TJTP and National Disability Insurance Agency

This matter concerned an application by TJTP (the Applicant) for review of a decision made by the National Disability Insurance Agency (NDIA). The Applicant's mother, acting on his behalf, sought review of a decision dated 9 May 2023, which she understood to be the NDIA's refusal to include a requested support program in the Applicant's NDIS plan. The NDIA contended that the Tribunal lacked jurisdiction because no application had been made for a reviewable decision.

The primary legal issue before the Tribunal was whether it had jurisdiction to review the NDIA's decision. This required the Tribunal to determine if the application made by the Applicant's mother was in respect of a "reviewable decision" as defined by the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act), and if so, whether the application was made within the relevant timeframes or if an extension of time should be granted.

The Tribunal considered the chronology of NDIS plan approvals and internal review requests. It noted that the Applicant had three NDIS plans approved between February and June 2023. The Tribunal was satisfied that the application for review, referencing a decision of 9 May 2023, was in fact seeking a review of the NDIS plan approved on 16 March 2023, which had declined a requested support program. The Tribunal concluded that both the 16 March 2023 and 21 June 2023 NDIS plan approvals could be characterised as internal review decisions made by the NDIA under subsection 100(6) of the NDIS Act. Consequently, the Tribunal found it had jurisdiction to review these decisions pursuant to section 103 of the NDIS Act.