Mizzi and National Disability Insurance Agency

This matter concerned an application by Mr Mizzi for review of a decision by the National Disability Insurance Agency (NDIA). The Administrative Appeals Tribunal (AAT) was required to determine whether it had jurisdiction to review the decision, given that Mr Mizzi had not first sought an internal review of the NDIA's decision.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear Mr Mizzi's application for review. This question hinged on whether Mr Mizzi had satisfied the prerequisite of requesting an internal review of the NDIA's decision, as stipulated by the relevant Commonwealth law, specifically the National Disability Insurance Scheme Act. The Tribunal needed to ascertain if a reviewable decision had been made by the NDIA and if Mr Mizzi had formally requested a review of that decision.

The Tribunal reasoned that its jurisdiction to review decisions under the National Disability Insurance Scheme Act is contingent upon a party first exhausting internal review mechanisms. The evidence presented indicated that Mr Mizzi had not lodged a request for an internal review of the NDIA's decision made on 15 January 2024, which replicated his prior funding, including 12 days for short-term accommodation. The NDIA had advised Mr Mizzi that he had until 15 April 2024 to request such a review. As no internal review had been sought, the Tribunal concluded it lacked the jurisdiction to proceed with Mr Mizzi's application.

Consequently, the Tribunal dismissed Mr Mizzi's application for review for want of jurisdiction.