Connor-Wagura and National Disability Insurance Agency

[2021] AATA 3638

Connor-Wagura and National Disability Insurance Agency [2021] AATA 3638 (13 October 2021)

Division:NATIONAL DISABILITY INSURANCE SCHEME DIVISION

File Number(s):      2021/5355

Re: Robert Connor-Wagura

APPLICANT

AndNational Disability Insurance Agency

RESPONDENT

DECISION

Tribunal:Deputy President J W Constance 

Date:13 October 2021

Place:Sydney

The Tribunal does not have jurisdiction to review the applications for review. The applications are therefore dismissed.

...........................[SGD]................................

Deputy President J W Constance

CATCHWORDS

PRACTICE AND PROCEDURE – JURISDICTION – where Applicant requested Tribunal review of the decision to approve a plan of supports – where Agency has not made an internal review decision – Tribunal does not have jurisdiction

LEGISLATION

Administrative Appeals Tribunal Act 1975 (Cth) s 25

National Disability Insurance Scheme Act 2013 (Cth) ss 99, 100, 103

WRITTEN REASONS FOR DECISION GIVEN ORALLY ON 31 AUGUST 2021

INTRODUCTION

1. On 9 August 2021 Mr Connor-Wagura applied to the Tribunal to review a decision to approve a new plan providing for his support under the National Disability Insurance Scheme Act 2013 (Cth) (the NDIS Act).  For reasons which are not clear, on 13 August 2021 he made a second application for a review of the same decision.

2. At the request of the Respondent Agency, the matter was listed for a hearing on 31 August 2021 to determine whether the Tribunal had jurisdiction to proceed with Mr Connor-Wagura’s application.  Mr Connor-Wagura did not attend at that hearing, despite attempts by the Tribunal to contact him by telephone.

3. As I was satisfied that Mr Connor-Wagura had been given proper notice of the hearing I proceeded in his absence.  At the conclusion of the hearing I determined that the Tribunal did not have jurisdiction to review the Agency’s decision.  I gave my reasons for so doing orally at the same time.

4. At the request of Mr Connor-Wagura I now provide my reasons in writing.

   CHRONOLOGY

5. I am satisfied of the following based on information provided by the Agency:

   oon 23 March 2020 the Agency approved a plan for Mr Connor-Wagura;

   oon 2 August a scheduled plan review meeting was held, attended by Mr Connor-Wagura and a representative of the Agency;

   oon 6 August 2021 the Agency approved a new plan (the 2021 plan) for Mr Connor-Wagura;

   oon 9 August 2021 Mr Connor-Wagura applied to the Tribunal to review the Agency’s decision of 6 August 2021.

   DISCUSSION

6. It is clear from the applications lodged by Mr Connor-Wagura with the Tribunal that he sought the Tribunal’s review of the supports provided in the 2021 plan.

7. The only decisions relating to participant supports under the NDIS Act which can be reviewed by the Tribunal are those made by a reviewer (section 103). A reviewer must review a decision concerning supports when requested to do so by a person affected by the decision, in this case Mr Connor-Wagura (sections 99 and 100).

8. In this matter Mr Connor-Wagura applied to the Tribunal to review the decision relating to the supports contained in the 2021 plan without first requesting a review by a reviewer. As a result, the Tribunal does not have the power to review the Agency’s decision of 6 August 2021 as the Tribunal can only review those decisions that are specified in the NDIS Act.[1]

   [1] Section 25 of the Administrative Appeals Tribunal Act 1975 (Cth).

   CONCLUSION

9. On 31 August 2021 the Tribunal issued the following decision:

   IT IS DECIDED that, for the reasons given orally at the conclusion of the interlocutory hearing in this matter on 31 August 2021, the Tribunal does not have jurisdiction to hear the applications. The applications for review dated 9 August 2021 and 13 August 2021 are dismissed.

I certify that the preceding 9 (nine) paragraphs are a true copy of the reasons for the decision herein of Deputy President J W Constance

.............................[sgd]..................................

Associate

Dated: 13 October 2021

Date of hearing:	31 August 2021
Solicitor for the Respondent:	N Crawford, National Disability Insurance Agency