YQKZ and National Disability Insurance Agency

[2024] AATA 1302

YQKZ and National Disability Insurance Agency [2024] AATA 1302 (29 May 2024)

Division:NATIONAL DISABILITY INSURANCE SCHEME DIVISION

File Number(s):               2024/1936

Re:YQKZ  

APPLICANT

AndNational Disability Insurance Agency

RESPONDENT

INTERLOCUTORY DECISION

Tribunal:Mr A. Maryniak KC, Member

Date:29 May 2024

Date of Written reasons:        31 May 2024

Place:Melbourne

The Tribunal does not have jurisdiction to hear the application for review.

..............................[SGD]..........................................

Mr A. Maryniak KC, Member

Catchwords

PRACTICE AND PROCEDURE – Jurisdiction – Tribunal does not have jurisdiction – Application dismissed.

Legislation

Administrative Appeals Tribunal Act 1975 (Cth)

National Disability Insurance Scheme Act 2013 (Cth)

REASONS FOR INTERLOCUTORY DECISION

Member A Maryniak KC

31 May 2024

1. The Applicant, by Application for Review dated 22 March 2024, sought review of a decision of the Respondent dated 13 December 2023 (this Application for Review).

2. An interlocutory telephone hearing to determine whether the Tribunal had jurisdiction in respect of this Application for Review was heard and determined on 29 May 2024. The Tribunal determined that it had no jurisdiction to hear this Application for Review.

3. The Applicant has sought written reasons for the interlocutory decision which are set out below.

4. The Tribunal considered the written submissions lodged by the parties and the submissions made during the telephone hearing.

5. As to jurisdiction, the Applicant on 20 December 2023 requested a review of the purported reviewable decision of 13 December 2023 pursuant to section 47A of the National Disability Insurance Scheme Act (2013) (‘NDIS Act’). Prior to the lodgement of this Application for Review on 22 March 2024, that section 47A review had not been completed pursuant to section 100(5) of the NDIS Act. Further, contrary to the submission made on behalf of the Applicant, no deemed decision pursuant to section 47A(5) had occurred within the requisite 21 day period as specified, prior to the date of lodgement of this Application for Review.

6. Hence, pursuant to sections 100(6) and 103 of the NDIS Act and subsection 25(5) of the Administrative Appeals Tribunal Act 1975 (Cth), the Tribunal has no power or jurisdiction to review the 13 December 2023 decision of the Respondent, the subject of this Application for Review

1.       I certify that the preceding 6 [six] paragraphs are a true copy of the reasons for the decision herein of Mr A. Maryniak KC, Member

...............................[SGD]........................................

Associate

Dated: 31 May 2024

Date of hearing	29 May 2024, by telephone
Advocate for the Applicant	Father of YQKZ
Advocate for the Respondent	Mr Jack Bewsher