NWXW, by his mother and National Disability Insurance Agency

[2024] AATA 1898

NWXW, by his mother and National Disability Insurance Agency [2024] AATA 1898 (21 June 2024)

Administrative Appeals Tribunal

Division:               NATIONAL DISABILITY INSURANCE SCHEME DIVISION

File Number:           2023/9131

Re:NWXW, by his mother.

APPLICANT

AndNational Disability Insurance Agency

RESPONDENT

DECISION

Tribunal:Senior Member K. Parker

Date:21 June 2024

Place:Melbourne

As of 1 December 2023, being the date upon which this application for review of decision (‘Application’) was lodged with the National Disability Insurance Scheme Division of the Administrative Appeals Tribunal, no actual or deemed decision had been made by the Respondent of the National Disability Insurance Agency (‘NDIA’) under s 100 of the National Disability Insurance Scheme Act 2013 (Cth) in relation to the earlier decision by the Respondent to approve a statement of participant supports for NWXW.

Accordingly, the Tribunal dismisses this application under section 42A(4) of the Administrative Appeals Tribunal Act 1975 (Cth) for the reason that there was no reviewable decision in existence as of the date of lodgement of this Application. The Applicant is at liberty to lodge a fresh application for review of decision with the Tribunal with a request for an extension of time to lodge such an application in order to progress this matter. Upon doing so, the extension of time application will be dealt with at first instance.

........................[sgd]...............................

Senior Member K. Parker

CATCHWORDS

NATIONAL DISABILITY INSURANCE SCHEME – jurisdiction – application for review lodged by participant under the National Disability Insurance Scheme (NDIS) – No actual or deemed decision had been made by the Respondent of the National Disability Insurance Agency under s 100 of National Disability Insurance Scheme Act 2013 (Cth) – application dismissed under s 42A(4) of the Administrative Appeals Tribunal Act 1975 (Cth)

LEGISLATION

Administrative Appeals Tribunal Act 1975 (Cth)

National Disability Insurance Scheme Act 2013 (Cth)

I certify that the preceding 3 (three) paragraphs are a true copy of the reasons for the decision herein of K Parker, Senior Member.

......................[SGD]...........................
Associate

Dated: 21 June 2024