El Masri and Optus Administration Pty Ltd (Compensation)

This matter concerned an application by Mr El Masri for an extension of time to lodge an application for review of a reconsideration decision made by Optus Administration Pty Ltd. The reconsideration officer had affirmed the denial of Mr El Masri's claim, and his application to the Tribunal for a review of this decision was lodged outside the prescribed 60-day period. The case was heard by D. J. Morris SM.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to extend the time for Mr El Masri to lodge his application for review, pursuant to section 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth). This required the Tribunal to be satisfied that granting the extension was reasonable, notwithstanding the lateness of the application.

The Tribunal's reasoning focused on the cause of the delay. The reconsideration decision was deemed received by Mr El Masri on 21 October 2022, meaning the 60-day period for lodging an application for review expired on 19 December 2022. The application was ultimately lodged on 22 February 2023. An affidavit from Mr El Masri's legal representative admitted an administrative oversight, where the application was saved but not diarised for lodgement. The solicitor acknowledged personal responsibility for failing to take the necessary steps within the required timeframe. The Tribunal was satisfied that the delay was not within Mr El Masri's control and was contrary to his instructions, as he had retained legal representatives and assumed they would lodge the application.

Consequently, the Tribunal was satisfied that it was reasonable in all the circumstances to extend the time. The Tribunal ordered that time be extended for Mr El Masri to lodge his application for review until 22 February 2023.