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 an appeal against a decision concerning her social security entitlements.

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 weigh several factors, including the applicant's stated reasons for the delay, the length of the delay, her awareness of her appeal rights, 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 while Ms. Rundell's poor health was a factor, it did not sufficiently explain the significant delay in lodging the appeal. The Tribunal also considered that Ms. Rundell had been aware of her appeal rights for a considerable period and that there was no compelling reason to grant an extension. The Tribunal noted that the merits of the substantive application were not a decisive factor when the explanation for the delay was inadequate.