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

This matter concerned an application for an extension of time to seek a second review of a decision by the Administrative Appeals Tribunal (AAT) affirming the refusal of Mr Van Duren's claim for a Disability Support Pension (DSP). The AAT's first review decision was made on 26 April 2022, and notice was given to Mr Van Duren by email on 4 May 2022. The standard 28-day period for applying for a second review expired on 1 June 2022. Mr Van Duren's representative lodged an application for an extension of time on 22 June 2022, citing Mr Van Duren's disability, his lack of awareness of the decision and timeframes, and his lack of support at the time.

The sole issue before the Tribunal was whether it was reasonable in all the circumstances to grant Mr Van Duren an extension of time to apply for a second review of the AAT's first review decision, pursuant to section 29(7) of the Administrative Appeals Tribunal Act 1975. The Tribunal was required to consider the reasons provided for the delay and weigh them against the relevant legal principles governing extensions of time.

The Tribunal noted that the qualification thresholds for DSP are set out in section 94 of the Social Security Act 1991, which requires a person to have a physical, intellectual, or psychiatric impairment of 20 points or more under the Impairment Tables, and a continuing inability to work. The Impairment Tables require a condition to be permanent, meaning it has been fully diagnosed, treated, and stabilised. While Mr Van Duren had established impairments, including PTSD, the Tribunal's focus was on the procedural issue of the extension of time application. The Tribunal considered the reasons for the delay, including Mr Van Duren's assertion that he was unaware of the decision and the timeframes due to his disability and lack of support. The Secretary opposed the application for an extension of time.