Holland and National Disability Insurance Agency

This matter concerned an application by Ms Holland to the Administrative Appeals Tribunal (AAT) to review a decision of the National Disability Insurance Agency (NDIA) made on 8 July 2020. Ms Holland contended that the NDIA's decision failed to correctly address her reasonable and necessary supports and did not account for the impact of delays and an insufficient NDIS plan on her existing support network. The NDIA argued that while the AAT had jurisdiction to review the statement of participant supports from November 2018, such a review would be futile as this plan had been superseded by later plans and no payments were outstanding.

The primary legal issue before the AAT was whether it possessed jurisdiction to review the NDIA's decision of 8 July 2020, particularly in light of the NDIA's submission that the review was futile due to subsequent plan replacements. The AAT was required to determine if the application was validly made and if the Tribunal had the authority to proceed with the review, notwithstanding the NDIA's jurisdictional objection.

Deputy J W Constance P reasoned that the NDIA's processes were unduly complicated and confusing. The Tribunal found that Ms Holland's request for an internal review of the November 2018 plan was made within the prescribed timeframes, and the NDIA had indeed treated it as such initially. Despite subsequent plan changes and the NDIA's argument of futility, the Tribunal determined that it had jurisdiction to review the decision of 8 July 2020, as advised to Ms Holland in the letter notifying her of that decision. The Tribunal concluded that the NDIA's objection to jurisdiction could not be sustained, and the matter would proceed to a review.