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

This matter concerned an application by Mr Twentyman for an extension of time to lodge an application for review of a decision made by the Administrative Appeals Tribunal (AAT). The AAT, constituted by Mr S Evans, Member, was required to determine whether it was reasonable in all the circumstances to grant this extension. The underlying dispute related to a disability support pension debt of $11,473.05 calculated by Centrelink in May 2015, which Mr Twentyman sought to review.

The primary legal issue before the Tribunal was whether to grant Mr Twentyman an extension of time to lodge his application for review of the AAT's decision of 14 September 2020. This required the Tribunal to consider the reasonableness of granting such an extension in all the circumstances, taking into account factors such as the length of the delay, any explanation offered for the delay, Mr Twentyman's awareness of his appeal rights, potential prejudice to the respondent, and the merits of the substantive matter.

The Tribunal reasoned that while the delay of 11 days was not significant, it was not reasonable to grant an extension in this instance. This conclusion was based on several factors: Mr Twentyman provided no explanation for the delay; he had prior experience with the Tribunal and was aware of appeal requirements; granting an extension would undermine the public interest in finality and certainty in administrative decision-making; Mr Twentyman had alternative avenues for relief, such as renegotiating repayment terms; and his application lacked merit, appearing to stem from a misunderstanding. The Tribunal applied the principle that an extension of time is not granted mechanically but requires a consideration of all circumstances, with the overriding consideration being reasonableness.

Consequently, the Tribunal refused Mr Twentyman's application for an extension of time to lodge his application for review of the AAT decision dated 14 September 2020.