Reviewable decisions and decision‑makers
99 Reviewable decisions and decision‑makers
The following table sets out:
the reviewable decisions under this Act; and
the decision‑maker in respect of each of those decisions.
Reviewable decisions and decision‑makers | |||
|---|---|---|---|
Item | Column 1 Reviewable decision | Column 2 Provision under which the reviewable decision is made | Column 3 Decision‑maker |
1 | a decision that a person does not meet the access criteria | paragraph 20(1)(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 | subsection 30(1) or (5), paragraph 30A(1)(c) or subsection 30A(7) | CEO |
3A | a decision to vary, or not to vary, a notice given under subsection 32BA(1) | subsection 32BA(5) | CEO |
4 | a decision to approve the statement of participant supports in a participant’s plan | subsection 32D(2) or 33(2) | CEO |
4A | a decision to suspend the preparation of a new framework plan for a participant | subparagraph 36(3)(b)(i) | CEO |
5 | a decision not to extend a grace period | paragraph 40(2)(b) | CEO |
6 | a decision to vary a participant’s plan | subsection 47A(1) | CEO |
6A | a decision not to vary a participant’s plan | paragraph 47A(4)(b) or subsection 47A(5) | CEO |
6B | a decision not to vary a participant’s plan | subsection 47A(8) | CEO |
6C | a decision not to conduct a reassessment of a participant’s plan | paragraph 48(3)(c) or subsection 48(4) | CEO |
9 | a decision to refuse to register a person as a registered NDIS provider | section 73E | Commissioner |
10 | a decision to impose conditions to which a person’s registration as a registered NDIS provider is subject | section 73G | Commissioner |
11 | a decision to vary, or refuse to vary, the registration of a registered NDIS provider | section 73L | Commissioner |
12 | a decision to suspend the registration of a registered NDIS provider | section 73N | Commissioner |
13 | a decision to revoke, or not to revoke, the registration of a person as a registered NDIS provider | section 73P | Commissioner |
13A | a decision to refuse to approve a person or body as an approved quality auditor | paragraph 73U(3)(b) | Commissioner |
13B | a decision to specify conditions in an approval given under subsection 73U(1) | subsection 73U(5) | Commissioner |
13C | a decision to vary an approval given under subsection 73U(1) | subsection 73U(6) | Commissioner |
13D | a decision to revoke an approval given under subsection 73U(1) | subsection 73U(8) | Commissioner |
14 | a decision to give a compliance notice to an NDIS provider | section 73ZM | Commissioner |
14A | a decision to vary or revoke a compliance notice | subsection 73ZM(4) | Commissioner |
15 | a decision to make a banning order | section 73ZN | Commissioner |
16 | a decision to vary, or to refuse to vary or revoke, a banning order | section 73ZO | Commissioner |
16A | a decision to make an anti‑promotion order | section 73ZOA | Commissioner |
16B | a decision to vary, or to refuse to vary or revoke, an anti‑promotion order | section 73ZOC | Commissioner |
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 | section 86 | CEO |
21 | a decision to appoint a correspondence nominee | section 87 | 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 | section 104 | 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 | section 111 | 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 | section 116 | CEO |
29 | a decision not to write off a debt | section 190 | CEO |
30 | a decision that the CEO is not required to waive a debt | section 192 | CEO |
31 | a decision not to waive a debt | section 193 | 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 | section 195 | CEO |
The National Disability Insurance Scheme rules may:
provide that a decision made under a specified provision of the rules is a reviewable decision; and
specify the decision‑maker in respect of the reviewable decision.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.