Jakovceski and Comcare (Compensation)

This matter concerned an application by Mr Jakovceski for an extension of time to lodge an appeal against a decision by Comcare. The dispute centred on Mr Jakovceski's claim for compensation for a lumbar disc condition, which Comcare had determined he had no present entitlement to. The application was heard by Deputy Gary Humphries Ao P of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether to grant Mr Jakovceski an extension of time to commence proceedings, given the significant delay in lodging the appeal. This required the Tribunal to consider whether there was an acceptable explanation for the delay and whether granting an extension would be fair and equitable in the circumstances, taking into account the merits of the substantial application and the potential for duplication with another claim already before the Tribunal. The Tribunal also considered whether the application constituted an abuse of process.

The Tribunal applied the presumptive rule that proceedings commenced outside the 60-day period will not ordinarily be entertained, as articulated by McHugh J in *Brisbane South Regional Health Authority*. This rule requires an applicant seeking an extension of time to demonstrate that their case is a justifiable exception to the principle that the welfare of the State is best served by limitation periods. The Tribunal found that Mr Jakovceski had not positively demonstrated that justice required granting him further time, noting that the opportunity to contest Comcare's decision had passed and that the application lacked sufficient grounds to support an extension after such a considerable delay.

Accordingly, the Tribunal refused Mr Jakovceski's application for an extension of time pursuant to section 29(7) of the *Administrative Appeals Tribunal Act 1975* (Cth).