Shanney and National Disability Insurance Agency

The Administrative Appeals Tribunal considered the jurisdiction to review a new plan approved by the National Disability Insurance Agency (NDIA) in the matter of Shanney and the National Disability Insurance Agency. The applicant sought a review of a decision, and during that review process, the NDIA approved a new plan. The central dispute concerned whether the Tribunal had the power to review this subsequently approved plan as part of the existing application for review.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to review the new plan approved by the NDIA on 22 February 2022, in circumstances where the application for review was filed on 7 September 2021. The Tribunal was required to determine if the approval of a new plan during the pendency of a review application altered the scope of its review powers.

The Tribunal was satisfied that it had jurisdiction to review the new plan. In reaching this conclusion, the Tribunal carefully considered the applicant's written submissions and drew upon previous decisions of the Tribunal, specifically referencing the reasoning in *SSLP* and *Holland*. These prior decisions, dealing with similar circumstances, informed the Tribunal's satisfaction that it could review the plan approved on 22 February 2022 as part of the application filed on 7 September 2021. The Tribunal therefore decided that it had jurisdiction to review the statement of participant supports approved by the NDIA on 22 February 2022.