Nganana Incorporated and National Disability Insurance Agency

This matter concerned an application by Nganana Incorporated, a service provider, against the National Disability Insurance Agency. Nganana Incorporated sought review of the Agency's decision to refuse payment for services provided to an NDIS participant. The core of the dispute revolved around whether the Agency's decision to not pay the invoices was a reviewable decision under the *National Disability Insurance Scheme Act 2013* (NDIS Act).

The legal issues before the Tribunal were whether the Agency's decision to refuse payment of Nganana Incorporated's invoices constituted a reviewable decision under section 99 of the NDIS Act, and consequently, whether the Tribunal possessed jurisdiction to hear the application. The Agency also raised the preliminary issue of Nganana Incorporated's standing to bring the application. Nganana Incorporated contended that the dispute was not merely about payment but related to the denial of an "independent review" and decisions preventing negotiations around reasonable and necessary funding.

The Tribunal determined that the decisions in question, specifically the refusal to pay invoices, did not fall within the table of reviewable decisions specified in section 99 of the NDIS Act. The Tribunal noted that none of the items in that table relate to payments to service providers, a point previously confirmed in *Complete Nursing and Home Care*. While Nganana Incorporated argued that the Agency's conduct demonstrated a failure to conduct a plan review or reassessment, the Tribunal observed that the participant's NDIS plan commencing in January 2022 was the result of a section 48 review. The Tribunal concluded that the relevant persons for plan review and reassessment are the participant, their guardian, or nominee, not the service provider.

Consequently, the Tribunal found that it lacked jurisdiction to review the Agency's decision to refuse payment of the invoices. Pursuant to section 42A(4) of the *Administrative Appeals Tribunal Act 1975*, the application for review was dismissed.