RVNL and National Disability Insurance Agency

The National Disability Insurance Agency (NDIA) was the respondent in a matter before the Administrative Appeals Tribunal concerning a review of a participant's plan. The applicant sought review of a decision made by the NDIA.

The central legal issue before the Tribunal was whether it possessed jurisdiction to hear the application for review. This depended on whether an internal review of the NDIA's decision had been completed, as required by the relevant legislative provisions.

The Tribunal determined that it lacked jurisdiction because the internal review process had not been finalised at the time the application for review was lodged. The Deputy President reasoned that without a completed internal review and a decision made by a reviewer under section 100 of the Act, there was no decision amenable to review by the Tribunal under section 103. Consequently, the Tribunal dismissed the application for lack of jurisdiction, noting that the applicant could lodge a fresh application if dissatisfied with the outcome of the expedited internal review. The Tribunal also acknowledged, though outside its purview, the applicant's stated current lack of support and the difficulties this caused, with the NDIA representative undertaking to relay these concerns to the Agency.