YLLJ and National Disability Insurance Agency

This matter concerned an application for review by YLLJ of a decision made by the National Disability Insurance Agency (NDIA) to approve a statement of supports. The dispute centred on the scope of the Tribunal's jurisdiction when reviewing such decisions, particularly in relation to additional supports that were advanced at the merits review stage. The decision was made by Dr Stewart Fenwick, Senior Member, of the Administrative Appeals Tribunal.

The legal issue before the Tribunal was whether it had jurisdiction to consider supports that were not explicitly requested or identified in the initial decision under review, but which were raised during the merits review process. The Tribunal was required to determine the boundaries of its review powers under the National Disability Insurance Scheme Act, specifically in relation to the "statement of participant supports" and the concept of "reasonable and necessary supports."

The Tribunal reasoned that its jurisdiction in reviewing a decision to approve a statement of participant supports extends to reasonable and necessary supports that were identifiable at the time of the original decision. Drawing on established case law, including *Williamson and National Disability Insurance Agency*, the Tribunal affirmed that it stands in the shoes of the original decision-maker and must address the same statutory question. However, the Tribunal also noted, citing *Shi* and *CPJ16*, that its review is not "at large" and must be connected to the grounds of the decision under review. Supports are to be construed broadly as a practical description of assistance.

The Tribunal concluded that it has jurisdiction in respect of reasonable and necessary supports that were identifiable at the time of the decision under review. Due to the nature of this determination, further submissions from the parties regarding identifiable supports are required, and a directions hearing will be scheduled to manage the future conduct of the application.