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

This matter concerned an application for an extension of time to seek a review of a decision by the Secretary, Department of Social Services, concerning a Newstart Allowance (NSA) overpayment. Mr Williams sought to challenge a debt of $2,401.30 raised by Centrelink for the period between 21 July 2010 and 25 June 2012, which arose from an alleged failure to correctly account for his earnings in his NSA payments. The Administrative Appeals Tribunal (AAT) was required to determine whether it was reasonable in all the circumstances to grant Mr Williams an extension of time to lodge his application for review.

The Tribunal considered the principles for granting an extension of time, which include providing an acceptable explanation for the delay, assessing any prejudice to the respondent, and evaluating the merits of the substantive application. Mr Williams' explanation for the three-month delay beyond the prescribed 28-day limit was that he believed the decision was wrong and that he had been "robbed of money" due to miscalculations. The Tribunal also had to consider the substantive issues of whether Mr Williams had indeed been overpaid NSA and, if so, whether the debt should be waived or written off under the relevant provisions of the Social Security Act 1991 (Cth).

In its reasoning, the Tribunal found that while Mr Williams asserted the Centrelink calculations were incorrect, he provided no evidence to substantiate this claim. Based on the payroll information and Centrelink's calculations, the Tribunal was satisfied that Mr Williams had been overpaid NSA in the amount of $2,401.30, and this constituted a debt due to the Commonwealth. Furthermore, the Tribunal found no evidence to support waiving or writing off the debt under sections 1236, 1237A, or 1237AAD of the Act. Considering the lack of a substantive explanation for the delay and the merits of the underlying application, the Tribunal concluded that it was not reasonable in all the circumstances to grant the extension of time.

Consequently, the Tribunal refused Mr Williams' application for an extension of time to seek a review of the decision.