Mantra Training and Development Pty Ltd and Australian Skills Quality Authority

This matter concerned an application by Mantra Training and Development Pty Ltd for an extension of time to appeal a decision made by the Australian Skills Quality Authority (ASQA). The dispute arose from ASQA's rejection of Mantra's application, which Mantra subsequently sought to have reviewed internally. The decision was made by Mark Hyman, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether to grant Mantra an extension of time to lodge its application for review. This required the Tribunal to consider the principles governing the grant or refusal of such extensions, including the explanation for the delay, the merits of the underlying application, and any prejudice to the parties. A key aspect of the delay explanation involved the clarity and accuracy of the information provided by ASQA to Mantra regarding available review options.

The Tribunal reasoned that while ASQA argued Mantra had no acceptable explanation for its delay, the information provided by ASQA was confusing and potentially misleading. The decision letter of 6 March 2018 offered review by the Administrative Appeals Tribunal (AAT) as an option but did not clearly state whether internal review was available or by whom the decision was made. ASQA's website indicated that applicants would be informed if internal review was not an option, particularly if a decision was made jointly by ASQA's Commissioners, but this information was not readily apparent to Mantra. The Tribunal found that Mantra had attempted to have the matter reconsidered promptly and, despite choosing an incorrect review path, could not be entirely blamed due to the opaque nature of the documentation provided by ASQA.

Ultimately, the Tribunal granted Mantra an extension of time to lodge its application for review, finding that the applicant had made reasonable efforts to seek reconsideration and that the confusion surrounding the review process was attributable to ASQA's documentation.