Barnes and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered an application by Mr. Barnes seeking review of an access decision made by the National Disability Insurance Agency (NDIA) on 13 August 2015. Mr. Barnes also sought an extension of time to lodge this application for review. The NDIA's decision had refused Mr. Barnes's access to the NDIS on the grounds that he did not reside within the trial site, despite Mr. Barnes asserting he met the access requirements.

The Tribunal was required to determine two primary issues: first, whether the NDIA's decision of 13 August 2015 was a reviewable decision within the meaning of the National Disability Insurance Scheme Act 2013 (NDIS Act) and the Administrative Appeals Tribunal Act 1975 (AAT Act); and second, if it was reviewable, whether Mr. Barnes should be granted an extension of time to seek that review. The Tribunal's jurisdiction is confined to the powers granted by the relevant legislation, meaning it can only review decisions explicitly provided for by an enactment.

The Tribunal reasoned that its jurisdiction to review decisions is established by specific provisions within the AAT Act and the NDIS Act. Section 103 of the NDIS Act, as it stood at the time of the NDIA's decision, stipulated that applications could be made to the AAT for review of decisions made by a reviewer under subsection 100(6) of the NDIS Act. The Tribunal noted that Mr. Barnes's application was for a review of an access decision made by a delegate of the NDIA, which was refused on 13 August 2015. However, the Tribunal found that the decision of 13 August 2015 was not a decision made by a reviewer under subsection 100(6) of the NDIS Act, and therefore, it was not a reviewable decision under section 103 of the NDIS Act.

Consequently, the Tribunal concluded that it lacked jurisdiction to review the NDIA's decision of 13 August 2015. As there was no reviewable decision before it, the application for an extension of time was dismissed.