SSLP and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered an application by the National Disability Insurance Agency (NDIA) to dismiss a proceeding brought by SSLP. The NDIA sought dismissal under section 42B(1) of the *Administrative Appeals Tribunal Act 1975* (Cth), arguing that the proceeding lacked utility and that the Tribunal lacked jurisdiction.

The central legal issues before the Tribunal were whether it possessed jurisdiction to hear SSLP's application for review, and whether the proceeding lacked utility, thereby warranting dismissal. This arose because SSLP's National Disability Insurance Scheme (NDIS) statement of participant supports and NDIS plan had been superseded by subsequent documents after the initial decision under review.

The Tribunal reasoned that it retained jurisdiction to hear and decide the application, drawing on the principles established in *Ewin*. The Tribunal was satisfied that the succession of SSLP's NDIS plan and statement of participant supports did not extinguish its jurisdiction, particularly given that a prior remittal under section 42D of the AAT Act had occurred. Consequently, the Tribunal found that the proceeding was not frivolous, vexatious, misconceived, lacking in substance, without reasonable prospect of success, or an abuse of process.

Accordingly, the Tribunal refused the NDIA's application to dismiss the proceeding under section 42B(1) of the AAT Act.