QLYQ and National Disability Insurance Agency

QLYQ (the applicant) sought to issue a summons to produce records held by a National Disability Insurance Scheme (NDIS) service provider in proceedings before the Administrative Appeals Tribunal (AAT). The National Disability Insurance Agency (NDIA) objected to the issue of this summons. Deputy President Mischin presided over the AAT.

The central legal issue before the AAT was whether it had the power to issue a summons requiring an NDIS service provider to produce records, notwithstanding that the service provider was not a party to the proceedings. This involved considering the scope of the AAT's powers under the *Administrative Appeals Tribunal Act 1975* (Cth) and the *National Disability Insurance Scheme Act 2013* (Cth), particularly in relation to the production of documents by third parties.

Deputy President Mischin reasoned that the AAT's general power to summon persons to produce documents under section 40(2)(b) of the *Administrative Appeals Tribunal Act 1975* is broad and not limited to parties to the proceedings. His Honour noted that the *National Disability Insurance Scheme Act 2013* does not contain any provisions that would restrict this general power in the context of NDIS matters. The purpose of the AAT's review function is to ensure that decisions are made according to law, and access to relevant documents, even from third parties, is often necessary for a proper and fair hearing.

The AAT dismissed the NDIA's objection and ordered that the summons be issued.