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

The Administrative Appeals Tribunal considered an application by Hanna for an extension of time to seek a review of a decision by the Secretary, Department of Social Services, concerning a disability support pension rent assistance debt. The applicant sought to challenge a debt of $12,673.98, which had been raised after a review of her rent assistance entitlement.

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 lodge her application for review, given that it was filed approximately five years and fifteen days out of time. In determining this, the Tribunal was required to consider factors including the length of the delay, whether the applicant had an acceptable explanation for the delay, her prospects of success on the merits of the original decision, any prejudice to the respondent if an extension were granted, and the availability of alternative avenues of relief.

The Tribunal refused the extension of time application, finding that there would be significant prejudice to the respondent if an extension were granted. The Tribunal noted that the purpose of timeframes for review is to provide finality to decision-making. In this instance, the original decision had been made over five years prior, and the Tribunal considered it understandable for the Agency to have accepted that the decision was finalised. Re-examining a matter of such age could present difficulties for the Agency in obtaining necessary evidence to defend the decision properly. Consequently, the Tribunal concluded that it was not reasonable in all the circumstances to grant the extension of time.