LKZX 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, LKZX, was represented by his mother and advocate, Mr. Wrathall, and the respondent was the NDIA. The application was heard by Mr. S. Webb, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether to exercise its discretion under section 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth) to grant an extension of time for LKZX to apply for a review of the NDIA's decision of 5 July 2018 concerning the approval of specific supports. The Tribunal was required to consider various factors, including the reasons for the delay, the utility of the application, preliminary considerations of merit, prejudice to the parties, and the public interest.

The Tribunal reasoned that while there was a public interest in the timely resolution of disputes concerning NDIS supports, and that the NDIA's own extensive delay in responding to the request for internal review had prejudiced LKZX's interests, these factors did not outweigh the considerations against granting the extension. The Tribunal found that both the NDIA and LKZX were likely to encounter prejudice due to the effluxion of time, particularly in obtaining relevant evaluative materials. Ultimately, the Tribunal concluded that, in all the circumstances and despite sympathy for LKZX's situation, there was insufficient evidence to justify granting an extension of over two years.

Consequently, the Tribunal refused the application for an extension of time.