Can I withdraw an application?
Yes, you can withdraw an application at any time before a decision is made if you are the applicant. There is no cost to withdraw an application.
You must withdraw in writing. You can use the Notification of withdrawal form or you can send us an email or a letter.
What happens after the review is withdrawn?
We will send you a confirmation letter that your application has been dismissed and your file has been closed.
The decision made by the National Disability Insurance Agency (NDIA) that was under review does not change.
Coming to an agreement
You and the National Disability Insurance Agency (the NDIA) can come to an agreement about the decision at any time during the review. The terms of the agreement are usually prepared by the NDIA, signed by all parties and sent to us.
We can make a decision based on the agreement if:
- the terms of the agreement are consistent with a decision the AAT can make; and
- we think it is appropriate to make the decision.
This is called a consent decision.
If the agreement was reached at a case conference or other alternative dispute resolution (ADR) process, we will not make a decision for 7 days after we receive the agreement. You and the NDIA can withdraw from the agreement during this time. In any other case, we can make a decision immediately.
When can we dismiss an application?
We can dismiss an application if all parties agree or you withdraw your application.
If you are the applicant and you do not appear at a case conference, other type of ADR process, directions hearing, or hearing, we might dismiss the application.
We might also dismiss an application if:
- the decision is not something that we can review
- you are the applicant and fail to proceed with the application
- you are the applicant and fail to comply with a direction made by us
- the application is frivolous, vexatious, misconceived or lacking in substance
- the application has no reasonable prospect of success
- the application is otherwise an abuse of our process.
What happens if the AAT cannot review the decision made by the NDIA?
Sometimes we cannot review a decision made by the NDIA. If this happens, we will write to you and give you some time to tell us why you think we can review the decision.
If you do not reply to our letter or cannot give us a reason that lets us review the decision, we may have to dismiss your application, in other words, not continue with the review.
Sometimes a hearing is held by an AAT Member who will decide if the decision can be reviewed.
If we dismiss your application this means that we will not take any further action and the NDIA’s decision will not be changed.
What happens after the application is dismissed?
We will tell you why we have dismissed the application. We will also tell the NDIA.
The decision made by the NDIA will not be changed.
Reinstatement of an application
If the application is dismissed because you did not attend a case conference, other ADR process, directions hearing or hearing, you can ask us to reinstate the application.
We can also reinstate the application if it was dismissed in error.
How do I ask for reinstatement?
You must write to us and ask us to reinstate the application within 28 days after you were notified that the application was dismissed.
You must tell us why the application should be reinstated or why the application was dismissed in error. You should include any documents which support what you are telling us.
If:
- the application was dismissed because you did not attend a conference, other ADR process, directions hearing or hearing, and
- you ask us to reinstate the application more than 28 days after you were notified that the application was dismissed,
you must also ask us for an extension of time and explain why we should give you extra time.
What happens after we receive your request?
We will decide whether the application will be reinstated. We might hold an interlocutory hearing or directions hearing before deciding this.
If we decide to reinstate the application, we will write to you and tell you what happens next.
If we decide not to reinstate the application, we will tell you in writing. The decision under review remains unchanged and we cannot review the decision.
If you think our decision is wrong, you can appeal to the Federal Court, but only on a question of law. An appeal to the Federal Court must be made within 28 days after receiving our decision.