VZVX and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered an application for review lodged by the Applicant on 18 January 2019, concerning a decision by the National Disability Insurance Agency (NDIA). The core dispute revolved around whether the Tribunal should exercise its discretion to dismiss the Applicant's application for review due to prolonged delays and non-compliance with procedural directions. Deputy President Younes presided over the matter.

The legal issues before the Tribunal were twofold: first, whether the circumstances of the case enlivened the Tribunal's discretion to dismiss the application under section 42A(2) or 42A(5) of the *Administrative Appeals Tribunal Act 1975* (Cth); and second, if that discretion was enlivened, whether it was appropriate to dismiss the Applicant's application. The Tribunal was required to consider the Applicant's failure to progress the application within a reasonable time and their non-compliance with procedural directions, as well as the principles of procedural fairness and any prejudice to the parties.

The Tribunal reasoned that the Applicant had repeatedly failed to comply with directions issued between April 2019 and April 2023, including providing necessary reports and attending scheduled hearings. Despite multiple opportunities and clear directions, the Applicant consistently failed to provide required evidence or attend proceedings, offering explanations such as being in the process of obtaining reports or experiencing reception issues. The Tribunal noted that the NDIA had sought dismissal due to these persistent failures. Considering the extensive delays and the Applicant's lack of engagement in progressing the matter, the Tribunal found that its discretion to dismiss the application under s 42A(2) and s 42A(5) of the Act was enlivened.

The Tribunal ordered that the application for review be dismissed.