Taylor v The National Injury Insurance Agency Queensland

Taylor brought an application for judicial review of a decision by the National Injury Insurance Agency Queensland (the Agency) to deny his request for external case management services. The Agency is an agency established under the National Injury Insurance Scheme (Queensland) Act 2016 (Qld). Taylor sought review of the decision on various grounds, including that the decision was not supported by evidence, it was an improper exercise of power, it was contrary to law, the Applicant was not afforded natural justice, and the Agency was affected by bias. The court was required to determine whether Taylor's grounds for review were founded.

The court examined the evidence and material the Agency took into account in making the decision. The court found that the Agency had relied on its own knowledge of its ability to internally undertake case management in denying Taylor's request. The court considered that this was other material the Agency could reasonably rely upon in coming to its decision. The court found that Taylor had not discharged the burden of proving that the decision was not supported by evidence. The court also found that the Agency's appointment of itself as case manager was not an improper exercise of power. The court found that the Agency had evidence and other material to rely upon in coming to its decision.

The court set aside the decision of the Agency dated 25 February 2020. The court directed the Agency to approve Taylor's request for external case management.