RRSJ and National Disability Insurance Agency

This matter concerned an application by RRSJ (the Applicant) for review of a decision by the National Disability Insurance Agency (the Respondent). The dispute arose from an erroneous withdrawal of the Applicant's request for an internal review of an original decision approving the statement of participant supports in her plan. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether it had jurisdiction to review the matter and whether an extension of time should be granted.

The Tribunal was required to consider whether it possessed jurisdiction to review the decision, particularly in light of the Applicant's request for internal review being withdrawn in error and the subsequent affirmation of the original decision due to a failure to make a decision within the prescribed timeframe. Furthermore, the Tribunal had to assess whether, in the circumstances, it was appropriate to grant the Applicant an extension of time to lodge her application for review.

The Tribunal reasoned that the Applicant's withdrawal of her internal review request on 5 April 2024 was made in error, as she had been incorrectly advised that a section 48 plan reassessment was her only option. As no decision was made by a reviewer within 90 days of the initial request, the original decision was deemed to have been affirmed on 27 May 2024, pursuant to subsection 33(2) of the National Disability Insurance Scheme Act. The Tribunal found this affirmed decision to be a reviewable decision under section 99 of the National Disability Insurance Scheme Act. Applying sections 99 and 103 of the National Disability Insurance Scheme Act and paragraph 25(1)(a) of the Administrative Appeals Tribunal Act 1975 (Cth), the Tribunal concluded it had jurisdiction to review the affirmed decision. The Tribunal was also satisfied that the Applicant had not unduly delayed and that granting an extension of time was appropriate.

The Tribunal made an interlocutory decision finding that it had jurisdiction to review the Respondent's decision dated 27 May 2024 and granted the Applicant an extension of time to proceed with her application for review.