Woodward and Australian Postal Corporation (Compensation)

This matter concerned applications for an extension of time made by the applicant, Woodward, in relation to reviews of decisions by Comcare. The Australian Postal Corporation was the respondent. The applicant sought to review decisions that denied liability for "situation anxiety stress and depression" and other related matters. The applications were heard by Senior Member A Poljak of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant the applicant extensions of time to lodge his applications for review. This involved considering the length of the delay, the reasons provided for the delay, the merits of the substantive matter, and any prejudice to the respondent. The Tribunal was required to apply the principles governing the exercise of discretion to grant extensions of time, acknowledging that an "acceptable explanation for the delay" is not a strict precondition but a factor to be considered alongside all other circumstances.

The Tribunal found that the applicant had not provided an acceptable explanation for the significant delay in filing his application for review, which was approximately 260 days out of time. Despite claiming to be affected by stress and anxiety, the applicant had engaged in several other actions during the period of delay, including lodging a further compensation claim, making multiple complaints to human resources and external bodies, attending conciliation conferences, and participating in settlement negotiations. These actions indicated a capacity to undertake legal and administrative processes. The Tribunal also noted that a medical report commissioned by the applicant was focused on fitness for duty rather than commenting on liability for compensation.

Consequently, the Tribunal determined that it was not reasonable in all the circumstances to grant the applicant's applications for extensions of time. The applications for extension of time in matters 2021/8405, 2022/0335, and 2022/0368 were refused.