Hyde and Secretary, Department of Social Services (Social services second review)

The applicant, Hyde, sought an extension of time to lodge an application for review of a decision by the Secretary, Department of Social Services. The application for review was filed approximately five and a half years after the original decision. The matter came before T. Tavoularis SM of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether to exercise its discretion under section 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth) to grant an extension of time for the applicant to lodge her application for review. This required the Tribunal to consider the adequacy of the reasons for the delay, the applicant's prospects of success, and the prejudice to the respondent.

In refusing the extension of time, the Tribunal applied the principles articulated by McHugh J in *Brisbane South Regional Health Authority v Taylor*, which highlight the importance of finality in legal claims, the interest of institutions in knowing their liabilities are settled, and the public interest in the prompt resolution of disputes. The Tribunal found that the applicant was aware of her appeal rights, had not provided an adequate reason for the substantial delay, and had poor prospects of success. Furthermore, the Tribunal noted that alternative relief was available to the applicant and that granting an extension would cause significant prejudice to the respondent. Consequently, the Tribunal concluded that the justice of the case did not warrant the exercise of its discretion.