Lupo Consultants Pty Ltd and National Disability Insurance Agency

This matter concerned an application by Lupo Consultants Pty Ltd (Lupo Consultants) against the National Disability Insurance Agency (NDIA). Lupo Consultants sought to have the Administrative Appeals Tribunal (AAT) review a decision by the NDIA regarding the management of an NDIS participant's plan. The core of the dispute involved unpaid services provided by Lupo Consultants to an NDIS participant, Ms 'S', during a period when her plan was managed by the NDIA.

The Tribunal was required to determine whether it had jurisdiction to hear the application. Specifically, the question was whether an email sent by the NDIA to Lupo Consultants on 14 May 2021 constituted a "reviewable decision" for the purposes of the *National Disability Insurance Scheme Act 2013* (Cth) (NDIS Act), and whether an internal review process had been conducted in accordance with section 100 of the Act.

The Tribunal found that the email from the NDIA did not constitute a reviewable decision under section 99 of the NDIS Act. Furthermore, it did not meet the formal requirements of a notice of a reviewable decision as stipulated in subsection 100(1) and subsection 100(1A) of the Act, which mandate written notification to affected persons and include specific statements about review rights. Crucially, the email was not a decision made in accordance with subsection 100(6) of the Act, as it did not confirm, vary, or set aside a reviewable decision.

Consequently, as the email did not qualify as a reviewable decision and no valid internal review had been conducted under section 100 of the NDIS Act, the Tribunal concluded that it lacked jurisdiction to entertain the application. The application was therefore dismissed.