Jones and National Disability Insurance Agency

This matter concerned an application by Ms Jones to the Administrative Appeals Tribunal (AAT) for a review of a decision made by the National Disability Insurance Agency (NDIA). The central dispute revolved around whether the Tribunal retained jurisdiction to review the NDIA's decision following the death of Ms Jones.

The legal issue before the Tribunal was whether the statutory entitlement that was the subject of Ms Jones' review application devolved upon her death, thereby allowing for the continuation of the proceedings by her estate, or if her death extinguished the entitlement and consequently the Tribunal's jurisdiction.

The Tribunal, applying the principles established in *Andreatta* and approved in *V120/00A v Minister for Immigration and Multicultural and Indigenous Affairs*, reasoned that the entitlement to have specific supports funded under the NDIS participant plan was personal to Ms Jones and arose from her individual disabilities. These were not considered "rights" that would devolve to her estate. Therefore, Ms Jones' death extinguished the entitlement and the Tribunal's power to review the decision.

Consequently, the Tribunal found that it no longer had jurisdiction to consider the review application. The application was accordingly dismissed under subsection 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth) on the basis that the decision was not reviewable by the Tribunal.