Arbon and Comcare (Compensation)

This matter concerned an application for an extension of time to lodge an application for review before the Administrative Appeals Tribunal. The applicant, Mr. Arbon, sought to extend the time to appeal Comcare's decision of 23 October 2014, which affirmed the rejection of his compensation claim lodged in December 2013 following a cancer diagnosis. The application for extension of time was heard by Britten-Jones SM.

The primary legal issue before the Tribunal was whether to grant Mr. Arbon an extension of time to lodge his application for review, considering the significant delay of over two years. This required the Tribunal to assess the applicant's explanation for the delay, the merits of his substantive application, and the potential prejudice to the applicant if an extension were refused. The Tribunal was guided by the principle that an extension should not be granted if the substantive application is not reasonably arguable, and that the strength or weakness of the prospects of success can be a relevant consideration.

The Tribunal accepted Mr. Arbon's explanation for the delay, which included his initial decision not to pursue further action due to a period of relative health stability, followed by the return of his cancer in January 2016, necessitating palliative care and immediate treatment. Crucially, the Tribunal also took into account the severe personal difficulties Mr. Arbon and his wife faced during this period, including their struggles with their son's severe methamphetamine addiction, which led to property damage and his arrest. Furthermore, Mr. Arbon suffered a heart attack in March 2016, followed by intensive radiotherapy treatment that took six months to recover from. The Tribunal found that Mr. Arbon had an arguable case and that the considerable suffering he had endured, coupled with the devastating news of his incurable cancer, warranted granting the extension.

Consequently, the Tribunal granted Mr. Arbon's application for an extension of time to lodge his application for review in respect of the decision dated 23 October 2014.