Mecca 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, regarding a disability support pension. The applicant, Ms Mecca, sought to extend the time for lodging her application for review, which had been dismissed by consent in December 2017. The Administrative Appeals Tribunal (AAT) considered the application for an extension of time.

The Tribunal was required to determine whether it was reasonable in all the circumstances to grant an extension of time for Ms Mecca to seek review of the decision. In doing so, the Tribunal considered three key factors: the explanation provided for the delay in lodging the application, any prejudice to the respondent (the Secretary), and whether the applicant had an arguable case.

The Tribunal accepted that Ms Mecca's mental health condition, which was a basis for her original application, contributed to her stress and the delay in lodging her application for review following the consent dismissal. While the Secretary argued for finality in proceedings and potential prejudice to other applicants, the Tribunal found that the effective delay was only approximately two months, as Ms Mecca had initially lodged her application within the statutory timeframe. Furthermore, the Tribunal considered Ms Mecca's case to be arguable, noting the apparent improbability of her disability support pension eligibility fluctuating significantly between assessment periods without a corresponding change in her underlying conditions. On balance, the Tribunal was satisfied that it was reasonable to grant the extension of time.

The Tribunal ordered that time be extended for Ms Mecca to make an application for review of the Respondent's decision to 5 February 2018, pursuant to section 29(7) of the Administrative Appeals Tribunal Act 1975.