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

This matter concerned an application by Ms Todd for an extension of time to seek review of a decision made by the Secretary, Department of Social Services, concerning family assistance debts. The Administrative Appeals Tribunal (AAT) was required to determine whether to grant this extension.

The primary legal issue before the Tribunal was whether to exercise its discretion under subsection 29(7) of the AAT Act to grant an extension of time for Ms Todd to lodge her application for review. In considering this discretion, the Tribunal had regard to established principles, including the need for an acceptable explanation for the delay, whether the applicant had "rested on her rights," any prejudice to the respondent, the merits of the substantive application, and fairness to others in similar positions.

The Tribunal noted that the starting position is that applications made outside the prescribed time limit will generally not be entertained, requiring a compelling explanation for the delay. Ms Todd had advised the Department of her estimated family income in May 2016, but an error by departmental staff resulted in her income being recorded as zero, leading to an overpayment of family tax benefit and child care benefit. The Tribunal found that Ms Todd had rested on her rights and had provided less than a compelling explanation for the significant delay in seeking review of the decision made in July 2018. Furthermore, her prospects of success in the substantive application were considered poor.

Consequently, the Tribunal refused Ms Todd's application for an extension of time.