SPWX v Secretary, Department of Social Services

This matter concerned an application by SPWX for an extension of time to apply for review of a decision made by the Social Security Appeals Tribunal (SSAT). The dispute centred on SPWX's status as a member of a couple for the purposes of social security payments, with allegations of family violence and significant delay in seeking review being key factors. The Administrative Appeals Tribunal (AAT) was required to determine whether it was reasonable in all the circumstances to grant the extension of time.

The legal issues before the AAT included whether SPWX had provided a reasonable explanation for the substantial delay in lodging her application for review, the extent of prejudice to the respondent arising from this delay, and the merits of SPWX's underlying case, particularly concerning allegations of family violence and its impact on her status as a member of a couple. The AAT also considered the relevance of SPWX's ongoing engagement with Centrelink regarding her debt and her assertion that she was not properly informed of her appeal rights.

The AAT applied the reasonableness test under section 29(7) of the AAT Act, acknowledging that while the delay was significant and SPWX's explanation was not entirely satisfactory, the merits of her case warranted further consideration. The Tribunal noted that family violence is a relevant consideration in determining separation under one roof and in exercising discretion under section 24 of the Social Security Act 1991, and that these aspects appeared not to have received full consideration in the SSAT decision. Despite the potential for prejudice due to the passage of time and the complexity of the matters, the AAT found that the existence of an arguable case, particularly in relation to family violence, was sufficiently important to justify granting the extension.

The AAT ordered that the time for SPWX to make an application for review of the Secretary's decisions be extended to 26 February 2020.