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

This matter concerned an application for an extension of time to seek review of a decision by the Secretary, Department of Social Services, not to pay a disability support pension while the applicant was outside of Australia. The applicant had previously lodged an application for review of this decision, which was dismissed under section 42A of the *Administrative Appeals Tribunal Act 1975* (Cth) after the applicant withdrew their initial application. The current application for review was lodged outside the prescribed time limit.

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 lodge their application for review. This required the Tribunal to consider the effect of the previous dismissal under section 42A and whether a fresh application could be entertained, particularly when lodged out of time. The Tribunal also had to determine if the explanation for the delay was reasonable and if the delay itself was insignificant.

The Tribunal reasoned that a dismissal under section 42A, unlike a decision on the merits or a consent decision, does not necessarily exhaust the Tribunal's powers in relation to the review of a decision. Drawing on previous decisions, the Tribunal held that where an application is dismissed on a technical ground, rather than on its merits, a second application can be entertained. The Tribunal emphasised that the purpose of the *Administrative Appeals Tribunal Act 1975* is to provide substantial review on the merits and to avoid undue technicalities. The Tribunal found the applicant's explanation for the delay reasonable and the delay insignificant.

The Tribunal granted the application for an extension of time.