Federal Court of Australia
Federal Court of Australia
QDKH, by his litigation representative BGJF v National Disability Insurance Agency [2021] FCAFC 189 Appeal from: QDKH and National Disability Insurance Agency [2021] AATA 922
File number(s): NSD 450 of 2021
Judgment of: RANGIAH, PERRY and ABRAHAM JJ
Date of judgment: 18 October 2021
Date of publication of reasons: 29 October 2021
Catchwords: ADMINISTRATIVE LAW – where applicant sought review in the Administrative Appeals Tribunal of decision by an internal reviewer under s 100 of the National Disability Insurance Scheme Act 2013 (Cth) – whether Tribunal erred in finding that it lacked jurisdiction to consider additional supports requested by the applicant but not put before the internal reviewer – appeal allowed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25, 44 National Disability Insurance Scheme Act 2013 (Cth) ss 4, 32(1), 33(2), 99(1), 103
Cases cited: Frugtniet v Australian Securities and Investments Commission (2019) 266 CLR 250 QDKH and National Disability Insurance Agency [2021] AATA 922 Steley and National Disability Insurance Agency [2021] AATA 2539 VXVL and National Disability Insurance Agency [2021] AATA 1709
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 8
Date of hearing: Determined on the papers
Solicitor for the Applicant: Legal Aid NSW
Solicitor for the Respondent: Ashurst
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate