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

This matter concerned an application by Kim Quagliato for an extension of time to seek a second review by the Administrative Appeals Tribunal (AAT) of a first review decision made on 16 October 2019. The AAT first review decision affirmed a determination that Ms Quagliato had been overpaid $16,985.79 in carer payments between 12 January 2017 and 9 November 2018 due to her employment earnings not being taken into account. The Secretary, Department of Social Services, did not oppose the extension of time sought.

The primary legal issue before the Member of the AAT was whether to grant an extension of time for Ms Quagliato to lodge her application for a second review, pursuant to section 29(7) of the Administrative Appeals Tribunal Act 1975. This required consideration of the relevant factors and circumstances surrounding the significant delay between the AAT first review decision and the application for a second review, and whether it was reasonable to grant such an extension.

The Member considered the prescribed period for lodging an application for review, which is 28 days after the decision is given to the applicant. Ms Quagliato applied for a second review on 22 November 2022, over two years after the AAT first review decision was issued on 16 October 2019. While the Secretary did not oppose the extension, the Member was not satisfied that granting the extension was reasonable or that no injustice would result from refusing it, noting that other remedies had not yet been exhausted.

Consequently, the application for an extension of time was refused.