McKiterick and National Disability Insurance Agency

The Administrative Appeals Tribunal considered a dispute between Ms. McKiterick and the National Disability Insurance Agency concerning the Agency's decision of 4 November 2020. The core of the disagreement revolved around whether the Tribunal possessed the jurisdiction to review this particular decision.

The legal issues before the Tribunal were twofold: first, whether it had the authority to review the decision in question, and second, what specific decision constituted the "decision under review." The Tribunal clarified that the procedural correctness of the internal review process was not the primary concern; rather, any procedural defects could be addressed through the merits review if jurisdiction was established.

The Tribunal's reasoning drew upon established legal principles regarding the definition of a "decision" capable of review. It referenced *Director-General of Social Services v Chaney* and *Australian Broadcasting Tribunal v Bond*, which indicate that a reviewable decision is typically one that is final or practically determinative of an issue, rather than an intermediate step in a reasoning process. The Tribunal noted that while the applicant could have sought review of an earlier decision dated 4 August 2020, she instead waited for the completion of the internal review concerning a shed.

Ultimately, the Tribunal was satisfied that it had jurisdiction under section 103 of the *National Disability Insurance Scheme Act 2013* (Cth) to review the National Disability Insurance Agency's decision dated 4 November 2020.