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

The Administrative Appeals Tribunal (AAT) considered an application by Stanes for review of a decision made by the Secretary, Department of Social Services. The core of the dispute concerned Stanes' failure to proceed with their application for review before the Social Services and Child Support Division of the AAT.

The primary legal issue before the Tribunal was whether it had the power to extend the time for Stanes to lodge their application for review, given the applicant's failure to prosecute the matter. This involved an examination of the relevant provisions of the *Administrative Appeals Tribunal Act 1975* (Cth) and the *Social Security Act 1991* (Cth) concerning the time limits for lodging applications and the Tribunal's discretion to grant extensions.

The Tribunal reasoned that the applicant had not provided sufficient grounds to justify an extension of time. It applied the principles that an applicant must demonstrate a good reason for the delay and that the Tribunal's discretion to extend time is not to be exercised lightly. In this instance, the Tribunal found that the applicant's explanation for the delay was inadequate and did not meet the threshold required for the exercise of its discretion. Consequently, the Tribunal dismissed the application for review.