QZCD and National Disability Insurance Agency

This matter concerned an application for review by the father of a child participant in the National Disability Insurance Scheme (NDIS). The father sought recognition as the child's representative, asserting parental responsibility. The National Disability Insurance Agency (NDIA) acknowledged the father's parental responsibility but had not formally "enabled" him to undertake actions permitted or required under the NDIS Act, instead granting exclusive access to the child's myplace portal to the mother.

The core legal issues before the Tribunal were whether the NDIA's conduct constituted a decision not to make a determination under s 75(3) of the NDIS Act that the father had parental responsibility for the child, and alternatively, whether the NDIA had made a decision under s 74(1)(b) of the NDIS Act to determine that it was appropriate for the mother, and not the father, to exercise the child's NDIS rights.

The Tribunal concluded that it lacked jurisdiction to hear the application for review. It found that the NDIA's actions did not amount to a reviewable decision under Items 17 or 19 of s 99 of the NDIS Act, nor an internal review decision of a reviewable decision under s 100 of the NDIS Act. Consequently, the Tribunal held that it had no jurisdiction in relation to the father's application. The Tribunal did, however, make a non-binding observation that the NDIA should facilitate the father's exercise of his rights under s 74(1)(a) of the NDIS Act, or if it considered this inappropriate, it should consider exercising its discretion under s 75(3) or s 74(1)(b) to enable the father to seek a merits review of any determination. The Tribunal suggested the father might explore other avenues, such as a complaint to the Commonwealth Ombudsman or seeking advice regarding rights under s 7(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth).