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

The Administrative Appeals Tribunal considered an application by Ms. Langeroudi for an extension of time to lodge an application for a second review of a decision concerning her disability support pension. The original decision was made on 12 September 2022, and the applicant's representative received it on 16 September 2022. This meant the deadline for lodging an appeal was 14 October 2022, but the application for review was not filed until 8 November 2022, approximately 25 days out of time.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant an extension of time for the lodgement of the application for review. Section 29(7) of the Administrative Appeals Tribunal Act 1978 (Cth) permits the Tribunal to extend time if satisfied it is reasonable to do so. The Tribunal was required to consider several factors, including the length of the delay, the explanation for that delay, the prospects of success of the substantive application, and the availability of alternative avenues for relief.

The Tribunal reasoned that an extension of time is generally warranted only if a refusal would result in injustice to the applicant. While the delay was 25 days, the applicant's explanation was that she needed to gather required documents. She provided two new medical reports, both dated before the appeal period expired. However, no further explanation was offered for the delay, beyond a statement that she did not understand what was required. The Tribunal noted that an acceptable explanation for delay is generally required. Regarding prospects of success, the Tribunal stated it was not necessary to conduct a full review of the merits, but strong prospects would weigh in favour of granting an extension.

The Tribunal refused the application for an extension of time.