Hodges and Comcare (Compensation)

The Administrative Appeals Tribunal (AAT) considered an application by Ms Hodges for an extension of time to make an application to review a decision. The core of the dispute concerned whether the applicant had provided sufficient grounds to justify the significant delay in seeking this review.

The Tribunal was required to determine whether it was reasonable in all the circumstances to grant the extension of time sought by Ms Hodges. This involved assessing factors such as the length of the delay, whether the applicant had legal representation during the period of delay, the potential prejudice to the respondent (Comcare), and the public interest. The Tribunal also considered whether the applicant had effectively "rested on her rights" by not pursuing the review earlier, and the merits of the substantive application for review itself.

In reaching its decision, the Tribunal applied the principles governing extensions of time under section 29(7) of the *Administrative Appeals Tribunal Act 1975* (Cth). The Tribunal found that the applicant had not demonstrated that it was reasonable to grant the extension of time, taking into account the substantial delay, the applicant's legal representation, and the potential prejudice to Comcare and the public interest. The merits of the substantive application were also a relevant consideration, but the primary focus was on the reasonableness of the delay.

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