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

This matter concerned an application by the Applicant, Ms Kuklis, to the Administrative Appeals Tribunal (AAT) for an extension of time to seek a review of a decision made by the AAT. The underlying dispute related to the cancellation of Ms Kuklis's age pension and the subsequent creation of a recoverable debt, stemming from her failure to disclose an interest in five properties when initially claiming the pension. The AAT had previously affirmed the decision to cancel the pension and raise the debt.

The primary legal issue before the Tribunal was whether it was reasonable, in all the circumstances, to grant Ms Kuklis an extension of time to lodge her application for review, pursuant to section 29(7) of the *Administrative Appeals Tribunal Act 1975*. This required the Tribunal to consider factors such as the length of the delay, the reasons provided for the delay, and any prejudice to the Respondent.

The Tribunal considered the significant delay between the AAT's decision on 7 October 2021 and the Applicant's request for an extension of time on 24 May 2022. While acknowledging the death of the Applicant's partner in December 2021 as a contributing factor to the delay, the Tribunal found that the explanation provided was not sufficiently compelling to justify the extensive period of inaction. The Tribunal also noted that other avenues for relief from the Agency might still be available to the Applicant.

Ultimately, the Tribunal refused the application for an extension of time. The decision noted that while refusing the extension would deny the Applicant immediate relief in this specific matter, it did not preclude her from seeking future relief from the Agency if her circumstances warranted it.