Emery and Comcare (Compensation)

This matter concerned an application by Mr Emery for an extension of time to seek review of a decision made by Comcare on 4 February 2016. The application was heard by Senior Member Tavoularis of the Administrative Appeals Tribunal. The applicant had a long history of involvement with Comcare and the Tribunal, spanning over twenty years.

The primary legal issue before the Tribunal was whether it was satisfied that it was reasonable in all the circumstances to grant Mr Emery an extension of time to file his Application for Review. This required the Tribunal to consider the length of the delay and whether an acceptable explanation had been provided for the delay, as well as the applicant's awareness of his appeal rights.

In determining the application, the Tribunal applied the principles established in *Hunter Valley Developments Pty Ltd v Cohen* and subsequent cases. The applicant filed his Application for Review on 18 May 2016, which was 44 days outside the prescribed 60-day statutory timeframe. The Tribunal found that the applicant had not provided an acceptable explanation for this delay, nor had he demonstrated that it would be fair and equitable to extend the time. The Tribunal noted that entities like Comcare are entitled to assume that claims not pursued within applicable time limits are finalized.

The Tribunal refused the application for an extension of time.