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Where am I now? Lawlink > Administrative Decisions Tribunal of NSW > Practice and Procedures > Practice Notes > Practice Note Number 25
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ADMINISTRATIVE DECISIONS TRIBUNAL VOCATIONAL EDUCATION & TRAINING ACCREDITATION BOARD (VETAB) REVIEWS: GUIDELINE 1. Purpose This Guideline provides information about the Tribunal’s practice in relation to reviews of VETAB decisions. Please note that as of 30 June 2011, the Vocational Education and Training Act 2005 was repealed. As of that date no applications can be lodged with the Tribunal under s 47 of that Act. The Tribunal can continue to determine applications that had been filed before 30 June 2011. The Australian Skills Quality Authority (ASQA) is substituted as the respondent in place of VETAB in each of those applications. 2. Relevant Legislation and Standards Vocational Education and Training Act 2005 (VET Act) Administrative Decisions Tribunal Act 1997 (ADT Act). In this Guideline, “Standards” refers to the:
b) Australian Quality Training Framework (AQTF) Essential Conditions and Standards for Continuing Registration or their equivalents as in force at the time that the reviewable decision was made. 3. Application for Review The Tribunal will send a copy of the application for review to VETAB and a letter to both parties advising them of the first directions date. The date will be about 5 weeks after the application is filed in the Tribunal. 4. Application for a Stay of Decision If an applicant applies for a stay of the VETAB decision, the stay application will be listed within 5 working days. The parties are encouraged to come to an agreement about the stay application where possible and inform the Tribunal of any such agreement at the earliest opportunity. 5. Statement of reasons and s 58 documents Within 28 days of receiving the application, VETAB is to send to the Tribunal and the applicant:
b) the material set out in s 58(1) of the ADT Act. Depending on the complexity of the statement of reasons, the Tribunal may direct VETAB to prepare a document ranking non-compliances with the Standards in order of significance. That document should explain the significance of each non-compliance, referring, where relevant, to:
b) its effect on teachers or students; and c) the timeliness and effectiveness of the applicant’s response to the non-compliance. The Australian Quality Training Framework (AQTF) 2007, National Guideline for Managing Non-Compliance (including any successor instrument) may guide the Tribunal’s consideration of these issues, but is not binding. 6. Case Management Applicants for review of VETAB decisions must apply to the Tribunal for leave to file and serve new material addressing non-compliances identified by VETAB in the Statement of Reasons. If leave is granted, the timetable will be amended accordingly. If, as a result of the filing of new material, VETAB wishes to amend the grounds for its decision by identifying those parts of its reasons on which it no longer relies, it may do so. VETAB may only vary the decision itself, as distinct from the reasons for decision:
b) after the Tribunal remits the matter in accordance with s 65 of the ADT Act. If the matter is remitted, VETAB is to reconsider the decision in light of the new material and/or its changed view and revise the Statement of Reasons. The Tribunal will make directions as to the date by which VETAB is to reconsider the decision and the date by which the applicant must advise VETAB and the Tribunal whether it wishes to proceed with an application for review of the reconsidered decision or whether it wishes to withdraw the application. At any time before or during the hearing, the Tribunal may make a direction limiting:
b) the number of witnesses (including expert witnesses) that a party may call; c) the time for making any oral submissions; d) the time for a party to present the party’s case; and e) the time to hear the matter. Issued: 20 September 2010 Re-issued: 1 August 2011 |
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