Australian Accredited College Institute Pty Ltd and Australian Skills Quality Authority

This matter concerned an application for an extension of time made by Australian Accredited College Institute Pty Ltd (the applicant) in proceedings before the Administrative Appeals Tribunal against the Australian Skills Quality Authority (the respondent). The applicant sought to extend the time within which to lodge a substantive application.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant the applicant an extension of time under section 29(7) of the *Administrative Appeals Tribunal Act 1975*. This required the Tribunal to consider various factors, including the explanation for the delay, whether the applicant had "rested on their rights," any prejudice to the respondent or other parties, and the merits of the substantive application.

The Tribunal applied the principles established in *Hunter Valley Developments Pty Ltd v Cohen*, which provide a framework for assessing applications for extensions of time. These principles require an applicant to demonstrate an acceptable explanation for the delay, distinguish between resting on rights and actively contesting a decision, and consider prejudice to the respondent and others, as well as the merits of the underlying application and fairness between similarly situated persons. The Tribunal noted the importance of time limits in public administration, as articulated by the High Court in *Brisbane South Regional Health Authority v Taylor*, highlighting the potential for evidence loss, oppression to respondents, and disruption to the ability of individuals to arrange their affairs.

The Tribunal refused the extension of time.