Canning and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered an application by Canning for review of a decision made by the National Disability Insurance Agency (NDIA). The applicant failed to appear at a scheduled directions hearing.

The primary legal issue before the Tribunal was whether the application for review should be dismissed pursuant to section 42A(2) of the *Administrative Appeals Tribunal Act 1975* (Cth) due to the applicant's non-appearance at the directions hearing, and whether appropriate notice of the hearing had been given to the applicant as required by section 42A(7) of the Act.

The Tribunal found that the NDIA had provided appropriate notice of the directions hearing to the applicant in accordance with section 42A(7) of the *Administrative Appeals Tribunal Act 1975*. As the applicant failed to appear at the hearing, and no reasonable explanation for the absence was provided, the Tribunal was satisfied that it was appropriate to dismiss the application for review under section 42A(2) of the Act.