Williamson and National Disability Insurance Agency

The matter before the Tribunal concerned an application by Mr Williamson for review of a decision made by the National Disability Insurance Agency (NDIA). The core of the dispute revolved around the ongoing funding of supports for Mr Williamson while his application for review was pending before the Tribunal, particularly as the review date in his existing plan had passed.

The Tribunal was required to determine whether the NDIA possessed the power to vary a decision previously made under section 33(2) of the National Disability Insurance Scheme Act 2013. Further, the Tribunal considered whether specific provisions of the Administrative Appeals Tribunal Act 1975, namely sections 26, 34D(1) and (3), 42C(1) and (3), or 42D, were the appropriate legal vehicles for addressing the applicant's need for continued support.

The Tribunal's reasoning drew upon its previous decision in *In Re The Trustee for the Confidential Trust and Commissioner of Taxation*, which examined the interplay between specific enactments and the general provisions of the Administrative Appeals Tribunal Act. In that context, the Tribunal had concluded that Parliament's intent regarding the application of certain AAT Act provisions to specific reviewable decisions was paramount. Applying this principle, the Tribunal considered that section 42D of the AAT Act or the creation of an entirely new plan were the most appropriate mechanisms for addressing the immediate need for funding, rather than relying on other sections of the AAT Act or the NDIA's power to vary a decision under section 33(2) of the NDIS Act.

The Tribunal adjourned further consideration of the matter to allow for these avenues to be explored.