Academy of Beauty, Spa and Sports Therapies v Training and Employment Recognition Council

[2011] QCAT 61

CITATION: Academy of Beauty, Spa and Sports Therapies v Training and Employment Recognition Council [2011] QCAT 61

PARTIES:	Academy of Beauty, Spa and Sports Therapies
v
Training and Employment Recognition Council

APPLICATION NUMBER:   GAR354-10

MATTER TYPE: General administrative review matters

HEARING DATE:     On the papers

HEARD AT:  Brisbane

DECISION OF: Christine Jones, Member

DELIVERED ON: 25 February 2011

DELIVERED AT:      Brisbane

ORDERS MADE:

[1] Under Section 48(2) I order that:

(a)   the application to review a decision filed by the Academy of Beauty, Spa and Sports Therapies on 26 October 2010 be dismissed;

(b)   the date listed for directions hearing on 1 March 2011 and the date listed for hearing on 10 March 2011 be vacated.

CATCHWORDS : 

Dismissing application for review of administrative decision – failure to comply with directions and attend mediation without reasonable excuse – lack of response from applicant for review

Queensland Civil and Administrative Tribunal Act 2009, s 48(2)

APPEARANCES and REPRESENTATION (if any):

Decision on the papers.

REASONS FOR DECISION

1. This decision is about whether to dismiss an application by the applicant Academy for a review of a decision by the Training and Employment Recognition Council (the Council) to cancel the Academy’s registration as a training organisation under the Vocational Education, Training and Employment Act 2000.

1. One of the reasons for the application was that the decision to cancel the Academy’s registration prejudiced a number of students of the Academy who had nearly finished their training.

1. At a directions hearing on 7 December 2010, the Academy was directed to file any response to the Council’s material by 15 December 2010, and a compulsory conference was scheduled for 10 January 2011.  No material has been filed by the Academy and the Academy did not attend the compulsory conference.

1. The respondent Council applied on 19 January 2011 for orders to dismiss the application of the Academy.  The Council advised that it had served the application to dismiss by both mail and email.  The Tribunal registry notified the parties by mail and email of the Tribunal’s directions that the Academy file its response by 18 February 2011 and that the application to dismiss would be considered on the papers not before 21 February 2011. 

1. The grounds put forward by the Council for dismissal include the failure of the Academy to comply with directions of the Tribunal made on 7 December 2010 and the failure of the Academy to attend the compulsory conference.  No reasons have been put forward by the Academy for these failures.

1. The grounds of the Council’s application to dismiss also includes its unsuccessful attempts to contact the Academy, and information provided by third parties that indicate that the Academy has left its place of business and ceased operation. 

1. Although it is not possible to place much weight on the third party information, it is consistent with the lack of responsiveness of the Academy to directions of the Tribunal and indeed with efforts of the Tribunal’s registry to contact the applicant Academy.  Several attempts have been made by registry staff to contact the Academy by phone and email.  There has been no response.  Mail sent to the Academy’s address on 13 January 2011 and 10 February 2011 has been returned.

1. The Council has done all that has been required of it, including attendance at the compulsory conference.

1. I am satisfied that the failure of the Academy to comply with Tribunal directions and to attend mediation without reasonable excuse unnecessarily disadvantages the respondent Council.

[10] Under Section 48(2) I order that:

(a)the application to review a decision filed by the Academy of Beauty, Spa and Sports Therapies on 26 October 2010 be dismissed;

(b)the date listed for directions hearing on 1 March 2011 and the date listed  for hearing on 10 March 2011 be vacated.