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

The Administrative Appeals Tribunal (AAT) considered an application for an extension of time to appeal a decision by the Secretary of the Department of Social Services. The applicant, Ms. Rundell, sought to extend the time within which to lodge her appeal against the Secretary's decision.

The primary legal issue before the Tribunal was whether to grant Ms. Rundell an extension of time to lodge her appeal. In determining this, the Tribunal was required to consider several factors, including the length of the delay, Ms. Rundell's awareness of her appeal rights, the explanation provided for the delay, any prejudice to the respondent or the public interest, and the merits of the substantive application.

The Tribunal refused the application for an extension of time. It found that the significant delay in lodging the appeal, coupled with a lack of a compelling explanation for that delay and no clear indication of the merits of the substantive application, weighed against granting the extension. The Tribunal also considered that there were no alternative avenues of relief that would be prejudiced by refusing the extension.