First Gen Healthcare Solutions Pty Ltd and National Disability Insurance Agency

First Gen Healthcare Solutions Pty Ltd (First Gen) sought review by the Administrative Appeals Tribunal (AAT) of a decision made by the National Disability Insurance Agency (NDIA) to cancel claims for 57 payments totalling $186,045.31 and to raise a debt for this amount. The NDIA contended that the AAT lacked jurisdiction to review this decision.

The primary legal issue before the AAT was whether the NDIA's decision to cancel payment claims and raise a debt against a service provider constituted a "reviewable decision" under section 99 of the *National Disability Insurance Scheme Act 2013* (Cth) (NDIS Act). If it was not a reviewable decision, the AAT would not have the power to review it.

The AAT reasoned that section 99 of the NDIS Act sets out a specific table of decisions that are considered "reviewable decisions." The Tribunal examined the items listed in section 99(1) and noted that they primarily concerned decisions relating to a person's entitlement to be a participant, the content of a participant's plan, registered providers of supports, decisions by the Chief Executive Officer, plan nominees, and decisions relating to compensation or the writing off or waiving of debts owed to the Agency. The AAT found that none of these items encompassed the NDIA's decision to cancel payment claims and raise a debt against a service provider. Furthermore, neither party could identify any provision under section 99 that covered such a decision, nor could the Tribunal itself identify any such reference.

Consequently, the AAT was satisfied that the NDIA's decision was not a "reviewable decision" under section 99 of the NDIS Act. Therefore, the application for review was dismissed under section 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth) on the basis that the Tribunal lacked jurisdiction to hear the matter.