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

This matter concerned an application by Whelan for an extension of time to lodge an appeal against a decision of the Secretary, Department of Social Services. The application for an extension of time was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant Whelan an extension of time to lodge her appeal, given that the application was made approximately 11 years after the original decision. The Tribunal was required to consider the explanation provided for the significant delay, whether Whelan had effectively rested on her rights during that period, and the potential prejudice to the respondent and the public if an extension were granted, alongside the merits of the substantive application.

The Tribunal found that the applicant had not provided a satisfactory explanation for the extensive delay. It was of the view that Whelan had rested on her rights for a considerable period. Furthermore, the Tribunal considered that granting an extension of time would likely cause prejudice to the respondent and the public interest. Balancing these factors, the Tribunal concluded that it was not reasonable in all the circumstances to grant the extension of time.

Consequently, the Tribunal refused the application for an extension of time.