Macdonald and National Disability Insurance Agency

The Administrative Appeals Tribunal considered an application by the applicant, Macdonald, for an extension of time to file an application for review concerning a decision by the National Disability Insurance Agency. The dispute arose from the Agency's refusal to conduct a review of a participant's statement of supports under section 48 of the National Disability Insurance Scheme Act 2013 (Cth). The applicant sought to challenge this refusal, but the application for review was filed almost five months out of time.

The Tribunal was required to determine whether it was reasonable in all the circumstances to grant an extension of time for the applicant to file their review application. In making this determination, the Tribunal considered established principles, including the length of the delay, the explanation provided for the delay and the applicant's awareness of their review rights, the prospects of success of the proposed review, and the availability of alternative avenues for relief. The Tribunal also had to consider whether the application for review in a separate file, concerning the Agency's refusal to conduct a section 48 review, had any prospects of success.

The Tribunal found that the delay of almost five months was lengthy and weighed against granting an extension of time. While the applicant's legal representative offered an explanation for the delay, the Tribunal ultimately concluded that the application for review in file number 2020/7530 had no prospects of success. This was because a review of the Agency's decision not to conduct a section 48 review was limited to the question of whether an unscheduled plan review should have been conducted, and did not allow for a determination on whether reasonable and necessary supports were in dispute.

Consequently, the Tribunal refused the application for an extension of time to file the review application in file number 2020/3439. Furthermore, the Tribunal dismissed the application for review in file number 2020/7530 on the basis that it had no prospects of success.