Late Applications to the Administrative Review Tribunal (After 28 Days)
Normally, you must apply to the Administrative Review Tribunal within 28 days of receiving the
NDIA’s internal review decision.
However, the Administrative Review Tribunal can accept a late application if it thinks doing so is
reasonable in all the circumstances.
There is no automatic right to extra time. Each case is decided individually.
When deciding whether to accept a late application, the Administrative Review Tribunal looks at:
1. How late the application is
o A short delay is easier to explain than a very long one.
2. Reasons for the delay
o The Administrative Review Tribunal wants a clear, honest explanation.
3. What you did during the delay
o Did you try to challenge the decision?
o Did you seek help, ask questions, or gather evidence?
4. Strength of your case
o If your legal case appears strong, the Administrative Review Tribunal is more likely to
accept it.
5. Impact on the NDIA
o Has the delay made it harder for the NDIA to respond or gather evidence?
6. Public interest
o For example, whether fairness or access to justice supports allowing the case to
proceed.
The Administrative Review Tribunal has allowed late review requests where:
• The application was over 4 months late, but the person was dealing with bereavement,
serious illness, and high caring responsibilities.
• The delay was short (around 5 weeks) and caused no real difficulty for the NDIA.
• The person believed someone else had already lodged the application for them.
• The legal case was clearly strong.
• The delay was long, but medical or psychological evidence showed the person was
experiencing serious distress that affected their ability to act.
The AAT has refused where:
• The delay was very long (many months or years).
• The person initially chose not to appeal, then changed their mind much later.
• The delay would cause significant difficulty for the NDIA.
• The case appeared weak or unlikely to succeed.
• The person did not explain the delay properly or gave no supporting evidence.
Remember:
Being late does not automatically mean refusal.
But vague explanations or missing evidence greatly reduce your chances.
If you are unsure, getting legal or advocacy advice can be very helpful.
You must:
1. Apply to the Administrative Review Tribunal in the usual way, and
2. Include an Application for Extension of Time form.
You can get help filling out the form from:
• A support coordinator.
• An advocate.
• A trusted family member or friend.
In this section, clearly explain:
✔ Why you missed the 28-day deadline.
✔ Why you think the NDIA decision is wrong.
✔ What will happen if the Administrative Review Tribunal does not hear your case.
✔ Any other important fairness reasons.
Attach evidence if you have it, such as:
• Medical or psychological reports.
• Hospital records.
• Carer statements.
• Emails showing attempts to challenge the decision.
1. The Administrative Review Tribunal confirms receipt of your application.
2. The Administrative Review Tribunal decides whether to grant extra time.
3. The Administrative Review Tribunal may:
o Ask for more information, or
o Hold a short hearing about the delay (especially if the NDIA objects).
If extra time is granted:
Your application proceeds like any other AAT case.
If extra time is refused:
The Administrative Review Tribunal will not hear the case.
You may need to make a new request to the NDIA (for example, a fresh plan review).
☐ How late is the application?
☐ Is there a clear, documented reason for delay?
☐ Did the person try to act during the delay?
☐ Is the case reasonably strong?
☐ Is there evidence explaining the delay?
If most answers are
, it may be worth applying.