Usher and National Disability Insurance Agency

The applicant, Usher, sought an extension of time to request an internal review of a decision made by the National Disability Insurance Agency (NDIA). The NDIA had made a decision regarding the applicant's plan, and the applicant had failed to request an internal review within the prescribed timeframe. The matter came before Illingworth SM in the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether it should grant an extension of time for the applicant to seek an internal review of the NDIA's decision. This required the Tribunal to consider the relevant legislative provisions governing extensions of time and the factors to be taken into account when exercising such discretion.

Illingworth SM refused the extension of time. The Tribunal noted that the applicant had not provided any satisfactory explanation for the significant delay in seeking the internal review. The Tribunal applied the principles that an applicant must demonstrate a good reason for the delay and that the discretion to grant an extension of time should not be exercised lightly, particularly where there is a lack of diligence on the part of the applicant. The Tribunal found that the applicant had not met the threshold for granting an extension of time.