MDCT and National Disability Insurance Agency

The Administrative Appeals Tribunal considered a dispute between the MDCT (Applicant) and the National Disability Insurance Agency (Respondent) concerning the Respondent's request for a direction compelling the Applicant to provide access to their home for an occupational therapist's assessment. The Respondent argued that this assessment was necessary to obtain expert evidence that would assist the Tribunal in making the correct or preferable decision in the substantive review application. The Applicant resisted this request, submitting they should not be compelled to facilitate the preparation of a report by providing access to their home.

The primary legal issue before the Tribunal was whether it possessed the power to issue a direction compelling a party to provide access to their property for the purpose of obtaining expert evidence, and if so, whether it was appropriate to exercise that power in the circumstances. Both parties referred to section 33 of the *Administrative Appeals Tribunal Act 1975* (Cth) as the potential source of this power, which allows the Tribunal to inform itself on any matter in such manner as it thinks appropriate and to require parties to provide further information.

The Tribunal reasoned that the Applicant's resistance to providing access was inconsistent with their obligation to assist the Tribunal in conducting a fair and just review and with the Tribunal's need for necessary evidence to reach the correct or preferable decision. Citing *Commissioner of Taxation v Cancer and Bowel Research Association*, the Tribunal affirmed its broad powers to gather evidence. The Tribunal concluded that the Respondent's request for access was reasonable and proportionate, and the Applicant's refusal was unreasonable and contrary to their duty to assist the Tribunal.

Accordingly, the Tribunal directed that, upon the Respondent providing at least five business days' written notice to the Applicant, the Applicant must provide access to all parts of their property for the purpose of an assessment by an occupational therapist.