Lumona and Secretary, Department of Social Services

This matter concerned an application by Mrs Lumona for an extension of time to seek review of a decision made by the Social Security Appeals Tribunal (SSAT). Mrs Lumona had been receiving a parenting payment (partnered), which was cancelled by Centrelink from 19 August 2014, and later varied by an authorised review officer to take effect from 20 January 2014. This cancellation was based on Mrs Lumona's income from a family day care business exceeding the allowable limit. The SSAT affirmed the cancellation decision, and Mrs Lumona subsequently applied to the Administrative Appeals Tribunal (AAT) for a review of the SSAT's decision, seeking an extension of time to do so.

The primary legal issue before the AAT was whether it was reasonable in all the circumstances to grant Mrs Lumona an extension of time to lodge her application for review, pursuant to section 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth). This required the Tribunal to consider various factors, including the explanation for the delay, whether the applicant had rested on their rights, potential prejudice to the respondent, the merits of the substantive application, and considerations of fairness. The Tribunal was guided by principles established in cases such as *Hunter Valley Developments Pty Ltd v Cohen* and *Gabor v Secretary, Department of Education, Employment and Workplace Relations*, which emphasised that legislative time limits are not to be ignored and that an applicant must provide an acceptable explanation for any delay.

The Tribunal noted that the delay in lodging the application was approximately 10 months. While acknowledging Mrs Lumona's limited English comprehension and the assistance of an interpreter, the Tribunal found that no substantial explanation for the delay had been provided. It was concluded that Mrs Lumona and her partner had not placed sufficient importance on the time limits, despite being aware of them and receiving notification of the appeal period. The Tribunal also considered that Mrs Lumona was unlikely to succeed in the substantive application.

Consequently, the Tribunal refused Mrs Lumona's application for an extension of time to seek review of the SSAT decision dated 7 April 2015.