Bradley and Secretary, Department of Education

This matter concerned an application by Mr Bradley for an extension of time to seek review of a decision made by the University on 28 February 2020, which refused to remit fees for certain units of study. Mr Bradley had previously sought remission of these fees on multiple occasions, with his most recent prior application to the Tribunal for review of a similar decision being refused in 2018. The Secretary, Department of Education, was the respondent. The application was heard by Mr S Evans, Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine two issues: first, whether to grant an extension of time for Mr Bradley to lodge a substantive application for review of the 28 February 2020 decision; and second, if an extension of time was not granted, whether the application should be dismissed under section 42B of the Administrative Appeals Tribunal Act 1975 (Cth).

In considering the application for an extension of time, the Tribunal applied the principles established in *Hunter Valley Developments Pty Ltd v Cohen*, which include assessing the explanation for the delay, prejudice to the respondent, and the merits of the substantive application. The Tribunal found that Mr Bradley's explanation for the delay, which involved the receipt of "new information" in March 2022 and a subsequent delay of approximately seven months before lodging his application, was not satisfactory. Furthermore, the Tribunal noted that Mr Bradley had already completed the units in question, rendering his substantive application without merit. Crucially, given that this was Mr Bradley's third application concerning substantively the same matter and the Tribunal's second decision on the issue, the prejudice to the respondent was considered to be particularly stark.

Consequently, the Tribunal refused the application for an extension of time. The Tribunal then proceeded to make an order under subsection 42B(2) of the Administrative Appeals Tribunal Act 1975 (Cth), dismissing the application on the basis that it had no reasonable prospects of success.