Carroll and National Disability Insurance Agency

This matter concerned an application by the National Disability Insurance Agency (NDIA) to dismiss a review application made by the deceased applicant. The applicant had sought a review of a decision made by the NDIA concerning their access to the National Disability Insurance Scheme (NDIS). The central issue before the Tribunal was whether it retained jurisdiction to review the NDIA's decision following the applicant's death.

The Tribunal was required to determine whether the applicant's death extinguished the Tribunal's jurisdiction to continue the review application. This involved considering whether the statutory entitlement that was the subject of the review devolved upon the applicant's death, and if so, whether a legal representative or executor could be substituted as a party to the proceedings. The Tribunal also had to consider the nature of the applicant's request for NDIS access and whether it was a personal right that ceased to exist upon their death.

The Tribunal applied the principles established in *Andreatta and Commissioner of Superannuation* and approved by the Federal Court in *V120/00A v Minister for Immigration and Multicultural and Indigenous Affairs*. These cases establish that if a statutory entitlement does not devolve upon an applicant's death, the entitlement and the power of the decision-maker, including the Tribunal, are extinguished. The Tribunal found that the applicant's entitlement to request access to the NDIS was personal in nature and did not devolve into their estate upon death. This was distinguished from situations involving financial assessments that might impact a deceased estate.

Consequently, the Tribunal concluded that it did not have jurisdiction to consider the review application as the applicant's interests were personal and did not survive their death. Accordingly, the application was dismissed under subsection 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth) on the basis that the decision was not reviewable by the Tribunal.