Filardo and National Disability Insurance Agency

The Administrative Appeals Tribunal considered an application concerning the representation of an adult participant in the National Disability Insurance Scheme (NDIS). The applicant, who suffers from mental health conditions, had his father previously appointed as his plan nominee by the National Disability Insurance Agency (NDIA). The NDIA subsequently suspended this appointment, leading to the dispute regarding whether the applicant's father should be permitted to continue representing him in proceedings before the Tribunal. The father sought the inclusion of specialist disability accommodation (SDA) at a specific location within the family home, to be provided by an incorporated association he wholly controlled.

The central legal issue before the Tribunal was whether the applicant's father was able and willing to represent the applicant's best interests, particularly given a potential conflict of interest. The Tribunal was required to determine if the father's continued representation would hinder its ability to conduct the proceedings and fulfil its obligations. This involved assessing the applicant's capacity to make his own decisions, the father's past conduct, and the impact of his proposed representation on the applicant's access to NDIS supports.

The Tribunal found that the father had a conflict of interest, as he proposed the SDA be provided by an entity he controlled, located within the family home. It was not satisfied that the applicant understood the nature of the application or that his father was able and willing to represent his best interests. The Tribunal noted a history of the father obstructing the applicant's involvement in the proceedings and in receiving NDIS supports, including making false representations to the NDIA and the Tribunal regarding the applicant's housing situation. The Tribunal concluded that the applicant was able to make his own decisions with support from his mother and his support team. Consequently, the Tribunal ordered that the father be excluded from representing the applicant with immediate effect.