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

The Administrative Appeals Tribunal considered an application by Cini (the applicant) seeking an extension of time to lodge a substantive application for review of the start date for her Disability Support Pension. The Secretary, Department of Social Services, was the respondent. The applicant had previously sought an extension of time, which was granted, but subsequently withdrew her substantive application. She then lodged a new request for an extension of time and a new substantive application, significantly beyond the statutory 28-day period.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to extend the time for the applicant to lodge her substantive application. This involved considering the provisions of section 13 of the *Administration Act* and the evidence presented. The Tribunal was required to determine if there was any utility in considering the substantive application, given the elapsed time and the nature of the relief sought.

The Tribunal reasoned that even if it were to grant an extension of time, no substantive relief could be provided to the applicant regarding an earlier payment date for her Disability Support Pension than the effective date of 29 June 2017. This date was accepted by the respondent as the date the applicant first contacted the Department to claim the pension, followed by a written claim eight days later. As there was no provision for earlier payment and therefore no utility in considering the substantive application, the Tribunal refused to extend the time. Consequently, pursuant to section 29(7) of the *Administrative Appeals Tribunal Act 1975*, the Tribunal refused to extend time in respect of the application lodged on 25 September 2021.