Institute of Western Australia Pty Ltd t/a National Community Training and Education and Australian Skills and Quality Authority

The Administrative Appeals Tribunal (AAT) considered applications for review by Institute of Western Australia Pty Ltd t/a National Community Training and Education (the applicant) of decisions made by the Australian Skills and Quality Authority. These decisions involved the cancellation of the applicant's registration as a registered training organisation and the rejection of its application for renewal of that registration. The primary issue before the Tribunal was whether to dismiss the applicant's applications for review.

The Tribunal was required to determine whether the applicant had failed to proceed with its applications or failed to comply with the Tribunal's directions, as contemplated by section 42A(5) of the Administrative Appeals Tribunal Act 1975 (Cth). This section empowers the Tribunal to dismiss an application if the applicant fails, within a reasonable time, to proceed with the application or to comply with a direction given by the Tribunal.

The Tribunal found that the applicant had continuously failed to comply with directions issued by the Tribunal over an extended period. Despite multiple opportunities and directions, including consent orders and timetabling, the applicant did not progress its applications. The Tribunal noted that the applicant's representative had indicated significant difficulty in obtaining instructions from the applicant and had sought leave to cease acting for them due to this inability. Consequently, the Tribunal determined that dismissal under section 42A(5) was appropriate, without needing to consider dismissal under section 42A(2) for failure to appear. The applications were therefore dismissed for failure to proceed.