Lopez and National Disability Insurance Agency

This matter concerned an application by Ms Lopez for an extension of time to lodge an application for review of a decision made by the National Disability Insurance Agency (NDIA). The NDIA had determined that Ms Lopez did not meet the disability or early intervention requirements for access to the National Disability Insurance Scheme (NDIS). The Administrative Appeals Tribunal (AAT) was required to determine whether it was reasonable in all the circumstances to grant Ms Lopez an extension of time to file her application for review.

The Tribunal considered several factors in determining whether to grant the extension. These included the length of the delay, the explanation provided for the delay, the potential prejudice to the parties, the availability of alternative avenues for relief, the importance of enforcing statutory timeframes, and the overall interests of justice and utility in granting the extension. The NDIA argued that seeking an advocate was not an adequate reason for the delay and that Ms Lopez had an alternative avenue by lodging a new access request.

The Tribunal found that while Ms Lopez expressed confusion about the review process, she had not demonstrated that she was not notified of the NDIA's internal review decision, which was sent to her postal address on 12 October 2022. The Tribunal was not satisfied that Ms Lopez's medical conditions or surgeries prevented her from seeking a review within the relevant timeframe, noting that there was evidence she had received assistance and that difficulties in contacting her arose from other issues. The Tribunal also emphasised the importance of statutory timeframes for the AAT to meet its objectives. Despite acknowledging that there might be utility in Ms Lopez further arguing her case, the Tribunal concluded that the length of the delay was not insignificant and that Ms Lopez had not provided a sufficient explanation for it.

Consequently, the Tribunal was not satisfied that it was reasonable in Ms Lopez's circumstances to extend the time for making the review application. The application for an extension of time to file the review application, pursuant to subsection 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth), was refused.