Northern Disability Services Pty Ltd v National Disability Insurance Agency [2024] FCA 892

Federal Court of Australia

Northern Disability Services Pty Ltd v National Disability Insurance Agency [2024] FCA 892 File number(s): VID 736 of 2024

Judgment of: HORAN J

Date of judgment: 9 August 2024

Catchwords: ADMINISTRATIVE LAW – judicial review – application by registered National Disability Insurance Scheme provider pursuant to s 7(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) for an order of review in respect of the respondent's failure to make payments to the applicant under s 45 of the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act) – objection to competency of application – whether a "decision" to make payment under s 45 of the NDIS Act is a decision to which the ADJR Act applies – whether there has been an unreasonable delay by the respondent in making a decision under s 45 – held: a decision under s 45 of the NDIS Act in relation to amounts payable under the NDIS is a reviewable decision under the ADJR Act – objection to competency dismissed – held: there has been an unreasonable delay in making a decision under s 45 of the NDIS Act in respect of each of the payment requests made by the applicant – application granted

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth) National Disability Insurance Scheme Act 2013 (Cth) National Disability Insurance Scheme (Plan Management) Rules 2013 (Cth)

Cases cited: AQM18 v Minister for Immigration and Border Protection (2019) 268 FCR 424 ASP15 v Commonwealth (2016) 248 FCR 372 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 BMF16 v Minister for Immigration and Border Protection [2016] FCA 1530 Cardo-o-matic Pty Ltd v Australian Industrial Research and Development Incentives Board (1986) 15 FCR 482 Century Yuasa Batteries Pty Ltd v Commissioner of Taxation (1997) 73 FCR 528 Comcare v Banerji (2019) 267 CLR 373 Commissioner of Taxation (Cth) v Century Yuasa Batteries Pty Ltd (1998) 82 FCR 288 Golden City Car and Truck Centre Pty Ltd v Deputy Federal Commissioner of Taxation (1999) 56 ALD 177 Griffith University v Tang (2005) 221 CLR 99 Madera v Commissioner of Taxation (2004) 141 FCR 95 McGarrigle v National Disability and Insurance Agency (2017) 252 FCR 121 Oliveira v Attorney-General (Antigua and Barbuda) [2016] UKPC 24 Parker v Vivian [2009] FCA 933 Patrick v Australian Information Commissioner (No 2) [2023] FCA 530 Patrick v Australian Information Commissioner [2024] FCAFC 93 RG Capital Radio Ltd v Australian Broadcasting Authority (2001) 113 FCR 185 Roche Products Pty Limited v National Drugs and Poisons Schedule Committee (2007) 163 FCR 451 Ruddy v Commissioner of Taxation (1998) 82 FCR 337 Thornton v Repatriation Commission (1981) 35 ALR 485 Visa International Services Association v Reserve Bank of Australia (2003) 131 FCR 300 Wei v Minister for Immigration, Local Government and Ethnic Affairs (1991) 29 FCR 455 Aronson, Groves and Weeks, Judicial Review of Administrative Action and Government Liability (17th ed 2022)