Karam and Comcare (Compensation)

This matter concerned an application by an employee (the Applicant) for an extension of time to seek a review of a decision made by Comcare (the Respondent). The Applicant had lodged a claim for workers' compensation for an adjustment disorder with depressed mood and anxiety, allegedly arising from workplace harassment. Comcare had rejected the claim, finding that the Applicant's employment did not significantly contribute to his condition, or alternatively, that any contribution was excluded by section 5A(2) of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) as it resulted from reasonable administrative action taken in a reasonable manner. The Administrative Appeals Tribunal (AAT) was required to determine whether to grant an extension of time for the Applicant to lodge his application for review.

The central legal issue before the AAT was whether it was reasonable in all the circumstances to grant the Applicant an extension of time to lodge his application for review, despite the expiry of the prescribed 60-day period. In considering this, the AAT had to weigh various factors, including the merits of the substantial application, any prejudice to the respondent and the public interest, and whether the Applicant had unduly "rested on his rights." The AAT acknowledged that an extension of time could be granted even without a fully satisfactory explanation for the delay.

The Senior Member of the AAT, Emeritus Professor P A Fairall, applied the established legal principles governing extensions of time. While acknowledging that a satisfactory explanation for the delay was not always a prerequisite for granting an extension, the Senior Member was ultimately not persuaded that granting the extension would be reasonable in the circumstances of this particular case. The decision does not elaborate on the specific reasons for this lack of persuasion beyond stating that the overall assessment led to this conclusion.

Consequently, the Applicant's application for an extension of time within which to make an application for review under section 29(7) of the *Administrative Appeals Tribunal Act 1975* (Cth) was refused.