Laughlin and Secretary, Attorney-General's Department

This matter concerned an appeal lodged out of time by the Applicant against a decision by the Secretary, Attorney-General's Department, to refuse assistance under the Fair Entitlements Guarantee (FEG) scheme. The Applicant sought an extension of time to lodge his appeal under section 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth).

The primary legal issues before the Tribunal were whether the Applicant had provided an acceptable explanation for the delay in lodging his appeal and whether it would be fair and equitable in the circumstances to grant an extension of time. The Respondent argued that the substantive application for review had no reasonable prospect of success and that no acceptable explanation for the delay had been advanced.

The Tribunal considered the established principles for granting an extension of time, noting that while an applicant does not bear an onus of proof, the Tribunal must be positively satisfied that it is proper to grant the extension. Key considerations included the adequacy of the explanation for the delay, any prejudice to the respondent, and the merits of the substantive application. In this case, the Applicant's eligibility for FEG assistance was contingent on lodging an effective claim within 12 months of an insolvency event or termination of employment. The Applicant's former employer was placed into liquidation, and his employment ended on 18 May 2016, meaning a valid application should have been lodged by 18 May 2017.

Ultimately, the Tribunal was not satisfied that it would be reasonable in all the circumstances to extend the time for the Applicant to lodge his application. Accordingly, the application for an extension of time under section 29(7) of the AAT Act was refused.