Al Sadek and National Disability Insurance Agency

This matter concerned an application for review of a decision made by the National Disability Insurance Agency. The applicant's mother sought to represent the applicant in the proceedings before the Tribunal.

The primary legal issues before the Tribunal were whether the applicant's mother had the authority to represent the applicant and whether the applicant had the capacity and competency to conduct the proceedings herself.

The Tribunal noted a complete lack of evidence from the applicant herself regarding her capacity or competency. While the applicant's mother provided some documentation relating to an application before the Guardianship Division, the Tribunal found this to be of little evidentiary value in the current proceedings without a decision from that division supporting her claims. Consequently, the Tribunal removed the applicant's mother as the representative, as she had failed to establish her authority. The applicant was granted a period to decide whether she wished to proceed with the review application and to notify the Tribunal and the respondent in writing, with her decision to be certified by a medical practitioner attesting to her capacity.