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

This matter concerned an appeal by the Applicant, Ms Kadadi, against a decision of the Secretary, Department of Social Services. The dispute centred on debts to the Commonwealth arising from alleged overpayments of Family Tax Benefits. The Administrative Appeals Tribunal (AAT1) had previously determined that a portion of the debt for the 2015/2016 financial year should be waived due to the Respondent's administrative error, but that debts for the 2016/2017 and 2017/2018 financial years should be written off. The Applicant sought to appeal this decision.

The primary legal issue before the Tribunal was whether to grant the Applicant an extension of time to lodge her application for review. The Applicant lodged her appeal significantly outside the prescribed time limit, with the delay being attributed to a series of events including the death of her husband and her subsequent involvement in the "Robodebt" class action. The Respondent objected to the granting of an extension of time, raising issues of prejudice and the Applicant's prospects of success.

The Tribunal considered the substantial delay in the Applicant lodging her appeal, noting that the appeal was filed approximately 18 months after the AAT1 decision and cover letter. However, the Tribunal also took into account the circumstances surrounding the delay, including the Applicant's bereavement and her understanding that the Robodebt class action might encompass her situation. The Tribunal referred to previous decisions where extensions of time were granted even with significant delays, particularly when the issues to be considered were of importance. The Tribunal found that the Applicant's understanding that the Robodebt proceedings might resolve her matter, coupled with the fact that the class action did not cover matters previously decided by the AAT1, provided a sufficient explanation for the delay. The Tribunal concluded that the Applicant had demonstrated sufficient prospects of success to warrant the granting of an extension of time.