Cox and National Disability Insurance Agency

This matter concerned an application by Ms Cox for an extension of time to seek an extension of time to lodge an application for review of a decision made by the National Disability Insurance Agency. The application was heard by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether to grant Ms Cox an extension of time to lodge her application for review. In determining this, the Tribunal was required to consider the principles applicable to extensions of time, including the merits of the substantive application, any prejudice to the respondent caused by the delay, and whether the applicant had rested on her rights. The substantive application concerned whether Ms Cox met the access criteria for the National Disability Insurance Scheme, as set out in sections 21, 24, and 25 of the *National Disability Insurance Scheme Act 2013* (Cth).

The Tribunal reasoned that it must consider the merits of the substantive application when deciding whether to grant an extension of time. The access criteria require a person to meet age and residence requirements, and either disability requirements (permanent impairments resulting in substantially reduced functional capacity and affecting social or economic participation) or early intervention requirements (permanent impairments or developmental delay, with likely benefit from early intervention supports). As there was no evidence before the Tribunal to support a finding on the substantive merits of Ms Cox's application, and considering that Ms Cox had rested on her rights and the delay may have caused prejudice to the respondent, the Tribunal was not satisfied that it was reasonable in the circumstances to grant an extension of time.

Consequently, the Tribunal refused Ms Cox's application for an extension of time.