Northern Disability Services Pty Ltd v National Disability Insurance Agency

Northern Disability Services Pty Ltd brought an application against the National Disability Insurance Agency, seeking an order of review in respect of the Agency's failure to make payments under the National Disability Insurance Scheme Act 2013 (Cth). The applicant argued that the Agency's delay in processing payment requests was unreasonable, impacting its financial stability and ability to provide services. The Agency objected to the competency of the application, contending that the failure to make a payment was not a decision reviewable under the Administrative Decisions (Judicial Review) Act 1977 (Cth). The court had to determine whether a decision to make payment under the National Disability Insurance Scheme Act 2013 (Cth) is a decision to which the Administrative Decisions (Judicial Review) Act 1977 (Cth) applies and whether there had been an unreasonable delay by the Agency in making such decisions.

The court found that a decision under section 45 of the National Disability Insurance Scheme Act 2013 (Cth) regarding amounts payable under the NDIS is a reviewable decision under the Administrative Decisions (Judicial Review) Act 1977 (Cth). The court dismissed the Agency's objection to the competency of the application. It held that there had been an unreasonable delay by the Agency in making decisions under section 45 of the National Disability Insurance Scheme Act 2013 (Cth) in respect of each of the payment requests made by the applicant. The court ordered the Agency to make decisions forthwith on the payment requests and to file and serve an affidavit addressing its compliance with that order by 14 August 2024. The court also ordered the Agency to pay the applicant's costs.