HGLS and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered an interlocutory application by HGLS, the applicant, against the National Disability Insurance Agency (NDIA), the respondent. HGLS sought orders for 'confidential non-disclosure' regarding an independent medical assessment and report, arguing that the Tribunal's direction to file and disclose the report was *ultra vires* and that consent to the assessment was not freely given.

The primary legal issue before Deputy President Mischin was whether to grant a confidentiality order in relation to an independent medical assessment report. This involved determining whether the Tribunal had the power to direct the filing and disclosure of such a report, and if so, whether the circumstances warranted limiting its use.

Deputy President Mischin refused the application for 'Confidential Non-Disclosure' as framed by the applicant. However, the Tribunal made orders pursuant to section 35 of the *Administrative Appeals Tribunal Act 1975* to limit the use of Dr H’s report of 24 October 2022. These orders restrict the report's use solely to proceedings for a review of the NDIA's decision made on 17 March 2022.