QDKN and National Disability Insurance Agency

This matter concerned an application to the Administrative Appeals Tribunal (AAT) by QDKN, acting as the support coordinator for an applicant, seeking review of a National Disability Insurance Agency (NDIA) decision made on 10 November 2023. The NDIA had reassessed the applicant's support needs, resulting in a new NDIS plan. The core dispute revolved around whether the AAT possessed the necessary jurisdiction to review this particular decision.

The AAT was required to determine whether the 10 November 2023 Plan decision was a "reviewable decision" within the meaning of the National Disability Insurance Scheme Act 2013 (NDIS Act) and the Administrative Appeals Tribunal Act 1975 (AAT Act). Specifically, the Tribunal had to ascertain if an internal review decision by a reviewer, as contemplated by section 103 of the NDIS Act, had been made and provided to the applicant, which is a prerequisite for the AAT's jurisdiction. The standing of a support coordinator to make such an application was also implicitly considered in the context of the jurisdictional question.

The Tribunal reasoned that its jurisdiction is strictly statutory and cannot be conferred by the consent of the parties. It noted that section 103 of the NDIS Act permits applications for review of decisions made by a reviewer under section 100(6) of that Act. However, section 99 of the NDIS Act provides an exhaustive list of reviewable decisions, and the Tribunal's jurisdiction is limited to reviewing decisions made by a reviewer. In this instance, the NDIA submitted that no section 100 internal review decision outcome letter regarding the 29 June 2023 Plan decision had been provided to the applicant, and no such internal review decision was filed with the Tribunal in response to its request. Consequently, the Tribunal concluded that the 10 November 2023 Plan decision was not a reviewable decision by the AAT.

Accordingly, the Tribunal dismissed the application for review under section 42A(4) of the AAT Act, finding it lacked jurisdiction.