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

This matter concerned an application by Mr Puls for an extension of time to lodge a substantive application for review of a decision by the Administrative Appeals Tribunal (AAT). The AAT had affirmed the original reconsideration decision to reject Mr Puls’ claim for a Disability Support Pension (DSP). The Secretary of the Department of Social Services opposed the application for an extension of time.

The primary legal issue before the Tribunal was whether to grant Mr Puls an extension of time to lodge his substantive application for review. This required the Tribunal to consider the prospects of success of the substantive application and whether granting an extension would be a waste of time for the parties and the Tribunal.

The Tribunal reasoned that Mr Puls had little or no real prospect of succeeding in his substantive application concerning his previous DSP claim. Consequently, extending the time for lodgement would likely be a waste of time for all involved. The Tribunal therefore refused Mr Puls’ request for an extension of time. The Tribunal also advised Mr Puls of his right to make a further claim for DSP once his conditions were fully treated and stabilised, and he met other eligibility criteria. Mr Puls was also encouraged to consider the Secretary’s submissions regarding his continuing inability to work requirements.