Rowe and National Disability Insurance Agency

This matter concerned an application by Mr Rowe for review of the National Disability Insurance Agency's decision to reject his request to become a participant in the National Disability Insurance Scheme. Following an internal review which affirmed the initial decision, Mr Rowe sought a notice under section 37(2) of the *Administrative Appeals Tribunal Act 1975* requiring the Agency to produce additional documents relevant to the Tribunal's review. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether to issue such a notice.

The primary legal issue before the Tribunal was whether it should exercise its power under section 37(2) of the *Administrative Appeals Tribunal Act 1975* to direct the Agency to produce further documents. Mr Rowe contended that certain decision-making documents, such as matrices and rubrics, were relevant to understanding the Agency's reasoning and that their absence indicated a failure to properly consider his evidence. The Agency asserted that no such documents existed and provided assurances to this effect, along with other requested call logs and correspondence.

The Tribunal reasoned that the power to direct the production of documents under section 37(2) is discretionary and requires the Tribunal to form an opinion that the documents may be relevant to the review. The Tribunal accepted the Agency's assurance, as a model litigant, that decision-making matrices and rubrics did not exist. Furthermore, the Tribunal stated it had not formed the opinion that any other documents or classes of documents were relevant to the review. Consequently, the Tribunal concluded there was no basis to make a direction under section 37(2) for the production of further material.

The Tribunal therefore declined to make an order requiring the Agency to produce further material pursuant to section 37(2) of the *Administrative Appeals Tribunal Act 1975*.