Internal Review of Plans and deemed decisions - NNXF and NDIA [2019] AATA 5552
Key points In NNXF and NDIA [2019] AATA 5552 [opens in new window] the Tribunal decided in a 2-1 split that if an internal review of a plan is not completed by the NDIA "as soon as reasonably practicable", then an applicant can commence proceedings for review by the Tribunal without having to wait for the NDIA to finish its internal review. This is some good news for NDIS participants and their supporters frustrated by long wait times for internal reviews, but given the importance of this issue an appeal of this decision is reasonably likely. Participants who are currently waiting for internal reviews to be completed who feel that the review has taken longer than reasonably practicable should consider applying to the Tribunal to seek review of their plan. However, the question of whether "as soon as reasonably practicable" has elapsed is highly fact-dependent. It may also depend on the NDIA and its resources. Background The applicant has Down syndro...