Fitt and K & S Freighters Pty Limited (Compensation)

This matter concerned an application by the Applicant for an extension of time to apply for a review of a decision made by the Respondent. The dispute arose from a workplace injury sustained by the Applicant, which affected both his shoulders and was attributed to the physically demanding nature of his employment. The Applicant had not initially reported the injury, believing it to be minor. The application for review was lodged significantly out of time. The decision was made by Dr Stewart Fenwick, Senior Member, in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant the Applicant an extension of time to apply for a review. This required the Tribunal to consider the potential prejudice to the Respondent arising from the delay, balanced against the Applicant's right to have his claim substantively considered. The Tribunal also had to determine the weight to be given to the Applicant's apparent lack of sophistication and the timing of medical evidence in relation to the delay.

The Tribunal was persuaded that the Applicant's delay might indicate limited capacity rather than a deliberate indulgence, noting his lack of sophistication and the fact that he did not initially report the injury. While acknowledging the Respondent's interests in claims management and financial provision, the Tribunal found that the matter was not so old as to render these considerations decisive. The Tribunal considered that any disadvantage to the Respondent was outweighed by the real risk that the Applicant might lose substantive rights if an extension were not granted. Citing persuasive reasoning from *Phillips*, the Tribunal emphasised the importance of individual interests in the federal compensation jurisdiction, distinguishing the present case from authorities that adopted a stricter approach to time limits and placed a greater onus on the applicant.

Ultimately, the Tribunal was satisfied that the Applicant was suffering from a significant condition attributed to his employment and that, without an extension of time, he was likely to lose the opportunity to have his condition and potential entitlements fully considered. Accordingly, pursuant to section 29(7) of the *Administrative Appeals Tribunal Act 1975*, the Tribunal extended the time for the making of an application for review to 30 November 2019.