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

The applicant, Landberg, sought an extension of time to appeal a decision of the Secretary, Department of Social Services. The Administrative Appeals Tribunal (AAT) considered the application for an extension of time under section 29(7) of the *Administrative Appeals Tribunal Act 1975* (Cth).

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant an extension of time for the applicant to seek review of the Secretary's decision. This required the Tribunal to consider the principles governing extensions of time, including the length of the delay, the reasons for the delay, the merits of the substantive application, and any prejudice to the respondent.

The Tribunal applied the principles established in *Hunter Valley Developments Pty Ltd v Cohen* (1984) 3 FCR 344. It found that the applicant had failed to provide an acceptable explanation for the significant delay in lodging the application. Furthermore, the Tribunal noted that the respondent would suffer prejudice due to the delay and that the applicant's substantive application had limited prospects of success. These factors collectively weighed against granting the extension.

Consequently, the Tribunal was not satisfied that it was reasonable to extend the time for the applicant to make his application and therefore refused the application for an extension of time.