Harm v Secretary, Department of Education

In Harm v Secretary, Department of Education, the applicant sought an extension of time to appeal a decision of a Member of the Personal Injury Commission. The applicant had previously been granted an extension of time to lodge a Notice of Appeal, but this was subsequently dismissed by a Registrar of the Commission. The applicant's appeal against this dismissal was heard in the Supreme Court of New South Wales. The court had to determine whether the applicant's application for an extension of time to appeal the Member's decision was made within a reasonable time, as required by section 352(4)(b) of the Workplace Injury Management and Workers Compensation Act 1998 and rule 133A of the Personal Injury Commission Rules 2021.

The court considered whether the applicant's application for an extension of time was made within a reasonable time. It noted that the application for an extension of time was made within the period prescribed by the Rules, but the applicant had not provided any explanation for the delay in making the application. The court held that the applicant's application was not made within a reasonable time as it did not provide any explanation for the delay. The court also noted that the applicant had not demonstrated any exceptional circumstances that would justify the delay in making the application. The court found that the application for an extension of time was not made within a reasonable time and dismissed the appeal.

The court's decision in this case reinforces the importance of providing a reasonable explanation for any delay in making an application for an extension of time. The court held that the applicant's failure to provide any explanation for the delay in making the application was a significant factor in its decision. The court also noted that the applicant had not demonstrated any exceptional circumstances that would justify the delay in making the application. The court's decision in this case is consistent with the approach taken in Bryce v Department of Corrective Services [2009] NSWCA 188 and Gallo v Dawson [1990] HCA 30.