Equity, Prosperity and Dispute Resolution Across Borders
Reviewable decisions and decision-makers
(1) The following table sets out:
(a) the reviewable decisions under this Act; and
(b) the decision-maker in respect of each of those decisions.
Item |
Column 1 |
Column 2 Provision under which the reviewable decision is made |
Column 3 |
1 |
a decision that a person does not meet the access criteria |
paragraph 20(a), subsection 21(3) or paragraph 26(2)(c) |
CEO |
2 |
a decision not to specify a period |
paragraph 26(2)(b) |
CEO |
3 |
a decision to revoke a person's status as a participant |
CEO |
|
4 |
a decision to approve the statement of participant supports in a participant's plan |
subsection 33(2) |
CEO |
5 |
a decision not to extend a grace period |
paragraph 40(2)(b) |
CEO |
6 |
a decision not to reassess a participant's plan |
subsection 48(2) |
CEO |
7 |
a decision to refuse to approve a person or entity as a registered provider of supports |
CEO |
|
8 |
a decision to revoke an instrument approving a person or entity as a registered provider of supports |
CEO |
|
9 |
a decision to refuse to register a person as a registered NDIS provider |
||
10 |
a decision to impose conditions to which a person's registration as a registered NDIS provider is subject |
||
11 |
a decision to vary, or refuse to vary, the registration of a registered NDIS provider |
||
12 |
a decision to suspend the registration of a registered NDIS provider |
||
13 |
a decision to revoke, or not to revoke, the registration of a person as a registered NDIS provider |
||
13A |
a decision to refuse to approve a person or body as an approved quality auditor |
paragraph 73U(3)(b) |
|
13B |
a decision to specify conditions in an approval given under subsection 73U(1) |
subsection 73U(5) |
|
13C |
a decision to vary an approval given under subsection 73U(1) |
subsection 73U(6) |
|
13D |
a decision to revoke an approval given under subsection 73U(1) |
subsection 73U(8) |
|
14 |
a decision to give a compliance notice to an NDIS provider |
||
14A |
a decision to vary or revoke a compliance notice |
subsection 73ZM(4) |
|
15 |
a decision to make a banning order |
||
16 |
a decision to vary, or to refuse to vary or revoke, a banning order |
||
17 |
a decision to make, or not to make, a determination in relation to a person |
paragraph 74(1)(b) |
CEO |
18 |
a decision not to make a determination that subsections 74(1) and (2) do not apply to a child |
paragraph 74(5)(c) |
CEO |
19 |
a decision to make, or not to make, a determination that a person has parental responsibility for a child |
subsection 75(2) or (3) |
CEO |
20 |
a decision to appoint a plan nominee |
CEO |
|
21 |
a decision to appoint a correspondence nominee |
CEO |
|
22 |
a decision to cancel or suspend, or not to cancel or suspend, the appointment of a nominee |
section 89, 90 or 91 |
CEO |
23 |
a decision to give a notice to require a person to take reasonable action to claim or obtain compensation |
CEO |
|
24 |
a decision to refuse to extend a period |
subsection 104(5A) |
CEO |
25 |
a decision to take action to claim or obtain compensation |
paragraph 105(4)(a) |
CEO |
26 |
a decision to take over the conduct of a claim |
paragraph 105(4)(b) |
CEO |
27 |
a decision to give a notice that the CEO proposes to recover an amount |
CEO |
|
28 |
a decision not to treat the whole or part of a compensation payment as not having been fixed by a judgment or settlement |
CEO |
|
29 |
a decision not to write off a debt |
CEO |
|
30 |
a decision that the CEO is not required to waive a debt |
CEO |
|
31 |
a decision not to waive a debt |
CEO |
|
32 |
a decision that the CEO is not required to waive a debt |
subsection 194(3) or (4) |
CEO |
33 |
a decision not to waive a debt |
CEO |
(2) The National Disability Insurance Scheme rules may:
(a) provide that a decision made under a specified provision of the rules is a reviewable decision ; and
(b) specify the decision-maker in respect of the reviewable decision.