Alaska Care Pty Ltd and National Disability Insurance Scheme

This matter concerned an application by Alaska Care Pty Ltd for review of a decision made by a Payments Officer of the National Disability Insurance Agency (NDIA). The dispute arose from the Payments Officer's refusal to pay Alaska Care Pty Ltd for four outstanding invoices relating to respite and short-term accommodation services provided to a participant under the National Disability Insurance Scheme (NDIS). The application was heard by K. Parker SM in the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether the Payments Officer's decision constituted a "reviewable decision" under section 99(1) of the *National Disability Insurance Scheme Act 2013* (Cth) or any rules made under section 99(2) of that Act. This question was central to determining whether the Tribunal had jurisdiction to hear the application for review.

The Tribunal reasoned that neither party could identify a provision within section 99(1) or any relevant rules made under section 99(2) that would classify the Payments Officer's decision as reviewable. Consequently, the Tribunal concluded it lacked the power, under section 103 of the NDIS Act read with section 25 of the *Administrative Appeals Tribunal Act 1975* (Cth), to review the decision. The Tribunal also noted that Alaska Care Pty Ltd had not sought an internal review of the Payments Officer's decision by an NDIA "reviewer" under section 100 of the NDIS Act, which would have been a prerequisite for AAT review.

Accordingly, the Tribunal dismissed the application under section 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth) on the basis that the Payments Officer's decision was not a reviewable decision. The Tribunal and the NDIA's lawyer encouraged Alaska Care Pty Ltd to seek legal advice regarding alternative avenues for recovering the outstanding amounts and suggested contacting the NDIA's Payments Team. The Tribunal also advised seeking advice on options for the participant's plan nominee to request additional funding, noting applicable time limits.