Decision: The Tribunal dismisses the application pursuant to s 100 (a) and (b) of the Administrative Review Tribunal Act 2024.

...........................[SGD]............................................

NATIONAL DISABILITY INSURANCE SCHEME - failure to proceed - reasonable time to proceed - failure to comply with order of Tribunal - NDIS Support - limited prejudice to Applicant / Party

National Disability Insurance Scheme Act 2013 (Cth)

Administrative Review Tribunal Act 2024

DISMISSAL OF APPLICATION FOR REVIEW STATEMENT OF REASONS**

1. Ms Amy Filipczyk, the Applicant applied for administrative review with the Administrative Review Tribunal (the Tribunal) previously the Administrative Appeals Tribunal or AAT, on 18 July 2024 following a refusal on Internal Review to grant access to the National Disability Insurance Scheme (The NDIS).
2. Ms Filipczyk is currently 32 years of age and seeks access based on impairments from disabilities in the nature of Post Traumatic Stress Disorder, Bi-Polar disorder, depression, Anxiety, ADHD, Autism as well as some significant physical impairments.
3. Ms Filipczyk's matter proceeded up till now before the Tribunal both through the alternate dispute resolution stage before the Registrar and eventually being constituted to a Member to determine on the merits.
4. The matter has had a number of listing case events to prepare the matter for hearing. During this process Ms Filipczyk's sister Ms Elamor Filipczyk has been assisting. The matter was constituted to be heard by the Tribunal on 14 April 2026 following the receipt of Hearing Certificates from the Respondent's Solicitors in November 2025 in conformity with a previous order of the Tribunal. No Hearing Certificates were received from Ms Filipczyk.
5. In early December 2025, the Respondent's Solicitors wrote to the Tribunal noting that there had been no engagement on the hearing date (via Hearing Certificates) from Ms Filipczyk and requested that the matter be listed for hearing at the Tribunal's first available date in the relevant period (April-June 2016). Ms Filipczyk subsequently confirmed that she was ready to take a hearing date in an email of 5 December 2025 but was unsure as to what witnesses if any she would be relying upon at hearing.
6. Following a further request from the Respondent relating to difficulties in contacting the Applicant, the Tribunal determined to list the matter for Directions on 10 February 2026 to ensure that all necessary steps were in place between the parties prior to hearing.
7. At the Directions listing of 10 February 2026, Ms Filipczyk's sister appeared on her behalf. The Directions made by the Registrar on 18 November 2025 were varied to provide more time for Ms Filipczyk to confirm the conditions and impairments which she was seeking access on, to allow for the provision of a statement as to why the Internal Review decision was wrong and for confirmation and receipt of further evidence relied upon if any. The residue of the timetable was adjusted so as a provide for variations to ensure that the Respondent had sufficient time to respond. The hearing date of 14 April 2026 was maintained and this was noted to the parties in the orders which issued on 10 February 2026.
8. Since that listing the Tribunal has followed up further non compliance by the Applicant with her representative. The matter was listed for a non compliance Directions hearing on 18 March 2026. Ms Filipczyk's representative responded to the Listing Notice by email indicating that she had been working and that was why calls were not taken or returned. She also stated that she was unable to attend on 18 March 2026 and had not been able to prepare the material for filing on Ms Filipczyk's behalf. Reference was made to Ms Filipczyk not wishing to continue with her Tribunal matter, and that family members were dealing with medical issues. The representative inquired as to whether the Tribunal process could be suspended.
9. The Tribunal noting the above determined after proceeding ex-parte on 18 March 2026 to list the matter for a brief dismissal hearing and notified the parties accordingly on 18 March 2026. That hearing was listed for 31 March 2026 noting the extremely limited time to have material fairly provided to the parties prior to the remaining hearing date of 14 April 2026.
10. The Tribunal notes that at the dismissal hearing there was no appearance for the Applicant or her representative. The telephone call from the Tribunal was not answered.
11. The Tribunal is satisfied that the Applicant has been duly notified of the listing of this matter. In addition, the Tribunal is satisfied that the Applicant has not complied with the directions made on 18 November 2025 (as amended on 10 February 2026) namely Direction 2 and 4.
12. As such, the matter has not been diligently prepared for hearing in a manner that would ensure fairness to both parties and enable the Tribunal to discharge its statutory objectives under s 9 of the Administrative Review Tribunal Act 2024 (the ART Act) noting that resources have been allocated for this matter to be heard.

Tribunal may dismiss application if applicant fails to comply with order etc.

The Tribunal may dismiss an application made to the Tribunal if the applicant fails to do either of the following within a reasonable time:

(b) comply with this Act or an order of the Tribunal in relation to the proceeding in relation to the application.

1. I am satisfied that the Applicant has failed to proceed with her application to the Tribunal within a reasonable time based on the matters set out above. I am also satisfied that the Applicant has failed to comply with an order of the Tribunal as set out at [11] above.
2. As a result, I make an order under s 100 of the ART Act dismissing the application for administrative review. The hearing date of 14 April 2026 is as a consequence vacated.
3. In making this order I note that should the Applicant reapply for access to the NDIS, and for any reason be unsuccessful in gaining access, subject to sections 99 and 100 of the NDIS Act, it would be open to her to seek administrative review before the Tribunal in such a future application as she may deem fit whilst remaining under the age threshold for entry to the Scheme.