21. Regulatory / Professional Discipline

A.  Overview

The economic impact of COVID-19 may be relevant to a wide variety of regulatory and disciplinary issues.

B.  Legislation

As of the last update, we are not aware of any COVID-19 related legislation in this area.

C.  Case law

​The economic impact of COVID-19 may be relevant to determining the financial impact of a regulatory penalty: O’Sullivan v Racing Victoria Limited (No 2) (Review and Regulation) [2020] VCAT 433, [28].
 
It may also be relevant in the context of applications for registration under various regulatory schemes.
 
For example, an applicant for registration as a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cth), in providing evidence to satisfy the regulator of its financial viability, may need to address economic difficulties which might arise from COVID-19 infections: Trades College Australia Pty Ltd and Australian Skills Quality Authority [2020] AATA 812, [21].
 
In deciding to stay, pending review, a decision to cancel the statutory approval of a family day care service, NCAT accepted a submission that the public interest favoured the continuation of a daycare service relied on by families during the COVID-19 pandemic: see Early Childhood Education Australia Pty Ltd v Secretary, Department of Education (NSW) [2020] NSWCATAD 118, [28], [29], [35]. Such considerations might also be relevant to the substantive review of disciplinary decisions in respect of the statutory permission of trades or professions properly characterised as “essential services”.