Kilford and Department of Family and Community Services

[2001] AATA 696

DECISION AND REASONS FOR DECISION [2001] AATA 696

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No D2001/36

GENERAL ADMINISTRATIVE  DIVISION       )          
           Re      SHANE KILFORD
  Applicant
           And    SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES        
  Respondent

DECISION

Tribunal       Mr. D.W. Muller, Senior Member

Date17 July 2001  

PlaceBrisbane

............ (Signed)..................................
  D.W. MULLER
  SENIOR MEMBER

CATCHWORDS
 EXTENSION OF TIME – no chance of success on substantive issue

REQUEST FOR WRITTEN REASONS FOR DECISION

Mr. D.W. Muller, Senior Member             

1. This was an application for an extension of time within which to apply to the Administrative Appeals Tribunal (AAT) for review of a decision of the Social Security Appeals Tribunal (SSAT), dated 16 April 2001, which affirmed a decision to refuse an application for Disability Support Pension (DSP).

2. The AAT received the application for review on 21 June 2001.

3. The applicant received the SSAT decision on 18 April 2001.  He was notified that he had 28 days from that date within which to file an application for review at the AAT.

4. The applicant's main medical problem is that he is currently suffering from a psychiatric illness.  His reason for not making his application to the AAT within the time limit, relates to his psychiatric condition.

5. However, the SSAT found, and the fact of the matter is, that the applicant's psychiatric condition is still being assessed.  His condition has not yet been fully investigated, nor has it been fully treated and it has not been stabilised.  There is every reason to expect that, with appropriate treatment and medication, the applicant could lead a relatively normal life.

6. Under the circumstances, the application could not succeed at the AAT and there was no point in exercising the discretion to grant an extension of time.

1. The applicant was advised to make a new application for DSP to Centrelink if his treating psychiatrist should eventually establish that his condition is not curable and is sufficiently disabling to satisfy the criteria for DSP set out in the Social Security Act 1991.

   I certify that the 7 preceding paragraphs are a true copy of the reasons for the decision herein of Mr. D.W. Muller, Senior Member

   Signed:         .....................................................................................
              B. Hitchcock,           Secretary

   Date/s of Hearing  17 July 2001
   Date of Decision  17 July 2001
   Request for written reasons     2 August 2001
   Applicant  Mr. Kilford, himself
   Respondent  Ms. J. Dwyer, Departmental Advocate