TQNC and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered an application for review by TQNC (the applicant) concerning two decisions made by the National Disability Insurance Agency (the respondent). The applicant sought review of an internal review decision regarding the approval of a statement of participants support in their NDIS plan. Additionally, the applicant sought review of the respondent's decision not to conduct an unscheduled review of their plan due to a change in circumstances.

The primary legal issue before the Tribunal was whether there was a "reviewable decision" within the meaning of sections 99, 100, and 103 of the *National Disability Insurance Scheme Act 2013* (Cth) in relation to both of the respondent's decisions. Specifically, the Tribunal had to determine if the applicant had validly initiated review proceedings for each decision, including whether the time limits for making an application for review or an extension of time had been met.

The Tribunal reasoned that no application for review had been made to the Tribunal within the prescribed time, nor had an application for an extension of time been sought, in relation to the internal review decision. Furthermore, the Tribunal found that no internal review decision had been made by the respondent concerning the refusal to conduct an unscheduled review. Consequently, the Tribunal concluded that there was no reviewable decision for it to consider.

Accordingly, pursuant to subsection 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth), the Tribunal dismissed the application for review filed on 16 May 2022.