Section 103 — National Disability Insurance Scheme Act 2013: Applications to the Administrative Review Tribunal

(1) Applications may be made to the Administrative Review Tribunal for review of a decision made by a reviewer under subsection 100(6). (1A) An application under subsection (1) may be made only by, or on behalf of, a person directly affected by the decision. (1B) Sections 266 (decision-maker to give notice of decision and review rights) and 268 (requesting reasons for reviewable decision from decision-maker) of the Administrative Review Tribunal Act 2024 apply only in relation to a person directly affected by the decision. (2) If: (a) an application is made to the Administrative Review Tribunal for review of a decision made by a reviewer under subsection 100(6); and (b) the decision relates to a statement of participant supports in a participant’s plan; and (c) before a decision on the review is made and despite subsection 31(1) of the Administrative Review Tribunal Act 2024: (i) the CEO varies the plan under subsection 47A(1) of this Act and the variation is a change to that statement; or (ii) a new plan for the participant comes into effect under section 37 of this Act; then: (d) if subparagraph (c)(i) applies—the application is also taken to be an application for review of the decision to make the variation covered by that subparagraph; or (e) if subparagraph (c)(ii) applies—the application is also taken to be an application for review of the decision to approve the statement of participant supports in the new plan.