Keating and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered an application by the National Disability Insurance Agency (NDIA) to dismiss an application for review made by Mr. Keating. Mr. Keating sought a review of the NDIA's decision that his requested supports were not eligible for funding under the National Disability Insurance Scheme Act 2013 (Cth).

The central legal issue before the Tribunal was whether Mr. Keating's application for review had "no reasonable prospect of success," as contemplated by section 42B(1)(b) of the Administrative Appeals Tribunal Act 1975 (Cth), thereby justifying its dismissal.

The Tribunal applied the general principles governing the exercise of its discretion under section 42B(1)(b). Having considered the merits of Mr. Keating's application, the Tribunal concluded that it did not possess a reasonable prospect of success. Consequently, the Tribunal exercised its discretionary power to dismiss the application. The Tribunal granted the NDIA's application for dismissal, and Mr. Keating's application for review was dismissed pursuant to section 42B(1)(b) of the Administrative Appeals Tribunal Act 1975 (Cth).