Filardo and National Disability Insurance Agency

The case involved Vincenzo Filardo, a participant in the National Disability Insurance Scheme (NDIS), and the National Disability Insurance Agency (NDIA). Vincenzo's father, Francesco Filardo, had been appointed as his plan nominee by the NDIA. The dispute centred on Francesco Filardo's request for funding for specialist disability accommodation (SDA) for Vincenzo at premises owned by Francesco and his wife, with the SDA to be provided by an incorporated association founded and controlled by Francesco. The NDIA contended that Francesco had a conflict of interest due to his involvement with the proposed SDA provider. The matter came before the Tribunal for review.

The Tribunal was required to determine several legal issues, including the role and responsibilities of an appointed plan nominee, particularly when the nominee has a potential conflict of interest. It also needed to consider the implications of the NDIA not having yet sought to cancel or suspend Francesco Filardo's appointment as plan nominee, despite the alleged conflict. Furthermore, the Tribunal had to assess the wishes of the applicant, Vincenzo Filardo, and the circumstances surrounding the termination of an agreement between Francesco Filardo and pro bono lawyers and counsel who had previously represented Vincenzo.

In its reasoning, the Tribunal acknowledged Francesco Filardo's significant role in providing daily care to Vincenzo and considered Vincenzo's wishes. It noted that the NDIA had not taken steps to remove Francesco as plan nominee. The Tribunal also took into account the termination of the previous legal representation. Ultimately, the Tribunal decided that Francesco Filardo would continue to represent Vincenzo in the application, and the previously engaged pro bono lawyers and counsel were excluded from further representation.