Hutchinson and Comcare

The Administrative Appeals Tribunal (AAT) considered an application by Ms Hutchinson for an extension of time to lodge an application for review of a Comcare decision dated 17 September 2013. Comcare, the respondent, opposed the application. The matter came before Brigadier AG Warner, Member, for determination.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant Ms Hutchinson an extension of time to lodge her application for review, given the significant delay. This required the Tribunal to consider the principles established in cases such as *Hunter Valley Developments Pty Ltd v Cohen* and *Comcare v A’Hearn*, which guide the exercise of discretion in such matters. These principles include assessing the applicant's actions, any prejudice to the respondent, wider public prejudice, the merits of the substantive application, and fairness to other persons in a like position. A key consideration was whether the applicant had provided a satisfactory explanation for the delay.

The Tribunal noted that the application for review was lodged over two years and five months after the prescribed time limit. Ms Hutchinson had not contested Comcare's submission that she had taken no action to indicate dissatisfaction with the decision between a Federal Court hearing and the lodgement of the current application, a period of approximately 17 months. While an acceptable explanation for delay is not a prerequisite for granting an extension, the Tribunal found that Ms Hutchinson's explanation was not satisfactory and that she had not demonstrated that it was reasonable in all the circumstances to grant the extension. The Tribunal also considered the merits of the substantive application, which were not detailed in the provided text, but concluded that this factor, along with others, did not support granting the extension.

Consequently, the Tribunal refused Ms Hutchinson's application for an extension of time to lodge her application for review of the Comcare decision.