Muirden and Australian National University (Compensation)

This matter concerned an application by Mrs Muirden for an extension of time to request reconsideration of a 2013 determination made by the Australian National University (ANU) concerning her late husband's workers' compensation claim. The primary issue before the Administrative Appeals Tribunal was whether to grant this extension, which was intrinsically linked to the Tribunal's jurisdiction to consider a new claim made by Mrs Muirden in 2018.

The legal issues before the Tribunal were whether it had jurisdiction to consider Mrs Muirden's 2018 claim and, if not, whether to grant an extension of time under section 62 of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act) for her to request reconsideration of the original 2013 determination. The Tribunal was required to determine if ANU's refusal of an extension of time constituted a reviewable decision and whether the circumstances warranted granting such an extension despite the significant delay.

The Tribunal noted that ANU had treated Mrs Muirden's 2018 application as a request for an extension of time to seek reconsideration of the 2013 determination and had refused it. The Tribunal's jurisdiction was engaged by Mrs Muirden's subsequent application for review of ANU's refusal. In considering the extension of time, the Tribunal was guided by section 72 of the SRC Act, which mandates that Comcare be guided by equity, good conscience, and the substantial merits of the case, without regard to technicalities. Mrs Muirden contended that the delay was attributable to factors including alleged advice from ANU regarding time limits, the trauma of her husband's death, her responsibilities as a single mother, difficulties securing legal representation, and delays in obtaining necessary medical evidence.