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

The Administrative Appeals Tribunal (AAT) considered an application by Mr Stafford for an extension of time to lodge an application for review of a decision made by the AAT1. Mr Stafford had received overpayments of Family Tax Benefit (FTB) during the period 1 July 2014 to 30 June 2016, as his actual combined income with his partner exceeded the estimate provided to Centrelink. Mr Stafford did not dispute the facts giving rise to the debt but contended that the overpayments were due to process issues and incorrect advice received from Centrelink regarding income reporting.

The primary legal issue before the Tribunal was whether to grant Mr Stafford an extension of time to lodge his application for review, pursuant to section 29(7) of the AAT Act. This section grants the Tribunal discretion to extend the 28-day time limit if the application is in writing and the Tribunal is satisfied that it is reasonable in all the circumstances. The Tribunal was required to consider whether Mr Stafford had provided an acceptable explanation for the significant delay of approximately seven months and whether it was fair and equitable to grant the extension.

The Tribunal reasoned that while special circumstances were not strictly required, it must be positively satisfied that granting an extension is proper. Mr Stafford's explanation for the delay was that he was under the impression he would receive further information from Centrelink and that the matter caused him extreme stress, leading him to "let it go." The Tribunal found this explanation unacceptable, noting that Mr Stafford had completed secondary education, English was his first language, and he had a partner and mother available to assist him. Furthermore, the Tribunal considered Mr Stafford's prospects of success in the substantive application to be poor. Consequently, the Tribunal refused Mr Stafford's application for an extension of time. The Tribunal did, however, make an observation encouraging Mr Stafford to approach Centrelink again to explore affordable repayment arrangements for the debt.