Devlin and Australian Postal Corporation (Compensation)

The Administrative Appeals Tribunal considered an interlocutory application by Mr Devlin seeking an extension of time to lodge an application for review of a decision made by the Australian Postal Corporation. The dispute concerned Mr Devlin's claim for compensation.

The primary legal issue before the Tribunal was whether to grant Mr Devlin an extension of time to lodge his application for review, pursuant to section 29(7) of the *Administrative Appeals Tribunal Act 1975*. This required the Tribunal to consider the explanation for the delay, the prospects of success of the substantive claim, and any prejudice to the parties.

The Tribunal refused the application, finding Mr Devlin's explanation for the delay unsatisfactory. Crucially, Mr Devlin had received legal advice that his claim for permanent impairment under section 24 of the *Safety, Rehabilitation and Compensation Act 1992* (SRC Act) was unlikely to succeed, as it did not appear to meet the threshold of a 10% or greater impairment. While he mentioned obtaining a second opinion, the report was not produced, and the information conveyed did not suggest a strong prospect of success. The Tribunal noted that even when considering the available materials at their highest, there was no indication that Mr Devlin would succeed in his claim. Although prejudice is a relevant factor, no evidence of prejudice due to the delay was presented.