Zirilli and Secretary, Department of Social Services

The Administrative Appeals Tribunal considered an application by Zirilli for an extension of time to appeal a decision by the Secretary, Department of Social Services, to refuse a disability support pension. The applicant sought to challenge the Department's determination that their medical conditions were not fully treated and stabilised, and that treatment options were available, as indicated by a psychiatrist's report.

The primary legal issue before the Tribunal was whether to grant an extension of time for the applicant to lodge their appeal. This required the Tribunal to consider the prospects of success in the substantive matter, the reasons for the delay in lodging the appeal, and any prejudice to the parties.

The Tribunal noted that the psychiatrist's report indicated that treatment options were available and that the applicant's conditions were not fully treated and stabilised. Given this assessment, the Tribunal concluded that there were no reasonable prospects of success in the substantive appeal. Consequently, the Tribunal refused to grant an extension of time for the appeal to be heard.