Brewjo and National Disability Insurance Agency

This matter concerned an application by Ms Brewjo to the Tribunal for review of a decision made by the National Disability Insurance Agency (NDIA). The dispute arose from a request for a review under section 100 of the National Disability Insurance Scheme Act 2013 (NDIS Act) concerning an approved statement of participant supports. The core of the disagreement was whether the section 100 request had been withdrawn or if no decision had been made by the NDIA within the prescribed timeframe.

The Tribunal was required to determine whether it had jurisdiction to hear the application. Specifically, the court needed to ascertain if a valid request for a section 100 review had been made and, if so, whether that request was subsequently withdrawn. The Tribunal also had to consider the legal implications of a withdrawn request on its ability to deem a decision made by the NDIA for the purposes of review.

The Tribunal found that a request for a section 100 review was made on 2 February 2023, following the approval of a new statement of participant supports on 25 January 2023. However, the Tribunal was satisfied, based on the interaction documents provided by the NDIA, that this request was subsequently withdrawn on 20 March 2023. This withdrawal was understood to have occurred in the context of seeking a more expedient resolution for Ms Brewjo's support needs, with an unscheduled plan review being initiated instead. As the section 100 request was withdrawn, the Tribunal concluded that there was no basis to deem a decision made by the NDIA for the purpose of review under section 100.

Consequently, the Tribunal determined that it lacked jurisdiction to review the matter as presented. The application was dismissed pursuant to section 42A(4) of the Administrative Appeals Tribunal Act 1975. The Tribunal noted that a subsequent decision to approve Ms Brewjo's statement of participant supports under section 33(2) on 2 May 2023 was a reviewable decision, and Ms Brewjo had until 1 August 2023 to request an internal review of that decision.