Inas Karem Holdings Pty Ltd and Secretary, Department of Health and Aged Care

Inas Karem Holdings Pty Ltd (the applicant) sought an extension of time to lodge an application with the Administrative Appeals Tribunal (AAT) following a decision by the Secretary, Department of Health and Aged Care (the respondent). The core of the dispute concerned whether the applicant's application was lodged within the statutory time limit, which hinged on when the respondent's decision was deemed to have been served. The matter was heard by SM A Poljak.

The primary legal issue before the Tribunal was to determine the date on which the respondent's decision was legally considered to have been given to the applicant, for the purpose of calculating the time limit for lodging an appeal. This involved interpreting the provisions relating to service of documents by post and the legal effect of deemed service, even in circumstances where the applicant claimed non-receipt of the physical document.

The Tribunal reasoned that the applicant's assertion of not physically receiving the decision was not sufficient to override the statutory presumption of service. Applying the principle established in *Fancourt v Mercantile Credits Ltd*, the Tribunal held that service by post is deemed effective at the time it would ordinarily be completed in the course of post, regardless of actual receipt. Consequently, the Tribunal found that the respondent's decision, dated 11 February 2022, was deemed to have been given to the applicant on 18 February 2022. This meant the applicant's subsequent application was lodged 12 days out of time.

Despite the application being out of time, the Tribunal granted an extension of time to 30 March 2022, pursuant to subsection 29(7) of the *Administrative Appeals Tribunal Act 1975* (Cth).