Tregale and National Disability Insurance Agency

The Administrative Appeals Tribunal considered a dispute between Mr. Tregale and the National Disability Insurance Agency. Mr. Tregale sought to issue a summons to the reviewable decision-maker within the Agency, arguing that the probative value of their evidence was crucial to the proceedings. The Tribunal was tasked with determining whether to grant this request.

The central legal issue before the Tribunal was whether it had the power to issue a summons to a reviewable decision-maker, and if so, whether it was appropriate to do so in the circumstances of this case. This involved considering the nature of the evidence sought and its relevance to the Tribunal's task of reviewing the Agency's decision.

Senior Member Groom reasoned that the Tribunal's power to issue summonses under section 33(1)(b) of the *Administrative Appeals Tribunal Act 1975* (Cth) is broad and can be exercised to obtain evidence that is relevant and necessary for the proper conduct of the review. However, the Tribunal must also consider whether the request is a proportionate and appropriate use of its powers. In this instance, the Senior Member found that the applicant had not demonstrated that the reviewable decision-maker's personal evidence was essential, particularly given that the Agency had provided detailed reasons for its decision and other relevant documentation. The Tribunal concluded that the probative value of the evidence sought from the decision-maker was not sufficiently established to warrant the issuance of a summons, and therefore the request was refused.