Crocker 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 of the Department of Social Services. The applicant, Ms. Crocker, sought to have the Administrative Appeals Tribunal extend the time for her to seek a review of the Department's decision.

The Administrative Appeals Tribunal was required to determine whether it was reasonable in all the circumstances to grant an extension of time for the applicant to lodge her application for review. In doing so, the Tribunal considered the principles established in *Hunter Valley Developments Pty Ltd & Ors v The Hon. Barry Cohen, Minister for Home Affairs and Environment*, which include the length of the delay, the applicant's awareness of appeal rights and the explanation for the delay, the prospects of success, prejudice to the parties, and the availability of alternative avenues of relief.

The Tribunal found that the applicant's application for review was significantly out of time, being approximately one year, one month, and sixteen days beyond the prescribed 28-day period. The applicant stated that she had only recently learned she could appeal after a different government department identified traits that might qualify her for the Disability Support Pension, which she had been repeatedly denied. She also indicated that she had previously decided to "give up" due to the difficulty of the process and a lack of assistance. However, the Tribunal noted that the applicant had read the Department's decision and was unsure if she had read the cover letter detailing review rights. The Tribunal considered the substantial delay to weigh against granting an extension.

The Tribunal refused the application for an extension of time.