AIMT Pty Ltd and Australian Skills Quality Authority

This matter concerned applications by AIMT Pty Ltd and another party (the Applicants) to dismiss a decision by the Australian Skills Quality Authority (ASQA) to cancel their registration as Registered Training Organisations. The applications were heard by M Griffin QC SM in the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the Applicants' applications had reasonable prospects of success and whether the Applicants had failed to proceed with their applications or comply with a direction within a reasonable time.

The Tribunal found that the Applicants had admitted to failing to produce responsive material to a direction issued on 27 September 2018. The Tribunal noted a history of non-compliance by the Applicants, referencing a previous decision in AIMT Pty Ltd and Australian Skills Quality Authority [2017] AATA 1234. In that prior matter, the Applicants had failed to comply with directions issued on 31 March 2017 regarding the filing of witness statements and documents for a dismissal application. Despite repeated requests and notices, the Applicants did not provide the required material, nor did they seek an extension of time. The Tribunal concluded that the Applicants had ample time to prepare and serve their material and had not provided adequate explanations for their non-compliance.

Consequently, the Tribunal dismissed the Applicants' applications.