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

The Administrative Appeals Tribunal (AAT) considered an application by Ms Foster for an extension of time to make an application for review. Ms Foster sought to challenge a decision concerning a debt owed to the Commonwealth. The AAT Member, Mr S. Webb, was required to determine whether it was reasonable in all the circumstances to grant an extension of time under section 29(7) of the *Administrative Appeals Tribunal Act 1975* (AAT Act), given that her application was significantly outside the prescribed 28-day period.

The legal issues before the Tribunal were whether Ms Foster had provided an acceptable explanation for the considerable delay, whether she had rested on her rights, the potential prejudice to the respondent, the merits of her proposed application, and the availability of alternative avenues for relief. The Tribunal noted that while the Secretary of the Department of Social Services did not oppose the extension, the onus remained on the Tribunal to be satisfied that granting an extension was reasonable and appropriate. The Tribunal also considered that applications for waiver of debt on grounds of special circumstances occurring after a previous review decision might be more appropriately directed to the Secretary under section 129 of the *Social Security (Administration) Act 1999*.

In reaching its decision, the Tribunal applied the principles outlined in *Hunter Valley Developments Pty Ltd v Cohen*, which consider factors such as the length of delay, the explanation for the delay, whether the applicant has rested on their rights, prejudice to the respondent, the merits of the application, and alternative remedies. The Tribunal found that Ms Foster's application for an extension of time was not made out. Consequently, the Tribunal refused the extension of time.