DFHV and National Disability Insurance Agency

This matter concerned an application for review by DFHV (the applicant) of a decision by the National Disability Insurance Agency (the Agency). The applicant sought to challenge the Agency's decision to approve a statement of participant supports, specifically a plan that commenced on 29 January 2018. The core dispute revolved around whether this approval constituted an internal review decision that was reviewable by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the approval of the January 29 plan was a decision made under section 100 of the National Disability Insurance Scheme Act 2013 (Cth), and therefore subject to review by the Tribunal. A secondary issue arose concerning the scope of the Tribunal's jurisdiction, specifically whether it was confined to matters explicitly addressed by the internal reviewer if the internal review decision did not encompass all issues raised by the applicant.

The Tribunal found that the Agency's letter of 30 January 2018, which enclosed the January 29 plan, indicated that the plan had been approved following a review. This review was initiated by the applicant's request on 18 January 2018, which detailed specific areas for reconsideration, including community access, short-term accommodation, domestic assistance, and coordination of support. The Tribunal concluded that the approval of the January 29 plan was indeed a decision made under section 100 of the Act, and thus reviewable. The Tribunal also affirmed that its jurisdiction extended to reviewing all matters put before the internal reviewer, even if not all were explicitly addressed in the reviewer's decision.