Lamb and National Disability Insurance Agency

This matter concerned an application for review of a decision by the National Disability Insurance Agency (NDIA) to cancel the appointment of Ms Lamb as the plan nominee for Mr Caruana, a participant in the National Disability Insurance Scheme (NDIS). The Administrative Appeals Tribunal (AAT) was required to determine whether the cancellation of Ms Lamb's appointment as plan nominee was the correct or preferable decision.

The legal issues before the Tribunal included whether the appointment of a guardian for Mr Caruana constituted a change of circumstances likely to affect Ms Lamb's ability to act as plan nominee, and whether the NDIA had followed the correct statutory procedures in cancelling her appointment. The Tribunal also considered the relevance of Mr Caruana's wishes regarding his nominee, the duty of a nominee to consult with relevant parties, and the impact of Ms Lamb's conduct on Mr Caruana's funded supports and relationships with stakeholders.

The Tribunal reasoned that while the initial appointment of Ms Lamb as nominee preceded the appointment of the Public Guardian, the NDIS Act and Nominee Rules provided a pathway for replacing a nominee when a guardian was appointed under state legislation. The appointment of the Public Guardian as Mr Caruana's guardian was considered a significant change of circumstances likely to affect Ms Lamb's ability to fulfil her role, particularly given the potential for conflict and confusion between the nominee and the guardian. The Tribunal found that Ms Lamb had breached her duty to consult with the Public Guardian and service providers, leading to unproductive working relationships and compromised supports for Mr Caruana. Although Mr Caruana's wishes were considered, they were not determinative, and the Tribunal concluded that Ms Lamb's conduct and the ongoing strained relationships made her continued appointment inappropriate.

The Tribunal affirmed the NDIA's decision to cancel Ms Lamb's appointment as Mr Caruana's plan nominee.