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

This matter concerned an application for an extension of time to lodge an application for review before the Administrative Appeals Tribunal. The applicant sought to extend the time to appeal a decision by the Secretary, Department of Social Services, concerning care arrangements for a child. The respondent opposed the application, arguing that granting an extension would cause prejudice.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant the applicant an extension of time, pursuant to section 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth). This required the Tribunal to consider principles established in cases such as *Hunter Valley Developments v Minister for Home Affairs and Environment* and *Comcare v Ahearn*, which address the factors relevant to granting such extensions, including the length of the delay, the reasons for the delay, and any prejudice to the parties.

The Tribunal considered the applicant's explanation for the delay, finding it lacked cogency. It noted that the applicant had not provided a reasonable excuse for the eight-day delay in lodging her application. Furthermore, the Tribunal found that the opposing party would suffer prejudice if an extension were granted, as he would need to take time off work and prepare for the proceedings. Applying the principles from *Hunter Valley Developments*, the Tribunal concluded that it was not satisfied that it was reasonable in all the circumstances to grant the extension.

Consequently, the Tribunal revoked its earlier direction granting an extension of time and instead determined that the application for an extension of time should not be granted.