Dewar and National Disability Insurance Agency

This matter concerned an application by Mr Dewar for review of a decision by the National Disability Insurance Agency (NDIA) to refuse him access to the National Disability Insurance Scheme. The NDIA's original decision was based on the assessment that Mr Dewar did not meet the disability or early intervention requirements under the *National Disability Insurance Scheme Act 2013* (Cth), despite meeting the age and residency criteria. Mr Dewar sought review of this decision in the Administrative Appeals Tribunal (AAT).

The primary legal issue before the AAT was whether Mr Dewar met the disability requirements under section 24 of the NDIS Act, which necessitate a permanent impairment resulting in substantially reduced functional capacity in key areas and affecting social or economic participation, and a likely lifelong need for support. A secondary issue arose when, following a remittal of the decision to the NDIA for reconsideration, the NDIA determined that Mr Dewar did, in fact, meet the access criteria and granted him access to the scheme. The AAT then had to consider Mr Dewar's subsequent application to proceed with the review of this new, favourable decision.

The AAT, constituted by Joanne Collins SM, applied section 42D of the *Administrative Appeals Tribunal Act 1975* (Cth), which allows the Tribunal to remit a decision to the original decision-maker for reconsideration. The NDIA, having reconsidered Mr Dewar's application pursuant to this remittal, set aside its original decision and made a new decision granting Mr Dewar access to the NDIS. The Tribunal noted that while section 42D(4) of the AAT Act permits an applicant to proceed with a review of a new decision made after remittal, it found Mr Dewar's continued pursuit of the review in this instance to be misconceived, lacking reasonable prospects of success, and an abuse of the Tribunal process, given that the substantive issue had been resolved in his favour.

Consequently, the Tribunal dismissed Mr Dewar's application.