Taylor and National Disability Insurance Agency

This matter concerned an application by Mr Taylor for an extension of time to seek review of a decision by the National Disability Insurance Agency (NDIA) to reject his request to become a participant in the National Disability Insurance Scheme (NDIS). The NDIA's decision had been affirmed on internal review. Mr Taylor subsequently sought to have this internal review decision reviewed by the Administrative Appeals Tribunal (AAT), but lodged his application outside the prescribed 28-day time limit. The Tribunal was therefore required to determine whether it was reasonable in all the circumstances to grant an extension of time.

The legal issues before the Tribunal were whether to grant Mr Taylor an extension of time to lodge his application for review, and if so, until what date. In considering this, the Tribunal had to weigh the length of the delay and the reasons for it against the potential prejudice to the NDIA and the merits of Mr Taylor's substantive case. The Tribunal was guided by the principle that applications for extensions of time should not be applied mechanically, but rather all circumstances must be considered to determine if granting an extension is reasonable.

The Tribunal reasoned that Mr Taylor's delay of 94 days was significant, but it was largely attributable to his mental health issues, including anxiety and depression, and his feelings of being overwhelmed by the rejection of his NDIS access request. He had a mistaken recollection of the applicable time limit, likely confusing the 90-day period for internal review with the 28-day period for external review. The Tribunal also noted that Mr Taylor had support from a case manager who corroborated his difficulties. Considering the beneficial and remedial nature of the NDIS Act, and the fact that Mr Taylor had an arguable case and that prejudice to the NDIA would not be substantial, the Tribunal concluded that it was reasonable to grant the extension.

Accordingly, the Tribunal granted Mr Taylor's application for an extension of time, extending the time for him to seek review of the NDIA's decision until 27 June 2023.