Hair and National Disability Insurance Agency (Practice and procedure)

[2025] ARTA 1702

Hair and National Disability Insurance Agency (Practice and procedure) [2025] ARTA 1702 (4 September 2025)

Decision and
Reasons for Decision

Applicant/s:  Kerrie-Ann Hair

Respondent:  National Disability Insurance Agency

Tribunal Number:                2024/6532

Tribunal:General Member Gooch  

Place:  Adelaide 

Date:4 September 2025   

Decision: The Tribunal dismisses the application undersection 99 of the Administrative Review Tribunal Act 2024(Cth).

Statement made on 04 September 2025 at 3:32pm

Catchwords

NDIS – access - failure to appear – application dismissed unders 99Administrative Review Tribunal Act 2024 (Cth)

Legislation

Administrative Review Tribunal Act 2024 (Cth)

National Disability Insurance Scheme Act 2013(Cth)

Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024

Statement of Reasons

APPLICATION

1. This is an application for a review of a decision made by a delegate of the CEO on 21 August 2024 (the decision under review) under s100 of the National Disability Insurance Scheme Act 2013(Cth) (NDIS Act). The decision under review affirmed an original decision made on 5 April 2024 to approve a statement of participant supports.

2. On 30 August 2024 the Applicant lodged an application for review with the Administrative Appeals Tribunal (AAT).

3. On 14 October 2024, the AAT became the Administrative Review Tribunal (Tribunal). Under the transitional provisions in the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024(Transitional Act), applications for review to the AAT that were not finalised before 14 October 2024 are taken to be an application for review to the Tribunal. The Transitional Act gives the Tribunal the authority to continue and finalise any aspect of the review not already completed by the AAT.

PROCEDURAL HISTORY

5. On 31 October 2024 the applicant’s support co-ordinator emailed the Tribunal to correct the applicant’s telephone number.
6. On 6 November 2024 the parties appeared before the Tribunal at a conference.  The applicant was represented by her support co-ordinator.

6. Oral directions were made requiring the applicant to exchange information with the Agency regarding the supports that were sought and to provide consent to a functional capacity evaluation (FCE).
7. On 25 February 2025 the Tribunal sent correspondence to the parties requesting an update on the progress of the matter and advising of a listing date for conference on 4 March 2025.
8. By email dated 3 March 2025 the Agency advised the Tribunal the applicant had not yet complied with the Tribunal’s directions to advise of the supports she was seeking or to provide consent for an FCE.  As a result, the Agency had not yet arranged for any FCE.

7. On 4 March 2025 the applicant did not attend the case conference. Oral directions were made to the parties to be passed onto the applicant.
8. On 5 March 2025 the applicant’s support co-ordinator wrote to advise they had ceased to act for the applicant.

8. On 1 April 2025 the Agency wrote to the Tribunal to advise the applicant had still not advised what supports she sought or provided consent to participate in an FCE.

10. On 11 August 2025 the Tribunal sent listing notices to the parties advising of a telephone directions hearing to be held on 4 September 2025.  The listing notice stated that an application may be dismissed if a party did not attend.
11. On 28 August 2025 a pre-hearing check was sent to parties reminding them of the 4 September 2025 hearing and advising the numbers the parties would be called on.  Parties were requested to advise if the contact details were not correct.

11. On 4 September 2025, the applicant failed to appear at the telephone directions hearing. A Tribunal Officer attempted to call the applicant at least three times on the mobile telephone number previously advised to the Tribunal by the applicant’s support worker. No-one answered the call.
12. The representative for the Agency advised the Tribunal he was instructed to request the application be dismissed.

RELEVANT LEGISLATION

21. Section 99 of the Administrative Review Tribunal Act 2024 (Cth) (ART Act) states:

If:

(a) the applicant fails to appear at a Tribunal case event that relates to a proceeding in relation to an application; and

(b) the Tribunal is satisfied that the applicant received appropriate notice of the date, time and place of the Tribunal case event;

the Tribunal may dismiss the application.

Note 1: Tribunal case events include hearings, direction hearings and dispute resolution processes (see the definition of Tribunal case event in section 4)

Note 2: For how to appear at a Tribunal case event, see section 73.

22. Section 4 of the ART Act defines ‘Tribunal case event’, in relation to a proceeding before the Tribunal, to mean, amongst other things: ‘the hearing, or part of the hearing, of the proceeding’ and ‘a directions hearing...in relation to the proceeding’.

CONSIDERATION

23. I am satisfied that the applicant failed to appear at a Tribunal case event that related to a proceeding in relation to an application for the purposes of s 99(a) of the ART Act, because the applicant failed to appear at the hearing on 4 September 2025.

24. I am satisfied that the applicant received appropriate notice of the date, time and place of the Tribunal case event for the purposes of s 99(b) of the ART Act because:

(a) the Tribunal Registry sent a listing notice to the applicant by email and by regular post.  The email address is the address provided by the applicant and at which previous notices have been received.

(b) a follow up email advised the applicant of the telephone number on which she would be called and asked her to contact the Tribunal if that number was incorrect.

25. I am satisfied this is the second occasion on which the applicant has failed to attend as she also did not attend the case conference listed for 4 March 2025. 
26. In these circumstances, I find it is reasonable to dismiss the application under s 99 of the ART Act.

26. The applicant may apply to the Tribunal for reinstatement of the application within 28 days after receiving notice that the application is dismissed (or such longer period as the Tribunal, in special circumstances, allows): s 102(7) of the ART Act.

27. If the Tribunal considers it appropriate, the Tribunal may reinstate the application and make such order as appear to the Tribunal to be appropriate in the circumstances: s 102(9) of the ART Act.

DECISION

28. The Tribunal dismisses the application for review under s 99 of the ART Act.

Dated: 4 September 2025

Date(s) of hearing: 4 September 2025

Ni

Respondent’s Representative:  Mr Tucakovic