GMVX and National Disability Insurance Agency

This matter concerned an application by GMVX, a child participant in the National Disability Insurance Scheme (NDIS), represented by their mother, M. The dispute arose from the NDIS plan for GMVX, with the mother expressing inability to identify requested supports and seeking various procedural interventions. The decision was made by K. Parker M of the Administrative Appeals Tribunal (AAT).

The Tribunal was required to determine three primary requests made by M on behalf of GMVX: firstly, whether to issue a summons for documents from the Victorian Department of Families, Fairness and Housing; secondly, whether to invite the Australian Human Rights Commission (AHRC) to intervene in the proceeding; and thirdly, whether it was open to the Tribunal to make a declaration under section 28(5) of the *Administrative Appeals Tribunal Act 1975* (Cth). Additionally, the Tribunal needed to address significant procedural difficulties that had impeded the progress of the application since its lodgement.

The Tribunal refused the request for a summons, finding that the documents sought could not reasonably be expected to shed light on the issues in the substantive proceeding. Similarly, the request to invite the AHRC to intervene was not granted. The Tribunal also determined that it was not open to it to make a declaration under section 28(5) of the AAT Act. To overcome the procedural impasse, the Tribunal made orders under section 25(4A) of the AAT Act, limiting the scope of the review to how NDIS funded supports are to be managed, whether transport funding constitutes a "reasonable and necessary support," and if so, to determine its quantum. Procedural directions were issued to timetable the substantive hearing for March 2022 and to address the involvement of GMVX's primary carer/father.