Johnstone and National Disability Insurance Agency

This matter concerned an interlocutory application before the Administrative Appeals Tribunal regarding the National Disability Insurance Scheme. The applicant, Mr Johnstone, sought a review of supports within his NDIS plan. The core of the dispute revolved around the nature of a decision made under section 42D of the relevant legislation, specifically whether such a remittal created a "new plan" or constituted a reconsideration of an existing one.

The primary legal issue before the Tribunal was to determine whether a remittal of the matter for reconsideration under section 42D of the National Disability Insurance Scheme Act 2013 (Cth) resulted in the creation of a new NDIS plan, or if it merely amounted to a reconsideration of the existing decision regarding the Statement of Participant Supports.

The Tribunal reasoned that a remittal under section 42D would not create a new plan. Instead, it would operate as a reconsideration of the existing decision affecting Mr Johnstone’s approved Statement of Participant Supports. The Tribunal was satisfied that this interpretation was consistent with the earlier decision made on 14 July 2022, which followed a previous remittal. The respondent's clear articulation of this intent was accepted by the Tribunal.