NYNP and National Disability Insurance Agency

The applicant, NYNP, sought an extension of time from the Administrative Appeals Tribunal to lodge an application for review of a decision made by the National Disability Insurance Agency (NDIA). The NDIA's decision affirmed an earlier decision to approve a statement of participant supports (SOPS) forming part of NYNP's National Disability Insurance Scheme (NDIS) plan.

The Tribunal was required to determine whether it was reasonable in all the circumstances to grant NYNP an extension of time for the lodgement of its application for review. This involved considering factors such as the beneficial nature of the legislation, the fact that the participant was a child, the reasonableness of the explanation provided for the delay, the length of the delay, whether the request was opposed by the NDIA, and whether granting the extension would be against the public interest.

Senior Member K. Parker reasoned that the NDIS legislation is beneficial in nature, and that the applicant was a child participant. The explanation for the delay was considered reasonable, the delay itself was relatively short, and the NDIA did not oppose the request. Furthermore, the Tribunal found that granting the extension would not be against the public interest.

Accordingly, the Tribunal was satisfied that it was reasonable in all the circumstances to extend the time for the lodgement of the application for review, and the request for an extension of time was granted.