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

This matter concerned an application for an extension of time to appeal a decision of the Administrative Appeals Tribunal. The applicant, Ms Gillespie, sought to extend the time to appeal a decision regarding her eligibility for a Disability Support Pension (DSP) between December 2017 and April 2019. The respondent was the Secretary of the Department of Social Services. The decision was made by Senior Member Chris Puplick AM of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether there was an acceptable explanation for the applicant's 13-month delay in filing her application for an extension of time, whether the respondent would be prejudiced by granting the extension, and whether the substantive application had merits. The Tribunal was also required to consider whether it was reasonable in all the circumstances to grant the extension of time.

The Tribunal found that while the applicant provided a reasonable explanation for the delay, her substantive application for the DSP during the relevant qualification period lacked sufficient medical evidence to demonstrate her eligibility. Consequently, the Tribunal concluded that the application had little prospect of success. The Tribunal also noted that the applicant was currently receiving DSP and NDIS support, along with community and family assistance, indicating no matters touching upon the interests of justice that would necessitate further consideration of the historical claim.

Accordingly, the Tribunal refused the application for an extension of time.