Librino and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered an application for a confidentiality order in the matter of *Librino and National Disability Insurance Agency*. The applicant, Mr Librino, sought to have certain documents and information related to his National Disability Insurance Scheme (NDIS) plan kept confidential. The respondent, the National Disability Insurance Agency (NDIA), did not oppose the application.

The primary legal issue before the Tribunal was whether there were sufficient reasons to grant the requested confidentiality order under the relevant provisions of the *Administrative Appeals Tribunal Act 1975* (Cth) and the *National Disability Insurance Scheme Act 2013* (Cth). The Tribunal was required to assess the applicant's arguments for confidentiality against the general principles of open justice and the specific requirements for making such orders.

The Tribunal, constituted by I Thompson M, found that the applicant had not demonstrated sufficient reasons to justify the making of a confidentiality order. While acknowledging the sensitive nature of personal information, the Tribunal applied the principle that confidentiality orders should only be made in exceptional circumstances and where the need for privacy outweighs the public interest in open proceedings. The Tribunal was not satisfied that the applicant's concerns met this threshold, particularly in the absence of any opposition from the NDIA which might have indicated a shared concern for privacy. Consequently, the Tribunal declined to make the requested confidentiality order.