13Homecare and National Disability Insurance Agency

The applicant, 13Homecare, a registered NDIS provider, sought judicial review of a decision made by the National Disability Insurance Agency (NDIA). The dispute concerned unpaid invoices for services provided to an NDIS participant who has since passed away. The applicant had not obtained an applicable internal review decision from the NDIA prior to filing its application for review.

The primary legal issue before the court was whether the application for review was validly made, given the absence of an internal review decision. Specifically, the court had to consider the requirements for initiating a review of an NDIA decision under the relevant legislative framework.

The court determined that section 42A(4) of the *National Disability Insurance Scheme Act 2013* (Cth) requires an applicant to have first sought an internal review of the NDIA's decision before commencing a review in the Administrative Appeals Tribunal. As 13Homecare had not satisfied this prerequisite, its application was deemed to be invalid. The court applied the principle that statutory preconditions for jurisdiction must be met.

Consequently, the application for review was dismissed.