Alnaser and Secretary, Department of Social Services (Social services second review)

This matter concerned an application by Mr Alnaser for an extension of time to lodge an application for review of a decision made by the Secretary of the Department of Social Services. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether it was reasonable in all the circumstances to grant this extension. The Respondent opposed the application.

The central legal issue before the Tribunal was whether to exercise its discretion under s 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth) to extend the time for Mr Alnaser to lodge his application for review. This required the Tribunal to consider various factors judicially established for such applications, including the length of the delay, the explanation for the delay, whether the applicant rested on their rights, any prejudice to the respondent or the public, and the merits of the substantive application.

The Tribunal considered that Mr Alnaser's application was lodged in excess of 60 days out of time, which was a significant delay. It noted that granting an extension after such a period could be inconsistent with the principles of certainty and finality in administrative decision-making. Furthermore, Mr Alnaser provided no satisfactory explanation for the delay, stating only that he believed the Respondent had taken a long time to provide its decision and that he was unaware he needed to take further action. Information regarding his review rights had been provided with the original decision, and interpreter services were available. The Tribunal found these explanations insufficient.

The Tribunal concluded that, in light of the significant delay, the lack of a satisfactory explanation, and the fact that Mr Alnaser appeared to have rested on his rights, it was not reasonable to grant an extension of time. Accordingly, the application for an extension of time was refused.