NDIS: Reviewable decisions

Burston v National Disability Insurance Agency [2014] AATA 456, a decision from earlier this week, saw the AAT called upon to determine whether a particular decision of the NDIA was reviewable.

The decision in question related to an application for one on one support on weekends.

Section 99 of the relevant legislation specifies those decisions of the Agency, 26 in all, that are reviewable: (see [10]) After internal review an NDIS participant can ask the AAT to review that internal reviewer decision: (section 103, see [12]).

The Tribunal found that, paraphrasing, because of some technical deficiencies in the internal review process, it did not have power to review the relevant decision.

The concluding remarks at [24] are of interest:

  1. None of what I have said should be taken to be criticism of the Planner. The legislation is new. It refers to different kinds of reviews. It is not surprising, especially in the early days, if there is some confusion on the part of participants and Planners. What this underlines is the importance of making as clear as possible to participants what kinds of reviews are available, clarifying what kind of review a participant is seeking, whether a review because circumstances have changed or because the participant is dissatisfied with the plan, and the implications of the different kinds of reviews. 

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