Tribunal: Deputy President F Meagher
The Administrative Appeals Tribunal (AAT) dismissed an application for review as it was satisfied the decision made by National Disability Insurance Agency (the Agency) is not reviewable by the Tribunal within the meaning the National Disability Insurance Scheme Act 2013 (the Act).
The applicant had been approved to participate in the NDIS in 2019 and had appointed her sister as her plan nominee. In 2020, the applicant’s sister advised the Agency that the applicant was now residing in a residential aged care facility. The Agency wrote to the applicant to note the change in her residential status and also confirmed that her status as a participant under the NDIS had ceased under the Act, as she had entered an aged care facility after turning 65 years old.
Later that same year, the applicant lodged a request to the AAT for review of the decision to revoke her status as a participant of the NDIS. When reviewing the decision, the AAT considered if it had jurisdiction to hear an application made by the Applicant who had ceased to be a participant in the National Disability Insurance Scheme (the NDIS). During this review, the Agency submitted that the Tribunal does not have jurisdiction to review the decision because a decision is not reviewable when a person ceases to be a participant in the NDIS.
Having considered all of the submissions and evidence presented, and noting the requirements regarding jurisdiction, the AAT found that there is nothing before it to suggest that the Agency had made a reviewable decision. The applicant, thereby, did not have an entitlement to a review of that decision and the Tribunal did not have the power of review.
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