NWXW, by his mother and National Disability Insurance Agency

The Administrative Appeals Tribunal considered an application for review lodged by NWXW, by his mother, concerning a decision by the National Disability Insurance Agency (NDIA). The core of the dispute was whether the Tribunal had jurisdiction to hear the application, given that no actual or deemed decision had yet been made by the NDIA under section 100 of the *National Disability Insurance Scheme Act 2013* (Cth).

The primary legal issue before the Tribunal was whether it possessed jurisdiction to entertain the application for review in the absence of a formal decision by the NDIA. This required the Tribunal to determine the scope of its review powers under the *Administrative Appeals Tribunal Act 1975* (Cth) in circumstances where the NDIA had not yet made a decision that would ordinarily trigger a right of review.

The Tribunal reasoned that section 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth) mandates the dismissal of an application for review if the Tribunal is satisfied that no decision has been made by the relevant decision-maker. Applying this provision, the Tribunal found that as no decision, either actual or deemed, had been made by the NDIA, it lacked the necessary jurisdictional basis to proceed with the review. Consequently, the application was dismissed.