, those deficiencies, if rectified promptly, do not justify cancellation of its registration as a Registered Training Organisation. STAT is compliant with the Fit and Proper Person Requirements, and prior ethical and record keeping concerns are not currently relevant. The Tribunal set aside ASQA's cancellation decision as it was not the correct and preferable outcome on the evidence and law at the hearing date.

Court Disposition

The decision to cancel the registration of Security Training and Tactics Pty Ltd as a Registered Training Organisation is set aside.

Orders

  • The decision to cancel the registration of Security Training and Tactics Pty Ltd as a Registered Training Organisation is set aside.