Howard-Smith and National Disability Insurance Agency

This matter concerned an application by Mr Howard-Smith for an extension of time to seek 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 Tribunal was required to determine whether it was reasonable in the circumstances to grant Mr Howard-Smith an extension of time to lodge his application. In considering this question, the Tribunal was obliged to assess the merits of the substantive application, which concerned whether Mr Howard-Smith met the access criteria for the National Disability Insurance Scheme (NDIS). The relevant access criteria are set out in section 21 of the NDIS Act, which requires a person to meet age, residence, and either disability or early intervention requirements.

The Tribunal reasoned that the merits of the substantive application were a crucial factor in deciding whether to grant an extension of time. It noted that to meet the disability requirements under section 24, an applicant must demonstrate a permanent impairment resulting in substantially reduced functional capacity and affecting social or economic participation, with a likely lifelong need for NDIS support. Alternatively, under section 25, a person may meet the early intervention requirements if they have a permanent impairment or developmental delay, and early intervention supports are likely to benefit them by reducing future needs, mitigating or preventing deterioration of functional capacity, or strengthening informal supports. The Tribunal considered that the substantive matter may have merit.

The Tribunal concluded that it was reasonable in the circumstances to grant the extension of time and therefore granted Mr Howard-Smith's application.