Pelovski and National Disability Insurance Agency

In the Administrative Appeals Tribunal, the Applicant, Pelovski, sought a stay of a reviewable decision under subsection 41(2) of the *Administrative Appeals Tribunal Act 1975* (Cth), while the National Disability Insurance Agency (the Respondent) requested a remittal order under section 42D of the same Act. The dispute arose from the Respondent's intention to include a prohibition in the Applicant's statement of participant supports, which would prevent the Applicant's Plan Nominee and support worker from receiving payment, should the reviewable decision be remitted.

The Tribunal was required to determine whether to grant the remittal order sought by the Respondent and whether to grant the stay order sought by the Applicant. Specifically, the Tribunal needed to consider if there was a current decision to stay, given the Respondent's stated intention to potentially impose a prohibition.

The Tribunal reasoned that no decision had yet been made by the Respondent's delegate to include the proposed prohibition in the Applicant's statement of participant supports. As no such decision had been made, and consequently no order was being made under section 42D of the *Administrative Appeals Tribunal Act 1975* (Cth) to remit the matter for further consideration, the Tribunal concluded there was nothing to stay.

Accordingly, the Tribunal refused the Respondent's request for an order under section 42D of the *Administrative Appeals Tribunal Act 1975* (Cth) to remit the reviewable decision to the Respondent's delegate. The Tribunal also refused the Applicant's request for an order under subsection 41(2) of the Act for a stay.