Stewart and Secretary, Department of Employment

This matter concerned an application by Ms Stewart ("the Applicant") for an extension of time to seek review of a decision made by the Secretary, Department of Employment ("the Respondent") on 31 May 2016, pursuant to the Fair Entitlements Guarantee Act 2012. The application was heard by T. Tavoularis SM of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant the Applicant an extension of time to file her application for review. This required the Tribunal to consider established principles for determining such applications, including the length of the delay and the explanation provided for it, as well as the applicant's awareness of her appeal rights.

The Tribunal applied the principles established in *Hunter Valley Developments Pty Ltd v Cohen* and subsequent cases. It found that the Applicant's delay of approximately three months was significant. Furthermore, the Tribunal noted that applications commenced outside prescribed time limits should not be entertained without an acceptable explanation for the delay, as regulated entities are entitled to assume that claims not pursued within time limits are finalised. The Tribunal also considered the prospects of success of the substantive application, finding them to be minimal given the limited discretion under the Fair Entitlements Guarantee Act 2012 to disturb the original decision.

Ultimately, the Tribunal concluded that the Applicant had failed to satisfy the necessary principles to warrant the exercise of its discretion to extend time. Accordingly, the application for an extension of time was refused.