Australian Dual Diagnosis Recovery Network Inc and National Disability Insurance Agency

The Australian Dual Diagnosis Recovery Network Inc (the Applicant) sought judicial review of a decision by the National Disability Insurance Agency (NDIA) concerning payments for specialist disability accommodation (SDA). The NDIA's decision was described by the Applicant as a refusal to make payments for SDA provided to an NDIS participant at an enrolled dwelling. The Director of the Applicant also resided at the dwelling with other family members, and this individual was the father of the NDIS participant. The matter came before K. Parker M.

The central legal issue before the court was whether the Administrative Appeals Tribunal (AAT) possessed jurisdiction to review the NDIA's decision. Specifically, the court considered whether the NDIA's action constituted a "reviewable decision" under the *National Disability Insurance Scheme Act 2013* (Cth) for which an internal review had been undertaken, as required by section 99 of the Act before an application could be made to the AAT.

The court reasoned that the Applicant had not identified any decision that was a "reviewable decision" under section 99 of the Act, nor had it demonstrated that an internal review of such a decision had occurred. Without an internal review of a reviewable decision, the AAT lacked jurisdiction to entertain the application. Consequently, the application was dismissed.