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

This matter concerned an application by Miss Wilson for an extension of time to lodge an application for review of a decision made by the Administrative Appeals Tribunal (AAT). Miss Wilson had initially lodged claims for carer's allowance in 2017, which were rejected by Centrelink and subsequently affirmed by the AAT in April 2019. Miss Wilson then sought a review of the AAT's decision, filing her application approximately four months out of time, and by the time she sought an extension of time, she was almost eight months out of time. The decision was made by Mr R Reitano, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to extend the time for Miss Wilson to lodge her application for review, pursuant to section 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth). This required the Tribunal to consider the objective test laid down in the authorities, involving a weighing of all relevant factors, including the significant delay in lodging the application.

The Member acknowledged that the eight-month delay was significant, but found that it was not accompanied by any demonstrable prejudice to the Secretary. The Member accepted Miss Wilson's explanation for the delay, which related to her circumstances as a single mother with three young disabled children, and noted her unsuccessful attempts to file the application by email. Crucially, the Member considered that Miss Wilson had some prospects of succeeding in her substantive claim, particularly given that a subsequent application for carer's allowance, made less than two years later for a similar period, was successful and achieved a significantly higher score. This difference in outcomes, over a relatively short period, engendered a need to consider the matter afresh to ensure the AAT's original decision was correct or preferable. The Member concluded that, in all the circumstances, it was reasonable to extend the time for filing the application for review.