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

The Administrative Appeals Tribunal (AAT) considered an application for an extension of time by WFCN, who sought to appeal a decision made by the Secretary, Department of Social Services. The applicant sought to have a decision reviewed that had been made approximately four years and ten months prior. The core of the dispute revolved around whether it was reasonable in all the circumstances to grant this significant extension of time.

The primary legal issue before the Tribunal was whether to grant WFCN an extension of time to lodge her application for review. This required the Tribunal to assess the applicant's explanation for the substantial delay and to consider the merits of the substantive application itself, weighing these factors against the prejudice to the respondent and the public interest in finality of decisions.

In reaching its decision, the Tribunal applied the principles governing applications for extensions of time under the *Administrative Appeals Tribunal Act 1975* (Cth). The Tribunal considered the applicant's assertion that she had not received notice of the reviewable decision and was unaware of the 28-day time limit for lodging an appeal. However, the Tribunal found that the explanation provided for the extensive delay was not sufficiently compelling, and that the merits of the substantive application, as presented, did not outweigh the considerable delay and the potential prejudice to the respondent. Consequently, the Tribunal refused the application for an extension of time.