Decision: The Tribunal has jurisdiction to determine the application lodged by Ms Serrurier on 27 August 2025 by operation of sections 12 and 16 of the Administrative Review Tribunal Act 2024.

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NATIONAL DISABILTY INSURANCE AGENCY - practice and procedure - application for review of a decision - Tribunal's jurisdiction - prescribed statutory timeframe for internal review decision to be made - deemed decision is a reviewable decision

Administrative Review Tribunal Act 2024 (Cth)

1. On 27 August 2025 Ms Serrurier lodged an application with the Administrative Review Tribunal for review of a decision made by the CEO of the National Disability Insurance Agency (Agency) on 3 April 2025 to refuse her application for access to the National Disability Insurance Scheme (scheme).
2. This matter was listed before me to determine whether there is a reviewable decision and whether the Tribunal had jurisdiction to hear and determine the application.
3. For the reasons outlined below, I am satisfied that the Tribunal does have jurisdiction to determine the decision made by the Agency to refuse Ms Serrurier's access to the scheme.

1. As outlined above on 3 April 2025 the Agency notified Ms Serrurier that her application for access to the scheme was unsuccessful.
2. On 7 May 2025 Ms Serrurier requested an internal review of that decision.
3. The Agency does not dispute that despite the review request lodged, no internal review decision was made as at the date of Ms Serrurier's application to this Tribunal nor had it been made on or before the day this matter came before the Tribunal.

1. The legislation relevant to this application is the National Disability Insurance Act 2013 (NDIS Act) and the Administrative Review Tribunal Act 2024 (ART Act).
2. Section 99 of the NDIS Act sets out what are reviewable decisions and the relevant decision-makers for those decisions. This includes at Item 1 a decision that a person does not meet the access criteria.
3. Subsection 100(1) of the NDIS Act states that a decision-maker of a reviewable decision must give notice of the decision. Subsection 100(2) states that a person affected by that decision can request that the decision-maker review that decision within three months of receiving the notice. Subsection 100(6) states that that the reviewer must make a decision to either confirm, vary or set aside the reviewable decision. Subparagraph 100(6A)(b)(i) states that the reviewer must make the decision under subsection 100(6) within a period of 90 days beginning on the day the request is received.
4. Section 103 of the NDIS Act permits applications to be made to this Tribunal for review of a decision made by a reviewer under subsection 100(6).
5. Section 12 of the ART Act states that a decision is a reviewable decision if an Act provides for an application to be made to the Tribunal for review of the decision.
6. Section 16 of the ART Act states that if there is a reviewable decision (a decision 'not to do a thing') and an Act provides for a quantified period within which the person is required to make that decision ('to do the thing'), and the person does not make that decision ('does not do the thing'), the person is taken to have made a decision at the end of the quantified period 'not to do the thing'.

1. It is not in dispute that Ms Serrurier lodged an application for review of the decision to refuse her access to the scheme within the requisite time period permitted. It is also not in dispute that the Agency did not undertake this review within the 90 day period that it was required to, pursuant to subsection 100(6A) of the Act. I find accordingly.
2. Application of section 16 of the ART Act to these facts results in a deemed decision having been made by the Agency, by way of confirming the original decision.
3. This deemed decision is a reviewable decision under the ART Act by operation of section 12.
4. It follows that I am satisfied that the Tribunal does have jurisdiction to review the decision made by the Agency to reject Ms Serrurier's access application.