Long and National Disability Insurance Agency

This matter concerned an application by the Applicant for review of a decision made by the National Disability Insurance Agency (NDIA). The dispute arose because the NDIA had not made an access decision within the statutory timeframe, resulting in a deemed decision to decline the Applicant's request for access to the NDIS. This deemed decision was automatically subject to internal review.

The primary legal issue before the Tribunal was whether it had jurisdiction to hear the Applicant's appeal. This turned on whether the NDIA had made a valid internal review decision within the prescribed timeframe, or whether the Applicant's application to the Tribunal was premature. The Tribunal was required to determine the characterisation of the NDIA's actions following the deemed decision and whether these actions constituted a completed internal review process.

The Tribunal found that while the NDIA staff member's internal note indicated an intention to overturn the deemed decision and reconsider the access request, this did not amount to a formal internal review decision. The letter sent to the Applicant on 25 July 2024, which declined access and advised of the right to seek internal review, was characterised by the Tribunal as a re-making of the original decision, rather than a decision arising from an internal review. Consequently, as no internal review decision had been made or deemed by the time the Applicant filed their application with the Tribunal, the Tribunal concluded it lacked jurisdiction.