40Extension of time to make application for compensation

40 Extension of time to make application for compensation

(1)  A person may apply to the Commissioner for a determination that an application for compensation may be made by the person within a period that ends after a 12-month period specified in this Division.

(2)  The Commissioner must permit an application for compensation to be made by a person at a period, determined by the Commissioner, that ends after a 12-month period specified in this Division, if –

(a) the failure to make an application within that period was occasioned by mistake; or

(b) the person was absent from the State during all of the 12-month period.

(3)  The Commissioner may permit an application to be made under this Act by a person at a period, determined by the Commissioner, that ends after a 12-month period specified in this Division, if the Commissioner is satisfied that there was a reasonable cause for the failure to make an application for compensation within the 12-month period.

(4)  In determining whether there is reasonable cause for the purposes of subsection (3) , the Commissioner is to have regard, amongst other things, to –

(a) the difficulty that the person may have had in obtaining evidence sufficient to establish whether the person was eligible to make an application for compensation; and

(b) whether the person has, within the 12-month period referred to in the relevant section of this Division, taken all reasonable steps to attempt to obtain evidence sufficient to establish whether the person was eligible to make an application for compensation.

(5)  A person who has applied for a determination of the Commissioner under this section and who is dissatisfied with the determination of the Commissioner may refer the matter to the Tribunal.

(6)  If a matter is referred to the Tribunal under subsection (5) , the Tribunal, if it is of the opinion that –

(a) subsection (2) requires the Commissioner to permit an application for compensation to be made within a period; or

(b) there was a reasonable cause for the failure to make an application for compensation, having regard, amongst other things, to the matters referred to in  –