Hutchinson and Comcare (Compensation)

This matter concerned an application by Ms Hutchinson to the Administrative Appeals Tribunal (AAT) for review of a Comcare decision dated 12 June 2018. This decision had refused Ms Hutchinson's request for reconsideration of an earlier Comcare determination dated 9 February 2016, which had disallowed her claim for agoraphobia and binge eating. Ms Hutchinson's request for reconsideration had been made on 6 June 2018, significantly outside the 30-day time limit prescribed by section 62(3) of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act).

The AAT was required to determine whether the reviewable decision of 12 June 2018, which refused an extension of time for Comcare to reconsider its 9 February 2016 determination, was correct. This involved considering whether an extension of time should be granted to allow for reconsideration of the original determination. In assessing this, the Tribunal was guided by established legal principles, including the cause of and explanation for the delay, the applicant's conduct leading to the delay, the consequences of the delay to the compensating authority, and the merits of the substantive application.

The Tribunal found that Ms Hutchinson's request for reconsideration was approximately 818 days out of time, which it considered a very significant delay. While acknowledging that an acceptable explanation for delay is not a pre-condition for success, the Tribunal noted that such an explanation is a relevant matter for consideration. The Tribunal accepted the respondent's submissions regarding the explanation for the delay, the applicant's conduct, and her awareness of appeal rights, finding them consistent with the material before it. The Tribunal also considered the public interest in the timely finalisation of decisions and the efficient conduct of the merits review process.

Weighing all the relevant factors, the Tribunal concluded that it was not reasonable in all the circumstances to grant an extension of time. Consequently, the Tribunal refused Ms Hutchinson's application for an extension of time and affirmed the reviewable decision of 12 June 2018.