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

This matter concerned an application for an extension of time to lodge a second review application with the Administrative Appeals Tribunal (AAT) by Ms Windram, who had her claim for Newstart Allowance rejected by Centrelink. The Secretary of the Department of Social Services opposed the extension.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant Ms Windram an extension of time to lodge her application for a second review, pursuant to section 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth). This required the Tribunal to consider the applicant's explanation for the delay and the merits of her substantive application.

The Tribunal applied the principle that time limits should not be disregarded unless there is a very good reason, and that the applicant must provide an acceptable explanation for the delay and demonstrate that it is fair and equitable to extend the time. Ms Windram’s stated reason for the delay related to a dispute over how income from a family trust was attributed to her. However, the Tribunal found her explanation for the delay to be unacceptable, noting that she was aware of the time limits but did not act promptly after receiving advice from her accountant. Furthermore, the Tribunal found that Ms Windram had not presented an arguable case on the merits of her substantive application.

Consequently, the Tribunal was not satisfied that it was reasonable in all the circumstances to grant an extension of time. Ms Windram’s application for an extension of time, and her substantive application for second review, were dismissed.