Al Sadek and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered an application made by Al Sadek against the National Disability Insurance Agency. The core of the dispute concerned the applicant's ability to proceed with their application, particularly in light of the appointment of a Public Guardian to the applicant. The National Disability Insurance Agency sought the dismissal of the application.

The Tribunal was required to determine whether the application should be dismissed under section 42A of the *Administrative Appeals Tribunal Act 1975* (Cth). Specifically, the Tribunal had to consider whether the Public Guardian, appointed to the applicant, possessed the authority to instruct the continuation of the proceedings on the applicant's behalf, and whether the applicant had failed to proceed with the application within a reasonable time.

The Tribunal reasoned that the Public Guardian, despite being appointed to the applicant, did not have the authority to instruct the proceedings to continue. Furthermore, the Tribunal found that the applicant had not proceeded with the application within a reasonable time. Consequently, the Tribunal exercised its power under section 42A(5)(a) of the *Administrative Appeals Tribunal Act 1975* to dismiss the application. The Tribunal had previously made and provided orders to the parties approximately 48 hours before issuing these reasons, to allow the Public Guardian to consider its position.