Quitlong and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered an application for reinstatement of a substantive application made by the Applicant, following the dismissal of his original application for access to the National Disability Insurance Scheme due to his failure to appear at a hearing. The Applicant sought reinstatement of his matter, which was opposed by the Respondent, the National Disability Insurance Agency. A hearing was scheduled to consider the reinstatement application, but the Applicant again failed to appear.

The primary legal issues before the Tribunal were whether the Applicant's application for reinstatement was made within the prescribed 28-day period, and if not, whether there were special circumstances to warrant an extension of time. The Tribunal was also required to consider whether the dismissal of the original application was made in error, although this was not ultimately necessary for the decision. The Tribunal had regard to the provisions of section 42A of the Administrative Appeals Tribunal Act 1975 (Cth), which govern the reinstatement of applications, and relevant case law, including *Mori v Secretary, Department of Social Services* [2014] FCA 333 and *James and Comcare (Compensation)* [2023] AATA.

The Tribunal found that the Applicant's written application for reinstatement, lodged on 30 April 2024, was made out of time, as it fell outside the 28-day period stipulated by section 42A(11)(a) of the Act. While the Applicant had contacted the Tribunal's registry within the time limit, his formal written application was delayed. The Tribunal noted that despite the Applicant's limited English and need for interpreters, the Tribunal Registry had made efforts to assist him, including sending an urgent email and speaking with him by telephone. The Applicant's subsequent written request for reinstatement was brief and did not provide evidence of errors or special circumstances that would justify an extension of time under section 42A(11)(b). The Tribunal also noted the Applicant's repeated failure to appear at proceedings, which did not assist in the determination of the issues.

Consequently, the Tribunal refused the application for reinstatement under section 42A(9) of the Administrative Appeals Tribunal Act 1975, as the application was made out of time and no special circumstances were demonstrated to permit an extension.