Broadhurst-Hill and National Disability Insurance Agency (Practice and procedure)

[2025] ARTA 610

Broadhurst-Hill and National Disability Insurance Agency (Practice and procedure) [2025] ARTA 610 (7 May 2025)

Applicant/s:  Joanna Broadhurst-Hill

Respondent:  National Disability Insurance Agency

Tribunal Number:                2023/7635

Tribunal:General Member J McAteer   

Place:Sydney

Date:7 May 2025

Date of written reasons:     7 May 2025

Decision:The Tribunal dismisses the application pursuant to s 99 of the Administrative Review Tribunal Act 2024.

.............................[SGD]...........................................

General Member McAteer

Catchwords

NATIONAL DISABILITY INSURANCE SCHEME – National Disability Insurance Agency – applicant failed to appear at a Tribunal case event that relates to a proceeding in relation to an application – the Tribunal is satisfied that the applicant received appropriate notice of the date, time and place of the Tribunal case event – Tribunal dismisses the application.

Legislation

Administrative Review Tribunal Act 2024 (Cth).

Secondary Materials

Statement of Reasons

1. Ms Broadhurst-Hill the Applicant applied for administrative review with the former Tribunal (the Administrative Appeals Tribunal) on 13 October 2023. In that application she sought administrative review of a decision to decline her request that he NDIS Package / Plan be self managed.

2. The application has been listed before the Tribunal on at least nine occasions with five of those occurring in the last six months. In the last six months additional Chamber Directions (not being a Tribunal case event event) have issued.

3. The Tribunal notes that on at least three occasions in the last six months the Applicant has failed to appear.

4. On the last occasion being 15 April 2025 the Applicant did appear. Due to the Applicant’s behaviour during the telephone case management directions hearing it was not possible to proceed in any productive manner. The Tribunal determined at the end of the hearing to adjourn the matter for just over three weeks to today. This was communicated orally on record and by way of written directions issued shortly after the hearing. In addition, a Listing Notice was sent by email to the parties on 30 April 2025.

5. The Tribunal called the Applicant at 11:00am today (on record) prior to calling the Respondent’s representatives. There was no answer from the Applicant.

6. The Tribunal proceeded to outline the history of the matter on record before the Respondent and noted the regular non-appearance of the Applicant at Tribunal case events as well as the lack of any meaningful engagement or progression of the application by the Applicant.

7. The Tribunal called the Applicant again at 11:12am today and again, there was no answer.

8. I am satisfied that the Applicant has failed to appear at a Tribunal case event today.

9. I am also satisfied that the Applicant received appropriate notice of the date, time and place (modality) of the Tribunal case event. I note that the listing notice dated 30 April 2025 was sent by email to the Applicant at 5:03pm on 30 April 2025 to email address: [the Applicant’s email address as notified to the Tribunal].

10. I am further satisfied that prior notice was given on 15 April 2025 in the manner outlined at [4] above. Neither the Respondent or the Tribunal registry have received any further communication from the Applicant since 15 April 2025.

11. As the Applicant has failed to appear at a Tribunal case event, and I am satisfied for the reasons outlined above that the Applicant received appropriate notice of the date, time and place of the Tribunal case event, pursuant to section 99 of the Administrative Review Tribunal Act 2024, the application is dismissed.