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

This matter concerned an application by Ms Saleeba for an extension of time to lodge an application for review of a decision made by the Administrative Appeals Tribunal (AAT) which upheld a decision of the Department of Social Services to deny her Disability Support Pension. The application for review was lodged approximately four weeks and two days after the prescribed time limit. The Tribunal was required to determine whether it was reasonable in all the circumstances to grant this extension of time.

The legal issue before the Tribunal was the exercise of its broad discretionary power under section 29(7) of the *Administrative Appeals Tribunal Act 1975* (Cth) to extend the time for lodging an application for review. This power is contingent on the Tribunal being satisfied that it is "reasonable in all the circumstances" to do so. While an acceptable explanation for the delay is not a mandatory prerequisite for granting an extension, it is a relevant consideration, particularly where the delay is significant.

The Tribunal considered several factors in determining reasonableness, including the length of the delay, any explanation for the delay, Ms Saleeba's awareness of her appeal rights, potential prejudice to the respondent, and her prospects of success. The Department calculated that Ms Saleeba's application was lodged 35 days (5 weeks) outside the 28-day time limit. The Tribunal found that the delay was reasonably lengthy and, on balance, was not satisfied that it was reasonable in all the circumstances to grant the extension of time. Consequently, the Tribunal refused Ms Saleeba's application for an extension of time.