Re Cuthbertson;

In *Re Cuthbertson*, the applicant sought an extension of time to apply for a review of a decision made by the acting Australian Information Commissioner. The applicant had mistakenly closed the relevant file after the Commissioner's decision, leading to the application for review not being lodged within the prescribed time period. The respondent had requested documents from the applicant approximately five months after the Commissioner's decision.

The Tribunal was required to determine whether to grant an extension of time for the applicant to seek review of the Australian Information Commissioner's decision. The central legal issue was whether the principles governing an application for an extension of time by an agency party differed from those applicable to a non-agency party, and if so, how those principles applied to the facts of this case.

Deputy President S A Forgie held that the principles relevant to an application for an extension of time are no different for an agency party compared to a non-agency party. Despite a substantial delay in seeking to review the decision, the Tribunal found no evidence of intentional delay on the part of the applicant. Furthermore, the Tribunal was satisfied that no prejudice would be suffered by the respondent if an extension of time were granted. Crucially, the review raised significant issues of public interest, which weighed in favour of granting the extension.

The Tribunal decided to extend the time within which the applicant may apply to the Tribunal for review of the Australian Information Commissioner’s decision dated 18 March 2016 to 14 September 2016.