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

The Administrative Appeals Tribunal (AAT) refused the applicant's request for an extension of time to lodge an application for review of a decision made by the Social Security Appeals Tribunal (SSAT) on 24 January 2013. The applicant lodged her application for review and the extension of time request on 16 March 2020, approximately seven years after the SSAT decision.

The primary legal issue before the AAT was whether it was reasonable in all the circumstances to grant an extension of time under section 29(7) of the *Administrative Appeals Act 1975* (Cth). This required the Tribunal to consider factors such as the length of the delay and the applicant's explanation for that delay, as well as her awareness of her appeal rights.

In its reasoning, the Tribunal applied the principles established in *Hunter Valley Developments Pty Ltd & Ors v The Hon. Barry Cohen, Minister for Home Affairs and Environment* (1984) 3 FCR 344. The Tribunal found the delay of approximately seven years to be substantial. While the applicant's explanation for the delay was vague, referring to the review being "raised from 2013" and referencing legislation used by her local council, the Tribunal was unable to obtain a clearer explanation due to the applicant's conduct during an interlocutory hearing. The applicant terminated the call after approximately 20 minutes of speaking without allowing the Tribunal to ask questions or discuss the substantive matter.

Consequently, the Tribunal refused the application for an extension of time, finding that it was not reasonable in all the circumstances to grant the extension.