Minervini and National Disability Insurance Agency

The Administrative Appeals Tribunal (the Tribunal) considered an application by the Applicant seeking review of a payment decision made by the National Disability Insurance Agency (NDIA) on 17 October 2023. The NDIA's email response indicated that the requested payment for respite supports could not be made as the Applicant's plan budget had been consumed and the Planner Delegate had declined payment. The Applicant subsequently sought review of this payment decision by the Tribunal.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the NDIA's payment decision. This involved determining whether the 17 October 2023 email constituted a "reviewable decision" under the relevant legislation, and whether the Applicant had properly requested an internal review of that decision prior to seeking external review by the Tribunal.

The Tribunal reasoned that the 17 October 2023 email was a response to payment enquiries and did not constitute a decision that was subject to review by the Tribunal. The Tribunal noted that the Applicant had previously sought an internal review of a plan decision made on 6 October 2022, which was confirmed by the NDIA on 3 November 2022. The Tribunal found that the 17 October 2023 communication was not a new decision that could be reviewed, but rather a notification regarding the status of a payment claim in light of existing plan limitations.

Consequently, the Tribunal concluded that it lacked jurisdiction to undertake the requested review. The application was therefore dismissed under subsection 42A(4) of the Administrative Appeals Tribunal Act 1975 (Cth).