Joyful Kids Pty Ltd and Secretary, Department of Education

This matter concerned an application by Joyful Kids Pty Ltd for an extension of time to lodge a substantive application for review of a decision made by the Secretary, Department of Education. The original decision, affirmed on internal review, was that Joyful Kids did not meet the requirements to be approved as a provider under the *A New Tax System (Family Assistance) (Administration) Act 1999* (Cth), specifically concerning the "fit and proper person" test and the adequacy of governance arrangements. Joyful Kids sought to challenge this decision before the Administrative Appeals Tribunal (AAT).

The central legal issue before the Tribunal was whether it should exercise its discretion under s 29(7) of the *Administrative Appeals Tribunal Act 1975* (Cth) to grant an extension of time for Joyful Kids to lodge its substantive application for review. The application for review was lodged 38 days after the expiry of the usual 28-day time limit. The Respondent opposed the extension, arguing the delay was not adequately explained and that a delay occasioned by a legal representative was not a sufficient reason.

The Tribunal considered several factors in determining whether to grant the extension, including the length of the delay, the explanation provided, potential prejudice to the Respondent, and the public interest. The Tribunal found the 38-day delay to be significant but not lengthy, and therefore a neutral factor. The explanation for the delay involved difficulties in obtaining timely advice from the applicant's initial legal representative, necessitating the engagement of a second lawyer. While acknowledging that delays caused by legal representatives can be problematic, the Tribunal was satisfied that, in all the circumstances, it was reasonable to extend the time for lodgement.

The Tribunal granted the extension of time application.