ABL & ABK v Department of Family and Community Services [2012] NSWADT 130

ABL & ABK v Department of Family and Community Services [2012] NSWADT 130

The application for review was lodged out of time and the applicants did not provide a reasonable explanation for the delay; accordingly, the application to extend time was refused and the Tribunal lacked jurisdiction to consider the substantive review.

Jurisdiction
Australia
Judgment Date
04 July 2012
Procedural Posture
Review of Administrative Decision / Application for Extension of Time to Apply for Review
Outcome
Application for extension of time refused; application for review not considered.
Legal Topics
['extension of Time' 'tribunal Jurisdiction' 'reviewable Decisions Under Care and Protection Legislation' 'procedural Time Limits']
['administrative Law' 'child Welfare Law'] ['extension of Time' 'tribunal Jurisdiction' 'reviewable Decisions Under Care and Protection Legislation' 'procedural Time Limits']

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Procedural Posture

Review of Administrative Decision / Application for Extension of Time to Apply for Review

Legal Issues

  1. 1 ['Whether the Tribunal has jurisdiction to hear the application given it was filed out of time' 'Whether the applicants have provided a reasonable explanation for delay and whether time should be extended']

Ratio Decidendi

The application for review was lodged out of time and the applicants did not provide a reasonable explanation for the delay; accordingly, the application to extend time was refused and the Tribunal lacked jurisdiction to consider the substantive review.

Court Disposition

Application for extension of time refused; application for review not considered.

Orders

  • ["The applicants' application has been lodged out side the time prescribed in paragraph 55(1)(d) of the Administrative Decisions Tribunal Act 1997." "The applicants' application to extend time within which to lodge their application is refused."]