Access Group Training Pty Ltd and Australian Skills Quality Authority

This matter concerned an application by Access Group Training Pty Ltd (AGT) for an extension of time to seek review of a decision by the Australian Skills Quality Authority (ASQA) to cancel AGT's registration as a registered training organisation and refuse its application to withdraw its registration. The application was heard by Member Mark Hyman.

The primary legal issues before the Tribunal were whether to grant AGT an extension of time to lodge its application for review, considering the governing principles for such applications, namely the explanation for the delay, the prospects of success, the prejudice to the parties, and the overall fairness and consequences of the decision. ASQA argued that AGT's explanation for the delay was unpersuasive, its prospects of success were limited due to ongoing compliance issues and financial viability concerns, and that granting an extension would undermine public expectations of finality in government affairs.

The Tribunal considered the explanation for the six-day delay, accepting that administrative errors can occur and are tolerable if quickly corrected, especially given AGT's prompt action upon recognising the problem and its expedition in addressing compliance issues. Regarding prospects of success, the Tribunal found ASQA's contention unpersuasive, noting that AGT appeared to have a case to put and reasonable prospects of success, particularly as it was actively addressing compliance issues and had presented a new business plan to address financial viability concerns. The Tribunal was willing to accept assurances that AGT would meet legislative requirements if registration were granted.

The Tribunal granted the extension of time, finding that the delay was short, AGT had not rested on its rights, and had acted with expedition. The Tribunal was also persuaded that AGT had reasonable prospects of success and that granting the extension would be fair and consistent with the overall objectives of the legislation.