Hillman v Australian Postal Corporation

This matter concerned an application by Ms Hillman for an extension of time to lodge a request for reconsideration of a determination made by Australia Post. Ms Hillman sought to have the determination, dated 11 March 2016, reconsidered, but her request was lodged approximately 179 days after she received the decision, significantly exceeding the 30-day timeframe prescribed by subsection 62(3)(b) of the Act. Australia Post had refused her request for an extension of time, leading to Ms Hillman's application for review of that refusal. The Tribunal was therefore required to determine whether to grant Ms Hillman an extension of time to seek reconsideration of the original determination.

The Tribunal considered the principles governing the exercise of its discretion to allow further time for a request for reconsideration. It noted that while this discretion is unfettered, it is informed by the statutory time limit and the need for finality in proceedings. Key factors to be considered include the length of the delay, the reasons provided for the delay, and any prejudice to the respondent. Ms Hillman's explanation for the delay included her inability to recall the exact date of receipt of the determination, feelings of exhaustion from previous claims, and difficulties in obtaining legal advice. The Tribunal also noted that Ms Hillman had been provided with information regarding the time limits for reconsideration.

The Tribunal found that Ms Hillman had not provided an acceptable explanation for the significant delay in lodging her request for reconsideration. While acknowledging her stated exhaustion and difficulties in obtaining legal advice, it found these reasons insufficient to justify the 149-day delay beyond the statutory period. The Tribunal also referred to the principle of finality, emphasizing that respondents are entitled to assume that claims not pursued within the prescribed time limits are finalised. Given the lack of a compelling reason for the delay and the principle of finality, the Tribunal affirmed the decision of Australia Post to refuse the extension of time.