CKPN and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered a dispute between CKPN and the National Disability Insurance Agency (NDIA) concerning CKPN's NDIS plan. The core of the disagreement revolved around CKPN's request for specific supports, including funding for support workers, various allied health services, support coordination, and low-cost assistive technology, as well as a change in plan management and plan goals. The NDIA's internal review had upheld its original decision, finding that the requested supports did not meet the "reasonable and necessary" criteria under the NDIS Act and associated rules.

The Tribunal was required to determine which issues arising from CKPN's application for review were within its jurisdiction. Specifically, it needed to ascertain whether the requested supports, including provision of support workers, allied health services, support coordination, and assistive technology, should be funded. Furthermore, the Tribunal had to consider its authority to review decisions relating to plan management and the participant's goals and aspirations.

The Tribunal applied section 25(4) of the Administrative Appeals Tribunal Act 1975 (Cth) to define the scope of the proceeding. It clarified that its review authority under section 100(6) of the NDIS Act is limited to reviewing "reviewable decisions," which in this context meant the decision to approve the Statement of Supports (SOPS) in CKPN's plan. The Tribunal determined that it did not have the jurisdiction to review aspects of the plan such as goals, objectives, and aspirations, as these are distinct from the SOPS. Consequently, the Tribunal ordered that the issues to be decided would be narrowed to exclude any consideration of CKPN's plan goals.