Coleman and Comcare

This matter concerned an application for an extension of time by Mr Coleman, who had an accepted injury pursuant to the Safety, Rehabilitation and Compensation Act 1988 (Cth). Comcare opposed the application. Mr Coleman sought review of a Comcare determination dated 29 January 2015, which found Comcare not liable to pay further compensation for permanent impairment and non-economic loss, based on an assessment that his current degree of impairment did not represent a subsequent increase of 10% or more from earlier assessments. Mr Coleman had requested reconsideration of this decision, which Comcare affirmed on 5 December 2015. Mr Coleman subsequently filed an application for an extension of time to seek review of the affirmed decision on 2 May 2017.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant Mr Coleman an extension of time to lodge his application for review. This required the Tribunal to consider the reasons for the delay in filing the application and the merits of the substantive application for review. The standard time limit for lodging an application for review under the Administrative Appeals Tribunal Act 1975 (Cth) is 28 days, but this is extended to 60 days for applications under the SRC Act.

The Member considered the explanation provided for the delay and the merits of Mr Coleman's substantive application. Having regard to all the information before the Tribunal, the Member was satisfied that it was reasonable in the circumstances to grant the extension of time.

The application for an extension of time was granted.