Zaiter and Comcare (Compensation)

This matter concerned an application for an extension of time before the Administrative Appeals Tribunal (AAT) by Mr Zaiter against Comcare. Mr Zaiter sought review of Comcare's decision to decline liability for psychological treatment under section 16 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth). The statutory period for seeking review had elapsed, with the applicant's solicitors having been instructed but failing to lodge the application within the prescribed timeframe.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant Mr Zaiter an extension of time to lodge his application for review. This required the Tribunal to consider the reasons for the delay, whether the applicant had rested on his rights, the prejudice to Comcare, and the prospects of success of the substantive application, as well as the broader considerations of fairness between applicants and the interests of the general public.

The Tribunal considered the reasons for the delay, including the actions of the applicant's solicitors. It weighed these against the potential prejudice to Comcare and the importance of ensuring fairness and access to justice for the applicant. Ultimately, the Tribunal concluded that the interests of justice favoured allowing the application to proceed.

Accordingly, pursuant to subsection 29(7) of the *Administrative Appeals Tribunal Act 1975* (Cth), the Tribunal extended the time for making an application for review to 17 May 2022.