Haex and National Disability Insurance Agency

This matter concerned an objection by Associate Professor Metzer to a summons issued by the National Disability Insurance Agency (NDIA) Tribunal, requiring the production of psychological records belonging to Mr Peter Haex. The dispute centred on whether these documents, including raw clinical data from psychometric assessments, were relevant to the issues before the Tribunal in its review of Mr Haex's NDIS eligibility. The Tribunal was required to determine the apparent relevance of the requested documents to the issues to be decided in the substantive application.

The Tribunal applied the principles articulated in *Panagiotou*, which distinguish between the relevance required for issuing a summons and the relevance required for actual review of a decision. While the Tribunal must have regard only to material it deems relevant when reviewing a decision, it may issue a summons if the documents can reasonably be expected to "throw some light" on the issues to be decided. The Tribunal considered that the requested records and notes, relating to Mr Haex's psychosocial impairment, were of apparent relevance to the criteria of permanence and reduction in functional capacity under the NDIS Act and Rules.

The Tribunal reasoned that the requested records had a legitimate forensic purpose and were not irrelevant to the substantive review. While acknowledging concerns raised by Associate Professor Metzer regarding the burden and potential delays associated with collating and analysing large quantities of information, the Tribunal found these concerns were outweighed by the factors favouring production. The Tribunal also addressed the issue of "raw clinical data," agreeing with the NDIA's suggestion for its provision in a sealed envelope or password-protected file, with disclosure limited to the Presiding Member. Accordingly, the Tribunal disallowed the objection to the summons and ordered the production of the specified documents, subject to conditions regarding the handling of the raw clinical data.