John and Secretary, Department of Social Services

This matter concerned an application by Mr John for an extension of time to lodge an application for review of a decision by the Secretary, Department of Social Services, concerning his claim for Disability Support Pension (DSP). The application for extension of time was heard on the papers by A Poljak SM. Mr John had lodged a DSP claim on 21 January 2016, which was the subject of the current application for review. He had also lodged earlier DSP claims on 17 January 2014 and 18 June 2015, the latter of which remained undetermined.

The primary legal issue before the court was whether it was reasonable in all the circumstances to grant an extension of time for Mr John to lodge his application for review, pursuant to section 29(7) of the Administrative Appeals Tribunal Act. In determining this, the court was required to consider established principles, including the prima facie rule against entertaining proceedings commenced outside the prescribed period, the need for an acceptable explanation for delay, any prejudice to the respondent, and crucially, the merits of the substantive application.

The court found that it only had jurisdiction to review the decision relating to the DSP claim lodged on 21 January 2016, and not the earlier claim from 17 January 2014. As the applicant sought payment from the date of his first claim, and the court lacked jurisdiction to review that earlier decision, it concluded that Mr John had no prospects of success in the substantive matter for the relief he sought. Given this finding regarding the merits, the court determined it was not necessary to consider other factors in the extension of time application.

Consequently, the court was not satisfied that it was reasonable in all the circumstances to grant the extension of time. The application for an extension of time was therefore refused.