Bates and National Disability Insurance Agency

In *Bates and National Disability Insurance Agency*, the applicant, Mr Bates, sought judicial review of a decision made by the National Disability Insurance Agency (NDIA). The dispute concerned whether the NDIA had made a reviewable decision under the *National Disability Insurance Scheme Act 2013* (Cth) (the NDIS Act) in relation to Mr Bates's application for funding. The matter came before SM K Buxton of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the NDIA had in fact made a decision that was amenable to review under the NDIS Act. Specifically, the Tribunal had to determine if the NDIA's communication to Mr Bates constituted a formal decision or merely an indication of the NDIA's current position or intention, which would not trigger the review rights provided by the legislation.

SM K Buxton reasoned that for a decision to be reviewable under the NDIS Act, it must be a formal decision made by the NDIA in accordance with the Act's provisions. The Tribunal found that the correspondence received by Mr Bates did not amount to a formal decision but rather an informal communication that did not satisfy the statutory requirements for a reviewable decision. Consequently, the Tribunal lacked jurisdiction to entertain the application for review.

The application was dismissed for want of jurisdiction.