Zammit-Ross and National Disability Insurance Agency

This matter concerned an application by Ms Zammit-Ross for an extension of time to lodge an application for review of a National Disability Insurance Scheme (NDIS) plan decision, and a separate application for reinstatement of a previous application. The substantive application was lodged approximately four days after the expiry of the 28-day statutory time limit under section 29(2) of the *Administrative Appeals Tribunal Act 1975* (Cth). The applicant sought review of a decision approving a statement of participant supports and requested that the funding be self-managed rather than plan-managed. The Administrative Appeals Tribunal (the Tribunal) considered both applications.

The Tribunal was required to determine two primary legal issues. Firstly, whether it should exercise its discretion under section 29(7) of the *Administrative Appeals Tribunal Act 1975* to extend the time for Ms Zammit-Ross to lodge her 2024 application for review. Secondly, the Tribunal had to consider whether to reinstate a previous application lodged in 2021, which had been finalised by a decision made under section 42C of the Act after the parties entered into terms of settlement.

In relation to the extension of time application, the Tribunal considered several factors, including the length of the delay, the explanation provided, the merits of the substantive application, prejudice to the respondent, and the public interest. The Tribunal found the delay of approximately four days to be very short, which weighed in favour of granting the extension. Ms Zammit-Ross explained that she acted promptly upon receiving an internal review decision, initially seeking reinstatement of her prior application before being advised to lodge a new one. Regarding the reinstatement application, the Tribunal determined that its authority had expired upon making the section 42C decision. While acknowledging a potential argument for reinstatement under section 42A(9) of the Act, the Tribunal interpreted this provision as relating to applications made under other subsections of section 42A, rather than providing a standalone right of reinstatement in these circumstances. Furthermore, the Tribunal found it would not be appropriate to reinstate the 2021 application, as the applicant's concerns related to a subsequent plan review decision, and the NDIS Act provides for ongoing reviews.

The Tribunal granted the application for an extension of time to lodge the 2024 application for review. However, the application for reinstatement of the 2021 application was not granted.