Mulligan v National Disability Insurance Agency [2015] FCA 544

FEDERAL COURT OF AUSTRALIA

Mulligan v National Disability Insurance Agency [2015] FCA 544 Citation: Mulligan v National Disability Insurance Agency [2015] FCA 544

Appeal from: Mulligan v National Disability Insurance Agency [2014] AATA 374

Parties: DALE MULLIGAN v NATIONAL DISABILITY INSURANCE AGENCY

File number: NSD 693 of 2014

Judge: MORTIMER J

Date of judgment: 3 June 2015

Catchwords: ADMINISTRATIVE LAW – whether applicant had a substantially reduced functional capacity to undertake any of the activities in s 24(1)(c) National Disability Insurance Scheme Act 2013 (Cth) – deeming effect of r 5.8 National Disability Insurance Scheme (Becoming a Participant) Rules 2013 (Cth) – whether global finding sufficient – failure by Tribunal to perform statutory task – decision set aside and review remitted ADMINISTRATIVE LAW – whether adequate reasons given by Tribunal – failure by Tribunal to disclose in its reasons the evidence on which findings were based – even if first question of law not answered favourably to the applicant, the Court would be inclined to set aside decision and remit the review for failure to give adequate reasons

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2), 43(2B), 44, 44(7) National Disability Insurance Scheme Act 2013 (Cth) ss 13, 24(1), 24(1)(c), Ch 3 Pt 2 National Disability Insurance Scheme (Becoming a Participant) Rules 2013 (Cth), r 5.8 Revised Explanatory Memorandum, National Disability Insurance Scheme Bill 2013 (Cth) Convention on the Rights of Persons with Disabilities. Opened for signature 30 March 2007. 2515 UNTS 3 at Art 1 (entered into force 3 May 2008)