Oztech Trade Training College Pty Ltd and Australian Skills Quality Authority

The Administrative Appeals Tribunal considered an application by Oztech Trade Training College Pty Ltd (the Applicant) for an extension of time to seek review of a decision by the Australian Skills Quality Authority (the Respondent) to refuse to renew the Applicant's registration as a registered training organisation. The Applicant sought to extend the time for making an application to the Tribunal to review the Respondent's decision of 15 October 2019, which refused its renewal 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 to lodge its application for review, pursuant to section 29(7) of the Administrative Appeals Tribunal Act 1975. This required the Tribunal to consider the reasons for the significant delay in lodging the application, which occurred on 4 June 2020, some seven months after the decision to refuse renewal was made and well after the Applicant's registration expired on 19 November 2019.

The Tribunal's reasoning focused on the Applicant's conduct and explanations for the delay. While the Applicant's Director and CEO, Mr Khan, relied on advice from Counsel that an appeal of a separate cancellation decision would encompass the renewal refusal, he was aware by 14 January 2020 that no application had been filed to review the non-renewal decision. Despite this knowledge, no steps were taken to rectify the situation for a further three months. Furthermore, the Applicant failed to provide essential student records to the Respondent, a continuing obligation under the National Vocational Education and Training Regulator Act 2011, which the Tribunal considered relevant to the overall circumstances. The Tribunal found that the Applicant had not offered a satisfactory explanation for the prolonged delay, even after instructing new solicitors.

Ultimately, the Tribunal concluded that it was not reasonable in all the circumstances to grant the Applicant an extension of time. The application for an extension of time was therefore refused. The Tribunal noted that this refusal did not preclude the Applicant from applying for registration again in the future.