Armstrong and National Disability Insurance Agency

This matter concerned an application for an extension of time to seek review of a decision made by the National Disability Insurance Agency (NDIA). The applicant, Ms Armstrong, had her request to become a participant in the NDIS rejected, and this decision was affirmed on internal review. Ms Armstrong subsequently sought to have the NDIA's decision reviewed by the Administrative Appeals Tribunal (AAT), but her application was lodged outside the prescribed time limit.

The primary legal issue before the Tribunal was whether it was reasonable in all the circumstances to grant Ms Armstrong an extension of time to lodge her application for review, pursuant to section 29(7) of the *Administrative Appeals Tribunal Act 1975* (Cth). This required the Tribunal to weigh various factors, including the reasons for the delay, the merits of the substantive application, and any prejudice to the NDIA.

The Tribunal granted the extension, finding that Ms Armstrong's personal difficulties and uncertainty regarding her receipt of the NDIA's internal review decision were significant factors favouring the grant of an extension. The Tribunal also considered that other relevant factors, such as potential prejudice to the NDIA, the merits of the underlying application, and the availability of alternative remedies, did not weigh against granting the extension. Accordingly, the Tribunal extended the time for Ms Armstrong to seek review of the NDIA's decision until 4 September 2023.