Worthington and National Disability Insurance Agency

This matter concerned an application by Mr Worthington to the Administrative Appeals Tribunal, which sought to review a decision of the National Disability Insurance Agency. The core of the dispute revolved around Mr Worthington's repeated failure to attend scheduled alternative dispute resolution conferences.

The Tribunal was required to determine whether to exercise its discretion to dismiss Mr Worthington's application due to his non-attendance at two conferences. Specifically, the Tribunal had to consider the adequacy of his explanations for these absences and whether his conduct demonstrated a willingness to participate in the Tribunal's processes.

The Tribunal found that Mr Worthington's non-attendance at the second conference remained unexplained. While accepting his explanation for missing the third conference – a phone problem – the Tribunal considered it insufficient. It noted that Mr Worthington had been advised of the conference, confirmed his attendance, and knew he would be contacted. His delay in recognising the Tribunal's attempts to reach him and his apparent lack of understanding as to why the Tribunal was trying to contact him indicated he was not ready or willing to participate. The Tribunal acknowledged Mr Worthington's status as a participant in the National Disability Insurance Scheme and the potential disadvantages he faced, but concluded that his indifference to the Tribunal's processes was unacceptable.

Ultimately, the Tribunal dismissed the application under s 42A(2) of the Administrative Appeals Tribunal Act 1975. The Tribunal noted that this dismissal did not preclude Mr Worthington from seeking a review of his plan with the Agency or from re-agitating the issues with the Tribunal in the future if necessary.