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Public Trustee of South Australia (as litigation representative for Isherwood) v National Disability Insurance Agency (No 2) [2023] FCA 852

Public Trustee of South Australia (as litigation representative for Isherwood) v National Disability Insurance Agency (No 2) [2023] FCA 852

ADMINISTRATIVE LAW – appeal under s 44 of Administrative Appeals Tribunal Act 1975 (Cth) for judicial review of decision of the Administrative Appeals Tribunal – where the Tribunal affirmed the challenged decisions of the National Disability Insurance Agency – where various grounds alleged – where ground one alleged a failure to afford natural justice – where reports considered by Tribunal after oral hearing without any ability for the applicant to make submissions in relation to them – consideration of materiality when lack of procedural fairness – consideration of meaning of reasonable and necessary support – consideration of decision making process in s 34 of the National Disability Insurance Scheme Act 2013 (Cth) required by the Act – ground one upheld – other grounds dismissed

Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0852

For more information, see the original judgement.


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