McVeigh and National Disability Insurance Agency

This matter concerned an application for review filed by the Applicant, represented by her power of attorney, against a decision made by the National Disability Insurance Agency (NDIA). The Applicant had been a participant in the NDIS, but her status as a participant ceased under subsection 29(1)(b) of the *National Disability Insurance Scheme Act 2013* (Cth) upon her admission to an aged care facility. The Applicant sought review of this decision, arguing that her circumstances, including a hospitalisation that delayed her entry into aged care, meant she was not receiving necessary supports.

The central legal issue before the Tribunal was whether it possessed jurisdiction to review the NDIA's decision to cease the Applicant's NDIS participation under subsection 29(1)(b) of the Act. The Applicant contended that the decision was reviewable, particularly given she had been advised by the NDIA of a right to internal review and subsequently a right to review by the Tribunal. The NDIA, however, argued that the Tribunal lacked jurisdiction because the decision made under subsection 29(1)(b) was not a reviewable decision under the relevant provisions of the NDIS Act.

The Tribunal determined that there were no Rules providing that a decision made under subsection 29(1) of the NDIS Act is a reviewable decision. While acknowledging the Applicant's understandable pursuit of review based on the advice received, the Tribunal emphasised that it could not overlook the strict jurisdictional requirements. The Tribunal found no evidence that the NDIA had made a reviewable decision under subsections 99(1) or (2) of the NDIS Act, nor a decision under subsection 100(6) of the Act, which would entitle the Applicant to a review by the Tribunal.

Consequently, the Tribunal concluded that it had no power of review in this matter. The Applicant's application for review was dismissed.