Greenhow and Commonwealth Superannuation Corporation

This matter concerned an application by Mr Greenhow for an extension of time to seek a review of a decision made by the Defence Force Retirement & Death Benefits Scheme (DFRDB) on 11 March 1988. The application was heard by Brigadier A G Warner, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant Mr Greenhow an extension of time to lodge his application for review, pursuant to s 29(7) of the Administrative Appeals Tribunal Act 1975. In determining this, the Tribunal was guided by established principles, including consideration of the applicant's actions, any prejudice to the respondent, wider public prejudice, the merits of the substantial application, and fairness between the applicant and others in a like position.

The Tribunal considered the extensive delay since the DFRDB's reconsideration decision in 1988, noting that Mr Greenhow only formally sought review forms in January 2016, some 28 years later. While Mr Greenhow had been diagnosed with PTSD around 1998 and had made enquiries about his entitlements in 2002 and received advice regarding review rights on multiple occasions thereafter, the Tribunal found his explanation for the significant delay unsatisfactory. The Tribunal also considered the potential prejudice to the respondent and the inequitable treatment of other applicants if an extension were granted, alongside the prospects of success of the substantive application. Weighing these factors, the Tribunal concluded that it was not reasonable in all the circumstances to grant the extension.

Consequently, the Tribunal refused Mr Greenhow's application for an extension of time to lodge an application for review of the DFRDB's 11 March 1988 decision.