Napper; National Disability Insurance Agency and

This matter concerned an application to the Administrative Appeals Tribunal (AAT) by an applicant seeking a review of a decision made by the National Disability Insurance Agency (NDIA). The dispute centred on whether certain disability supports, beyond complete bathroom modifications, were properly put before the NDIA's internal reviewer and, consequently, whether the AAT had jurisdiction to consider them.

The primary legal issue before the Tribunal was to determine the scope of its jurisdiction in reviewing the NDIA's decision. Specifically, the Tribunal had to ascertain whether it possessed the authority to consider claims for supports that may not have been formally presented or considered during the NDIA's internal review process.

The Tribunal reasoned that its jurisdiction was limited to the matters that were the subject of the internal review. Based on the evidence presented, the Tribunal concluded that it lacked jurisdiction to determine the applicant's claim for supports, with the exception of the support for complete bathroom modifications. The Tribunal also noted that any potential defect in its orders could be rectified by making orders under s 26(1)(b) of the AAT Act, provided both parties and the Tribunal consented. Accordingly, the Tribunal made an order requiring the parties to notify it of their consent to such an order within seven days, after which it would make the necessary orders to provide certainty regarding the alteration of the decision under review.