Federal Court of Australia
Federal Court of Australia
Sayed v National Disability Insurance Agency (No 5) [2024] FCA 923 File number(s): VID 520 of 2022
Judgment of: O'BRYAN J
Date of judgment: 16 August 2024
Catchwords: ADMINISTRATIVE LAW – appeal and concurrent application for judicial review of decision of the Administrative Appeals Tribunal – where Administrative Tribunal dismissed application for review of decision of the National Disability Insurance Agency for want of jurisdiction pursuant to s 42A(4) of the Administrative Appeals Tribunal Act 1975 (Cth) – whether Tribunal erred in concluding that the Agency had not made a decision under s 100(6) of the National Disability Insurance Scheme Act 2013 (Cth) – where unnecessary to decide allegation of denial of procedural fairness
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) Judiciary Act 1903 (Cth) National Disability Insurance Scheme Act 2013 (Cth) National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Act 2022 (Cth) Telecommunications (Interception and Access) Act 1979 (Cth)
Cases cited: Austin v National Disability Insurance Agency [2022] AATA 16 BSLR v National Disability Insurance Agency [2018] AATA 1282 Cheng v Minister for Immigration and Citizenship (2011) 198 FCR 559 Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd (1979) 2 ALD 1 Director-General of Social Services v Chaney (1980) 3 ALD 161 Farrall v National Disability Insurance Agency [2020] AATA 5077 Jacob v Secretary Department of Social Services (No 2) [2022] FCA 907 LQTF v National Disability Insurance Agency [2019] AATA 631 NNXF v National Disability Insurance Agency [2019] AATA 5552 Pilbara Infrastructure Pty Ltd v Economic Regulation Authority [2014] WASC 346 QMCT v National Disability Insurance Agency [2019] AATA 6111 SZEYK v Minister for Immigration and Citizenship [2008] FCA 1940 SZNZL v Minister for Immigration and Citizenship (2010) 186 FCR 271 ZKTN v National Disability Insurance Agency [2017] AATA 744
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