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

This matter concerned an application for an extension of time to lodge an application for review of a decision made by the Secretary, Department of Social Services. The applicant, Ms Chaker, sought to have the reviewable decision of 18 March 2019 reconsidered by the Administrative Appeals Tribunal. The primary issue was whether it was reasonable to grant an extension of time for the applicant to file her application for review, which was lodged on 16 May 2019, approximately 15 days after the prescribed deadline.

The Tribunal was required to determine the principles applicable to granting an extension of time for lodging an application for review, particularly in circumstances where the applicant has a history of non-appearance or late filings. The Tribunal also had to consider the merits of the substantive matter, the applicant's specific circumstances, including her diagnosed mental health conditions and the complexity of assembling necessary supporting medical documentation, and whether these factors justified an extension despite a lack of a perfectly clear explanation for the delay.

The Tribunal reasoned that while the applicant's explanation for the 15-day delay in filing was not entirely clear and consistent, it was primarily attributed to the ongoing effort to gather essential medical information. The Tribunal acknowledged that the applicant had other avenues, such as filing a fresh application for Disability Support Pension, but considered the significant work and potential further delays involved in such a process. Taking into account the applicant's specific disabilities, particularly her mental health conditions, and the overall circumstances, the Tribunal concluded that granting some leniency was appropriate and reasonable.

Consequently, the Tribunal extended the time for the applicant to file her application for review until 16 May 2019, thereby allowing the review of the decision dated 18 March 2019 to proceed.