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

The Administrative Appeals Tribunal (AAT) considered an application by CSRN for an extension of time to lodge an appeal against a decision of the Social Services and Child Support Division of the AAT dated 12 April 2017. The Secretary, Department of Social Services, opposed the application, arguing that the substantive application had limited prospects of success and that there had been a significant delay in lodging the appeal.

The central legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant an extension of time for CSRN to lodge her application for review. This required the Tribunal to consider the principles established for such applications, including the length of the delay, the applicant's awareness of appeal rights and the explanation for any delay, and the merits of the substantive application.

The Tribunal applied the principles derived from cases such as *Hunter Valley Developments Pty Ltd v Cohen* and *Re Johnson*, which require consideration of whether the applicant "rested on their rights," any prejudice to the respondent, wider public prejudice, the merits of the substantive application, and fairness between similarly situated individuals. In this instance, the AAT decision was notified on 21 April 2017, and the application for an extension of time was received on 9 August 2017, meaning the application was 75 days out of time. While the applicant provided reasons for the delay, including hospitalisation due to pregnancy complications and postnatal depression, and also cited dyslexia and a belief of having suffered an injustice, the Tribunal found that these factors, when weighed against the significant delay and the limited prospects of success of the substantive application, did not render it reasonable to grant an extension.

Consequently, the Tribunal refused CSRN's application for an extension of time to lodge her application for review of the AAT decision.