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

This matter concerned an application by the Applicant for an extension of time to lodge an application for review of a decision made by AAT1 on 21 November 2017. The Respondent was the Secretary, Department of Social Services. The application was heard by the Tribunal on 1 May 2018.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant the Applicant an extension of time to lodge an application for review, pursuant to subsection 29(7) of the *Administrative Appeals Tribunal Act 1975* (Cth). This required the Tribunal to exercise its discretion, considering factors such as the length of the delay, the explanation for the delay, the Applicant's awareness of appeal rights, any prejudice to the Respondent or the public, and the merits of the substantive application.

The Tribunal considered the relevant legislation and case law, including *Hunter Valley Developments Pty Ltd v Cohen* and *Brown v Federal Commissioner of Taxation*, which establish that the prescribed period for lodging an application is the prima facie rule and extensions are granted only if proper. The Tribunal noted that the Applicant's application was lodged 57 days out of time, which constituted a substantial delay. The Respondent contended that this delay, coupled with the Applicant's lack of proactivity and potentially poor prospects of success, weighed against granting an extension. The Tribunal also considered the public interest in the efficient conduct of merits review processes.

On balance, the Tribunal found that it would not be reasonable to extend the time for the Applicant to make an application for review. Accordingly, the Tribunal refused the Applicant's application for an extension of time.