Fahey and Secretary, Department of Employment and Workplace Relations

[2023] AATA 419

Fahey and Secretary, Department of Employment and Workplace Relations [2023] AATA 419 (8 March 2023)

Division:GENERAL DIVISION

File Number(s):      2022/1523

Re:Mikalah Fahey

APPLICANT

AndSecretary, Department of Employment and Workplace Relations

RESPONDENT

INTERLOCUTORY Decision

Tribunal:Deputy President B W Rayment OAM KC

Date:8 March 2023

Place:Sydney

An extension of time is granted until 31 March 2023 for the applicant to apply for a review of the respondent’s decision.

...............................[SGD].........................................

Deputy President B W Rayment OAM KC

Catchwords

PRACTICE AND PROCDURE – application for extension of time to apply for review – whether there are reasonable prospects of success – issue unable to be determined without hearing evidence – extension of time granted

REASONS FOR DECISION

Deputy President B W Rayment OAM KC

8 March 2023

1. This proposed review involves a dispute between the applicant and a VET provider known as the New York Film Academy Australia (NYFA) as to whether circumstances exist which produce the consequence that it is appropriate for the respondent to re-credit the applicant under the VET FEE-HELP Student Redress Measures.

2. The present application is for an extension of time of 41 days. The delay has been explained by the applicant. In support of the respondent’s suggestion that the review has no reasonable prospects of success, I have heard from both parties and the respondent has obtained material from the VET provider which denies relevant assertions of the applicant. That shows, in my opinion, that the applicant’s delay has caused no prejudice, and the delay issue should be resolved in favour of the applicant.

3. The differences between the applicant and the VET provider are stark and are such that I cannot resolve them on the papers without hearing evidence from the parties. I have therefore decided that I should extend the time for the review.

4. The matter will, as is usual, be placed before a Conference Registrar before being set down for hearing. If the review is not resolved, the extensive work already done by the parties on the question of merit should assist the parties in their preparation for the final hearing.

5. An extension of time is granted until 31 March 2023 for the applicant to apply for a review of the respondent’s decision.

I certify that the preceding 5 (five) paragraphs are a true copy of the reasons for the decision herein of Deputy President B W Rayment OAM KC

.....................................[SGD]...................................

Associate

Dated: 8 March 2023

Date(s) of hearing:	19 April 2022 & 30 September 2022
Date final submissions received:	10 February 2023
Applicant:	In person
Solicitors for the Respondent:	Australian Government Solicitor