Dabbs and Comcare (Compensation)

This matter concerned an application by Mr Dabbs for an extension of time to request a reconsideration of a determination made by Comcare. The dispute arose because Mr Dabbs lodged his request for reconsideration outside the 30-day time limit prescribed by section 62(3) of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act). The decision was made by Member Regina Perton of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it should exercise its discretion to grant Mr Dabbs an extension of time to lodge his request for reconsideration, despite the application being out of time. This required the Tribunal to consider the principles governing the exercise of such discretion, including the explanation for the delay, the merits of the substantive application, and considerations of fairness.

The Tribunal applied the principles established in *Hunter Valley Developments Pty Ltd v Cohen*, which guide the exercise of discretion to grant an extension of time. These principles include assessing the explanation for the delay, whether the applicant has rested on their rights, prejudice to other parties, the merits of the substantive application, and fairness between similarly placed persons. Mr Dabbs contended that his delay was due to his continued efforts to work and serve the public, and that he was unaware of the determination until after the appeal period had expired, having only noticed a change in his pay. He also claimed difficulties in obtaining information from the respondent and managing his injury. However, the Tribunal found that, on balance, an extension of time was not appropriate, and therefore affirmed Comcare's decision to refuse the extension.