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

This matter concerned an application by Ms Pittard for an extension of time to lodge an application for review of a decision made by the Secretary, Department of Social Services. The application for review was lodged more than six years after the reviewable decision was made. The Tribunal was required to determine whether it was reasonable in all the circumstances to grant this extension of time.

The central legal issue was whether the applicant had provided a sufficient explanation for the significant delay in lodging her application for review, and whether the merits of her substantive application warranted an extension. The Tribunal considered the length of the delay, the applicant's explanation, the potential prejudice to the public interest, and the prospects of success in the substantive application.

The Tribunal found the delay of over six years to be very significant and considered the applicant's explanation for this delay to be unacceptable, concluding that she had "rested on her rights" during this period. Furthermore, the Tribunal formed an impression that Ms Pittard's prospects of success in the substantive application were poor. The Tribunal also considered that granting an extension would cause prejudice to the general public through disruption to established practices and that it would not be a beneficial use of the time and resources of the parties and the Tribunal. Accordingly, the Tribunal was not satisfied that it was reasonable in all the circumstances to grant an extension of time.

The Tribunal refused Ms Pittard's application for an extension of time to lodge her application for review, meaning she was not permitted to proceed with her substantive review.