Aiden and National Disability Insurance Agency

This matter concerned an application by an applicant to the Tribunal to review a decision approving a statement of participant supports under the National Disability Insurance Scheme. The applicant contended that additional supports had not been considered in the internal review decision. The National Disability Insurance Agency (the respondent) submitted that the Tribunal's jurisdiction was confined to matters considered during the internal review.

The primary legal issue before the Tribunal was whether its jurisdiction to review a statement of participant supports extended to matters not explicitly considered by the primary decision-maker or during the internal review process. The Tribunal was required to determine the scope of its review powers under the National Disability Insurance Scheme Act.

The Tribunal reasoned that its jurisdiction was not confined as submitted by the respondent and extended to the matters raised by the applicant. It found that the National Disability Insurance Scheme Act does not oblige a participant to present all requested supports to the decision-maker. The Tribunal emphasised the proactive role of the CEO in considering supports, whether as particular items or a package, and noted that the interdependence of various supports often necessitates a holistic consideration. The Tribunal concluded that if the evidence before it leads to a conclusion that the supports should differ from those initially proposed, it is not constrained from undertaking its statutory function.

Accordingly, the Tribunal determined that all supports the applicant sought to have reviewed were properly before it, provided they could have been before the original decision-maker. The Tribunal found that there was no need for the applicant to be heard separately regarding "new supports," as they fell within the Tribunal's jurisdiction.