Bellesini and National Disability Insurance Agency

This matter concerned an application by Ms Bellesini for an extension of time to lodge an application for review of a decision made by a reviewer of the National Disability Insurance Agency (NDIA). The NDIA’s decision had refused to approve funding for an electric bed and chair lift in Ms Bellesini’s NDIS plan, and had not recognised a physical disability in addition to her psychosocial conditions. The Administrative Appeals Tribunal (AAT) was required to determine whether it was reasonable in all the circumstances to grant an extension of time for the lodgement of Ms Bellesini’s substantive application for review, which was delayed by approximately four months.

The Tribunal considered several factors in determining whether to exercise its discretion under s 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth) to extend the time for lodging the application. These factors included the length of the delay, the explanation provided for the delay, the preliminary merits of the application, any prejudice to the NDIA, whether Ms Bellesini had rested on her rights, the public interest, and any other relevant matters. The Tribunal noted that the delay of just over four months was significant and weighed against granting the extension, as did the public interest in observing statutory timeframes.

However, the Tribunal found that Ms Bellesini’s explanation for the delay, which involved a genuine misconception about the requirement to lodge all supporting documentation before the substantive application, was acceptable. Furthermore, a preliminary assessment indicated that the application was arguable and not lacking in merit. Crucially, the NDIA did not oppose the extension of time by the conclusion of the hearing and had not suffered any prejudice as a result of the delay. The Tribunal concluded that the factors favouring the grant of the extension outweighed those against it.

Accordingly, the Tribunal granted Ms Bellesini’s application for an extension of time, ordering that the date for lodgement of the substantive application be extended to 29 November 2023.