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

This matter concerned an application by Tammy Barnett for an extension of time to seek review of a decision made by the Administrative Appeals Tribunal (AAT) concerning overpayment debts related to parenting payment, family tax benefit, and childcare tax rebate. The AAT's first review decision, issued on 1 December 2017, had set aside the original decision and remitted the matter for reconsideration, finding that Ms Barnett had commenced living as a member of a couple from 24 September 2005, which impacted her liability for overpayment debts. Ms Barnett lodged her application for an extension of time on 11 November 2022, almost four years after receiving the AAT's decision.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant Ms Barnett an extension of time to apply for a review of the AAT's first review decision, pursuant to section 29(7) of the Administrative Appeals Tribunal Act 1975. The prescribed period for lodging such an application was 28 days after the decision was given to the applicant. Ms Barnett had provided supporting documentation, including clinical notes from general practitioners and a letter from a friend, in support of her application for an extension.

The Member considered all the relevant circumstances presented by Ms Barnett, including the medical and personal support documents. However, the Tribunal was not satisfied that it was reasonable to grant an extension of nearly four years. The balance of considerations weighed against granting the extension. Consequently, the application for an extension of time was refused.