YKDD and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered the application of YKDD, an NDIS participant, against a decision of the National Disability Insurance Agency (NDIA). YKDD sought review of the NDIA's decision to refuse to approve a new NDIS plan. The core of the dispute concerned whether the NDIA's decision was a "reviewable decision" under the National Disability Insurance Scheme Act 2013 (Cth) and, if so, what the appropriate course of action should be.

The Tribunal was required to determine two primary legal issues. Firstly, it had to ascertain whether the NDIA's refusal to approve a new plan constituted a "decision" that was subject to review by the AAT under the Act. Secondly, if the refusal was a reviewable decision, the Tribunal needed to decide whether to remit the matter back to the NDIA for reconsideration or to substitute its own decision.

Deputy President Hanger QC reasoned that the NDIA's refusal to approve a new plan was indeed a reviewable decision. The Tribunal found that the NDIA had failed to provide adequate reasons for its decision, which was a critical flaw. Applying the principles of administrative law, particularly the requirement for procedural fairness and the need for decisions to be based on proper considerations, the Tribunal concluded that the NDIA's decision could not stand. The Tribunal determined that it was not in a position to substitute its own decision due to the lack of a properly formed decision by the NDIA.

Consequently, the Tribunal made an order remitting the matter back to the NDIA for reconsideration and the preparation of a new decision, with the NDIA to provide adequate reasons for that decision.