CM and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered an application by CM for an order under section 35(4) of the *Administrative Appeals Tribunal Act 1975* (Cth). The application sought directions prohibiting or restricting the disclosure of information to CM. The National Disability Insurance Agency (NDIA) was the respondent in this matter.

The central legal issue before the Tribunal was whether it possessed the power to make directions under section 35(4) of the *Administrative Appeals Tribunal Act 1975* that would prevent the NDIA from disclosing information to an applicant, CM, in circumstances where the NDIA considered that disclosure would be harmful to CM. The Tribunal was required to determine the scope and limitations of its power to issue such restrictive directions.

Deputy President Mischin reasoned that section 35(4) of the *Administrative Appeals Tribunal Act 1975* grants the Tribunal broad powers to make directions regarding the disclosure of information. However, the Tribunal's power to restrict disclosure is not absolute and must be exercised judiciously, considering the overarching principles of procedural fairness and the objects of the National Disability Insurance Scheme. The Tribunal noted that while protecting an applicant from harm is a legitimate concern, this must be balanced against the applicant's right to access information relevant to their case. The Tribunal found that the NDIA had not sufficiently demonstrated that disclosure of the specific information in question would cause harm to CM, nor that less restrictive measures would be inadequate to mitigate any potential harm. Therefore, the Tribunal concluded that it would not make the requested directions prohibiting or restricting disclosure.