Isbister 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, Miss Isbister, sought access to the National Disability Insurance Scheme (NDIS) but was refused. Following an internal review which confirmed the refusal on 23 March 2023, Miss Isbister lodged an application for review with the Administrative Appeals Tribunal (AAT) on 7 June 2023, which was outside the statutory 28-day time limit. The NDIA opposed the application for an extension of time. The decision was made by K. Parker SM of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it should exercise its discretion under section 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth) to extend the time for Miss Isbister to lodge her application for review of the NDIA's internal review decision. This required the Tribunal to consider the reasonableness of granting the extension in all the circumstances, including the explanation for the delay, any prejudice suffered by the NDIA, and whether granting the extension would be against the public interest.

The Tribunal considered Miss Isbister's explanation for the delay, which included difficulties accessing information via her "gov" account and an Android phone, being unwell, and a misunderstanding regarding the communication of the decision. Miss Isbister also indicated that she had wished to submit further medical evidence following the initial decision. The Tribunal noted that the legislation governing the NDIS is beneficial in nature. After considering the available evidence, including medical reports detailing Miss Isbister's various physical and psychosocial impairments, and the submissions of both parties, the Tribunal was satisfied that it was reasonable in all the circumstances to extend the time for making the application for review.

The Tribunal ordered that the time for Miss Isbister to make an application for review of the Internal Review Decision be extended to 7 June 2023.