PKMW and Wilson Security Pty Ltd (Compensation)

This matter concerned an application by PKMW (the Applicant) for an extension of time to seek a review of a decision made by Wilson Security Pty Ltd (the Respondent). The Respondent had affirmed a decision that it was not liable to pay compensation under sections 14, 16, and 19 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The application for an extension of time was filed over two years after the reviewable decision was made. The decision was heard by Deputy President Boyle of the Administrative Appeals Tribunal.

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 her application for review, given the significant delay. This required the Tribunal to consider various factors, including the length of the delay, the reasons provided for the delay, the apparent strength of the Applicant's substantive claim, and any prejudice to the Respondent.

The Tribunal acknowledged that the delay of over two years was significant and weighed against granting an extension. However, it placed considerable importance on the merit of the Applicant's claim. The Applicant's legal representatives provided affidavits explaining that they were only retained shortly before filing the application and that the Applicant suffered from significant memory impairment and a decline in her mental health since her work injury, which affected her ability to recall events and instruct previous legal representatives. The Tribunal considered that, despite the delay and potential prejudice to the Respondent, it would not be reasonable to deny the Applicant the opportunity to have her claim heard.

Consequently, the Tribunal exercised its discretion under section 29(7) of the *Administrative Appeals Tribunal Act 1975* (Cth) and extended the time for the Applicant to make an application for review of the Respondent's decision to 9 October 2020.