PRACTICE AND PROCEDURE - National Disability Insurance Scheme - Review of participant supports - death of a participant - whether substantive review can continue before the Tribunal - application dismissed

Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (Cth) Schedule 16, item 24.

Administrative Review Tribunal Act 2024 (Cth) s84

National Disability Insurance Scheme Act 2013 (Cth), s29

V120/00A v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 264

1. This decision was forwarded to me to be completed 'on the papers'.
2. The Applicant, the late Mr David Bell, was a participant of the National Disability Insurance Scheme (the Scheme). The Scheme is administered under the National Disability Insurance Scheme Act 2013 (Cth) (the NDIS Act).
3. On 31 July 2024 a delegate of the Chief Executive Officer (CEO) of the National Disability Insurance Agency (the Agency) made a decision to fund certain reasonable and necessary supports for Mr Bell.
4. Mr Bell, through his support co-ordinator, Mr Adrian Mitchell of My Coast Support, requested an internal review of this decision seeking to have additional supports funded under his plan. On 28 June 2024 another delegate of the CEO affirmed the original decision (the decision under review).
5. On 7 November 2024 Mr Bell, through Mr Mitchell, applied to the Administrative Review Tribunal (the Tribunal) for review of this decision.
6. On 2 September 2025 Mr Mitchell advised the Tribunal and the Agency that Mr Bell had passed away on 30 August 2025.
7. Although I have no formal confirmation of Mr Bell's passing I accept Mr Mitchell's notice, given Mr Mitchell was the driver of Mr Bell's Tribunal application.
8. On 3 September 2025 the Agency requested the Tribunal dismiss the application before it.[1]

1. Section 29 of the NDIS Act provides that a person ceases to be a participant in the Scheme on their death and may not be paid any amounts for supports after they cease to be a participant.
2. Section 46A of the NDIS Act provides that an NDIS amount, being an amount paid in respect of provision of supports under a participant's plan, is absolutely inalienable.
3. In the Federal Court decision of V120/00A v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 264 Kenny J (when considering the impact of the applicant's death on the right to continue a review of a refusal to grant a protection visa) held that when, as here, a statutory entitlement does not pass to another on the applicant's death, then death extinguishes that entitlement.[2]
4. Section 84 of the Administrative Review Tribunal Act 2024 makes provision for the death of an applicant prior to completion of the Tribunal's review. The net result of section 84 is that in a proceeding before the Tribunal for review of a decision (the substantive application), where the relevant applicant dies and there is no-one else who may apply to continue the matter, the Tribunal may dismiss the application.

1. The decision under review in this matter was a decision in relation to a plan of future supports for Mr Bell.
2. With his death Mr Bell's participation in the Scheme is now ended, along with any entitlement to NDIS amounts. There is no other person to whom these supports could pass.
3. There were no outstanding past supports which were in dispute as part of this application.
4. Having regard to section 84(2) I am satisfied that there are no persons who may apply to the Tribunal to continue with the substantive application.

The Tribunal dismisses the substantive application for review under s84(4) Administrative Review Tribunal Act 2024.

[1] Email of Jacqueline Ziesel, Mills Oakley, dated 21 July 2025.