Complete Nursing and Home Care Pty Ltd and National Disability Insurance Agency

Complete Nursing and Home Care Pty Ltd (the applicant) sought judicial review of a decision by the National Disability Insurance Agency (the respondent) to refuse payment for services provided to NDIS participants. The applicant had provided nursing and home care services to several NDIS participants, but the funding allocated within their respective NDIS plans was insufficient to cover the full cost of these services. Consequently, the applicant sought payment from the respondent for the outstanding invoices.

The primary legal issue before the Administrative Appeals Tribunal was whether the respondent's decision to refuse payment of the applicant's unpaid invoices was a reviewable decision under the *National Disability Insurance Scheme Act 2013* (Cth) (the NDIS Act). Specifically, the Tribunal had to determine if it possessed the jurisdiction to hear and determine the applicant's application for review, given that the services were rendered when the NDIS plan funding was exhausted.

Deputy President Forgie P reasoned that the NDIS Act establishes a legislative scheme for the approval of plans and the funding of supports. The Act does not contemplate a mechanism for service providers to seek review of a decision to refuse payment for services rendered outside of, or in excess of, the approved plan funding. The Tribunal's jurisdiction is confined to reviewing decisions made under the NDIS Act that are expressly identified as reviewable. As the respondent's decision to refuse payment for services exceeding plan limits did not fall within the scope of reviewable decisions as defined by the NDIS Act, the Tribunal lacked the necessary jurisdiction to entertain the application.

Accordingly, the Tribunal made an order striking out the application for review for want of jurisdiction.