Danher and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered an interlocutory application by the National Disability Insurance Agency (NDIA) seeking an order that Mr Danher, the father of the Applicant, not represent the Applicant in proceedings before the Tribunal. The NDIA argued that Mr Danher was in a position of conflict of interest because he sought payment for services to be provided to the Applicant, potentially compromising the review process and the Applicant's ability to present their case.

The Tribunal was required to determine whether it had the power to make such an order and, if so, whether it should exercise that power. The Tribunal noted that section 33(1)(a) of the AAT Act grants it the power to control its procedure, which includes the power to regulate who represents a party. The Tribunal also considered section 39 of the AAT Act, which mandates that every party be given a reasonable opportunity to present their case.

The Tribunal reasoned that while it possessed the power to make the requested order, it would be premature to do so at that stage. The Applicant currently had a solicitor on the record, meaning the application for an order preventing Mr Danher from representing the Applicant lacked immediate utility. Furthermore, the long-term status of a Public Guardian for the Applicant was unresolved. The Tribunal concluded that the greatest risk at that point was the Applicant being unable to progress their matter at all, and therefore, it would be premature to make an order restricting Mr Danher's potential representation.

Accordingly, the Tribunal refused the NDIA's application for an order that Mr Danher not represent the Applicant in the proceedings.