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

This matter concerned an application by Mr Burdack for a second tier review of a decision regarding his disability support pension. The primary issue before the Administrative Appeals Tribunal was whether Mr Burdack had lodged his application for review within the prescribed time. Mr Burdack contended that he had faxed his application to the Tribunal, and sought an extension of time to pursue the review.

The Tribunal was required to determine whether Mr Burdack's application for a second tier review was made within the time prescribed by the relevant legislation, and if not, whether an extension of time should be granted. This involved considering the evidence of when the application was sent and received by the Tribunal.

The Tribunal found that Mr Burdack had indeed lodged his application within the prescribed time. Consequently, the application for an extension of time was dismissed as unnecessary. Mr Burdack was therefore permitted to proceed with his application for a second tier review.