MSZN and National Disability Insurance Agency

This matter concerned an application by MSZN to the Administrative Appeals Tribunal (the Tribunal) for a review of a decision made by the National Disability Insurance Agency (NDIA) regarding a statement of participant supports. The dispute arose from the NDIA's internal review decision, which confirmed the reasonable and necessary supports previously provided in MSZN's plan. MSZN contended that additional supports had not been considered in the internal review process.

The primary legal issue before the Tribunal was its jurisdiction to consider matters that were not explicitly raised or specified by the applicant during the internal review process. This question of jurisdiction was particularly relevant given a prior decision of the Tribunal in *QDKH No. 2*, which had suggested that the Tribunal's jurisdiction was confined to supports specifically raised in the internal review.

The Tribunal, applying the principles established in the Full Federal Court's decision in *QDKH No. 2*, determined that its jurisdiction was not limited to only those supports explicitly put before the internal reviewer. The Court had held that the Tribunal stands in the shoes of the internal reviewer and must determine for itself the decision that should be made. Crucially, the Court found no indication in the National Disability Insurance Scheme Act 2013 (Cth) that an internal reviewer, or by extension the Tribunal, is constrained to considering only supports previously identified by the participant. The Court emphasised that a participant need only request a review, without being obliged to specify particular supports sought at that stage, or even before the NDIA's initial decision-maker. This interpretation was considered to better serve the beneficial purpose of the NDIS Act, promoting participant choice and control, and acknowledging that participants may lack the capacity to identify all desired supports.

Consequently, the Tribunal concluded that it possessed jurisdiction to consider the additional supports raised by MSZN. The matter was remitted for determination according to law, with the Tribunal having the power to review the decision of the internal reviewer and make its own determination on the appropriate statement of participant supports.