QMCT and National Disability Insurance Agency

The Administrative Appeals Tribunal considered a dispute between QMCT, the applicant, and the National Disability Insurance Agency (NDIA). The applicant sought a review of the NDIA's decision not to include certain requested supports in their statement of participant supports. The core of the dispute concerned whether the applicant had requested a plan review or an internal review, and consequently, the scope of the Tribunal's jurisdiction.

The legal issue before the Tribunal was whether it had jurisdiction to review the decision regarding the reasonable and necessary supports to be included in the applicant's statement of participant supports, or if its jurisdiction was limited to reviewing the NDIA's decision not to conduct an unscheduled plan review. The NDIA argued that the Tribunal could only review the decision not to review the plan, not the substantive decision about the supports themselves.

The Tribunal rejected the NDIA's argument. It reasoned that the nature of the decision itself, rather than the form used or the NDIA's characterisation of its actions, determined the Tribunal's jurisdiction. The Tribunal noted that the applicant had completed a "Plan Review Request Form" and indicated a desire for an "Unscheduled Plan Review," which the Act defines as a process for re-assessing support needs and preparing a new plan. The Tribunal found that the NDIA's decision to issue a new plan without the requested supports constituted a decision about the reasonable and necessary supports to be included, which was a reviewable decision under section 99(1) item 4 of the relevant Act. The Tribunal emphasised that the Act is beneficial legislation and should be interpreted to avoid a cumbersome and unintended multi-stage review process.