Willis and National Disability Insurance Agency

The applicant, Mr Willis, sought judicial review of a decision made by the National Disability Insurance Agency (NDIA). The dispute concerned whether the NDIA had made a reviewable decision that could be considered by the Administrative Appeals Tribunal. The matter came before Deputy President S A Forgie of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the NDIA's failure to make an initial decision regarding Mr Willis's request for a review of his plan constituted a reviewable decision. Specifically, the Tribunal had to determine if the absence of a formal decision by the NDIA, following Mr Willis's request for a review, created a situation where the Tribunal had jurisdiction to intervene.

Deputy President Forgie reasoned that the *National Disability Insurance Scheme Act 2013* (Cth) and the associated Rules contemplate a process where the NDIA first makes an initial decision, which can then be reviewed. The Tribunal's jurisdiction is engaged when there is a decision that is capable of being reviewed. In this instance, the NDIA had not made an initial decision, nor had it formally refused to make one. Consequently, there was no decision that was reviewable by the Tribunal under the relevant legislative framework.

The Tribunal concluded that it lacked jurisdiction to proceed with the application as there was no reviewable decision before it.