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

This matter concerned an application by Ms Ishack for an extension of time to seek review of a decision by the Secretary of the Department of Social Services. The decision under review related to Ms Ishack's initial application for Disability Support Pension (DSP). The application for an extension of time was heard by SM Toohey.

The primary legal issue before the Court was whether to grant Ms Ishack an extension of time to lodge her application for review. This required the Court to consider the factors relevant to such an application, including the acceptability of any explanation for the delay and the merits of the substantive application for review.

SM Toohey reasoned that an extension of time would be futile because Ms Ishack's substantive application for review had no prospect of success. The Court noted that the unsuccessful outcome of Ms Ishack's first DSP application did not preclude her from making a fresh application once her medical conditions were fully treated and stabilised. However, in the absence of a successful substantive application, the application for an extension of time to review the prior decision was refused.