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

[2017] AATA 2593

Tiatia and Secretary, Department of Social Services (Social services second review) [2017] AATA 2593 (14 December 2017)

Division:GENERAL DIVISION

File Number(s):      2017/6797

Re:Netta Tiatia

APPLICANT

AndSecretary, Department of Social Services

RESPONDENT

DECISION

Tribunal:Deputy President B W Rayment

Date:14 December 2017

Place:Sydney

Pursuant to section 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth), the Tribunal extends the time for the making of an application for review of the decision of the respondent to 16 November 2017.

.........................[sgd]...............................................

Deputy President B W Rayment

Catchwords

PRACTICE AND PROCEDURE – extension of time  application – whether it is reasonable in all the circumstances to grant the extension – explanation for delay – whether prejudice to respondent – whether substantive matter has merit – extension of time application granted

Legislation

Administrative Appeals Tribunal Act 1975 (Cth) s 29(7)

REASONS FOR DECISION

Deputy President B W Rayment

14 December 2017

1. The applicant requires an extension of time of less than ten days to seek review of a decision made in the Social Security and Child Support Division of this Tribunal (AAT1).  Her explanation for the delay is that she was in hospital awaiting the birth of a child and then for a time arranging to obtain legal aid for the appeal.  Those facts are not in contest.

2. The reasons of AAT1 do not satisfy me that the application for review has insufficient prospects of success to justify a grant of extension of time.  It seems to me that a number of matters found at the first tier review may well be decided differently on review and the applicant will have legal representation for the first time before the Tribunal on the second tier review, since she has a grant of legal aid.  That will enable assistance to be given to the Tribunal by both parties.

3. Therefore, pursuant to section 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth), after hearing both parties in relation to the application for an extension of time, the Tribunal extends the time for the making of an application for review of the decision of the respondent to 16 November 2017.

I certify that the preceding 3 (three) paragraphs are a true copy of the reasons for the decision herein of Deputy President B W Rayment

.......................[sgd]..............................................

Associate

Dated: 14 December 2017

Date(s) of hearing:	12 December 2017
Solicitors for the Applicant:	Legal Aid NSW
Solicitors for the Respondent:	Department of Human Services