Tweed and National Disability Insurance Agency

This matter concerned an application by the applicant, Tweed, against a decision of the National Disability Insurance Agency (NDIA). The parties had reached an agreement regarding the terms of the decision to be made by the Administrative Appeals Tribunal (AAT). The core of the dispute revolved around the power of the Tribunal under section 42C of the *Administrative Appeals Tribunal Act 1975* (Cth) to make a decision in accordance with the parties' agreed terms, specifically whether it was satisfied that the requested decision was within its powers and appeared appropriate.

The Tribunal was required to determine whether it was satisfied, pursuant to section 42C(1)(c) of the *Administrative Appeals Tribunal Act 1975* (Cth), that a decision in the terms requested by the parties was within the Tribunal's powers and that it was appropriate to make such a decision. This involved considering the scope of the Tribunal's authority to approve a statement of participant supports (SOPS) in accordance with an agreement reached between the applicant and the NDIA.

The Tribunal, presided over by I Thompson M, was satisfied that the decision sought by the parties fell within its jurisdictional powers and that it was appropriate to make an order in those terms. Consequently, the Tribunal set aside the original decision made under section 100(6) of the *National Disability Insurance Scheme Act 2013* (Cth) and substituted it with a new decision. This new decision approved a statement of participant supports, specifying various financial allocations and service provisions for core consumables, daily activities, social participation, transport, and capacity building supports, with an operative date contingent on the NDIA issuing a new SOPS within 28 days. The decision also stipulated a reassessment date and detailed specific support worker assistance arrangements.