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

The applicant, Potterton, sought an extension of time to appeal a decision by the Secretary of the Department of Social Services concerning a disability support pension. The matter was heard by A Poljak SM.

The primary legal issue before the SM was whether to exercise discretion to grant an extension of time for the applicant to lodge their application for review, given the significant delay and the merits of the substantive matter.

The SM considered the principles applicable to extension of time applications, including the explanation for the delay and the prospects of success in the substantive proceedings. The SM found that the applicant's prospects of success were "very low" and that the excuse for the delay was not adequate. Consequently, the SM concluded that it was not appropriate to exercise the discretion to extend time. The application for an extension of time was refused.