PLDW and National Disability Insurance Agency

This matter concerned an application by PLDW for review of a decision made by the National Disability Insurance Agency (NDIA) regarding funding for a home lift. The dispute arose because the NDIA initially contended that no decision had been made under section 100(6) of the *National Disability Insurance Scheme Act 2013* (Cth) in relation to the home lift request, as the request for an internal review had allegedly been merged with a broader plan review process. The Administrative Appeals Tribunal (AAT) was required to determine whether it had the power to review the NDIA's decision, specifically whether the decision communicated to PLDW's mother on 17 January 2023 constituted an internal review decision made under section 100(6) of the NDIS Act.

The Tribunal reasoned that the NDIA's communication on 17 January 2023, which declined funding for the home lift and was subsequently detailed in a letter dated 25 January 2023, was indeed an internal review decision made under section 100(6) of the NDIS Act. This conclusion was reached in response to PLDW's mother's internal review request lodged on 15 November 2022. The Tribunal found that the NDIA's legal representative conceded that it was open to the Tribunal to make such a finding. Consequently, the Tribunal was satisfied that the decision was reviewable and that it possessed the power to conduct the review under section 103 of the NDIS Act, read in conjunction with section 25(1) of the *Administrative Appeals Tribunal Act 1975* (Cth).

The Tribunal ordered that the application would not be dismissed under section 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth) and would proceed in the usual manner.