Johns and National Disability Insurance Agency

This matter concerned an application for a stay order brought by the Applicant, a participant in the National Disability Insurance Scheme (NDIS), against the National Disability Insurance Agency (NDIA). The Applicant sought to maintain his previous NDIS plan's level of funding and self-management, which he contended had been altered by a subsequent plan approved on 21 February 2022, following an internal review that affirmed the decision. The core of the dispute revolved around the Applicant's assertion that his funded supports were not exhausted and his preference for self-management of his NDIS supports.

The legal issue before the Tribunal was whether to grant the Applicant's request for a stay order. Specifically, the Tribunal had to consider the principles governing applications for stays and determine if the Applicant's request had merit and served a useful purpose in resolving the underlying dispute. The Applicant's stated grounds for seeking the stay were that the reduced funding in the new plan was insufficient for his disabilities and that the change to plan management restricted his ability to engage appropriate supports.

The Tribunal, presided over by B J Illingworth SM, reasoned that the application for a stay could not achieve the outcome the Applicant desired. It held that the appropriate forum for the Applicant to raise his complaints regarding the level of funded supports and the self-management of those supports was through the review process itself. The Tribunal noted that the financial records provided by the Applicant, which he claimed supported his argument that his previous plan's funds were not exhausted, could be considered during the review. Consequently, the Tribunal concluded that the request for a stay was misconceived and lacked utility in resolving the dispute.

Accordingly, the Tribunal dismissed the application for a stay order.