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

This matter concerned an application by Mr Lee for an extension of time to appeal a decision of the Social Security Appeals Tribunal. The Secretary of the Department of Social Services opposed the application. The decision was made by Dr L Bygrave, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant Mr Lee an extension of time to lodge his appeal. This required the Tribunal to consider the principles established in *Hunter Valley Developments Pty Ltd v Cohen*, which involve assessing the reasonableness of the delay, the merits of the substantive application, and any prejudice to the respondent.

Dr Bygrave reasoned that an impairment rating can only be assigned to a medical condition that is permanent, meaning it is fully diagnosed, fully treated, fully stabilised, and likely to persist for more than two years, as defined by subsection 6(4). The Tribunal considered Mr Lee's various medical conditions, including depression, visual impairment, hypertension, cerebral vascular disease, hearing loss, and neck pain. It was found that most of these conditions were not fully treated and stabilised, with medical reports recommending further treatment. Crucially, no medical evidence was provided to support the merits of Mr Lee's substantive application for the purposes of the extension of time request.

Consequently, Dr Bygrave was not satisfied that it was reasonable in the circumstances to grant the extension of time. The application for an extension of time was refused.