Glasshouse Community Supports Pty Ltd and National Disability Insurance Scheme

Glasshouse Community Supports Pty Ltd (the applicant) sought review by the Administrative Appeals Tribunal of a decision by a Payments Officer of the National Disability Insurance Agency (NDIA) to refuse payment of $90,475.24 for nine outstanding invoices for services provided to a participant under the National Disability Insurance Scheme. The NDIA was the respondent.

The primary legal issue before the Tribunal was whether the Payments Officer's decision constituted a "reviewable decision" under section 99 of the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act), or under any rules made pursuant to section 99(2) of the NDIS Act, thereby conferring jurisdiction on the Tribunal to conduct a review. A secondary issue was whether the applicant had followed the necessary internal review process under section 100 of the NDIS Act.

The Tribunal found that neither party could identify any provision within section 99 of the NDIS Act or any associated rules that would classify the Payments Officer's decision as a reviewable decision. Furthermore, the Tribunal noted that the applicant had not requested an internal review of the Payments Officer's decision by an NDIA reviewer under section 100 of the NDIS Act. Consequently, the Tribunal concluded that it lacked the power to review the decision, as no jurisdiction was established under section 103 of the NDIS Act, read in conjunction with section 25 of the Administrative Appeals Tribunal Act 1975 (Cth) and sections 99 and 100 of the NDIS Act.

The application was dismissed under section 42A(4) of the Administrative Appeals Tribunal Act 1975 (Cth) on the basis that the Payments Officer's decision was not a reviewable decision by the Tribunal.