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

This matter concerned an application for an extension of time to seek review of a decision by the Secretary of the Department of Social Services, which had been affirmed by the Social Security Appeals Tribunal. The applicant, Evans, sought to challenge the refusal of a Centrelink crisis payment.

The primary legal issue before the Tribunal was whether to grant an extension of time for the applicant to lodge their application for review, given that it was filed approximately eight years after the relevant decision was made and the statutory time limit of 28 days had expired.

The Tribunal considered the applicant's explanation for the significant delay. It found that there was no satisfactory explanation provided for the failure to comply with the 28-day requirement for lodging an application for review. In the absence of such an explanation, and given the considerable length of time that had elapsed, the Tribunal determined that it was not appropriate to grant an extension of time. Consequently, the application for an extension of time under subsection 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth) was refused.