Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Kelly v National Disability Insurance Agency [2024] FCA 1462 File number(s):
Judgment of: MCEVOY J
Date of judgment: 17 December 2024
Catchwords: ADMINISTRATIVE LAW – whether r 5.4 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016 is valid – meaning of "permanent" in s 24(1)(b) of the National Disability Insurance Scheme Act 2013 (Cth) – whether Tribunal erred in misconstruing or misapplying the word "likely" in s 24(1)(b) of the Act and r 5.4 of the Rules – meaning of "known, available and appropriate" in the Rules – whether Tribunal erred in concluding that it was not satisfied that there was "a probability that surgery would be "available" – whether Tribunal acted unreasonably – appeal dismissed – Tribunal decision affirmed.
Administrative Appeals Tribunal Act 1975 (Cth) National Disability Insurance Scheme Act 2013 (Cth) Legislation: National Disability Insurance Scheme (Becoming a Participant) Rules 2016 (Cth) Safety, Rehabilitation and Compensation Act 1988 (Cth) Public Health Act 2010 (NSW)
Attorney-General (NSW) v Quin (1990) 170 CLR 1 Australian Maritime Officers' Union v Assistant Minister for Immigration and Border Protection (2015) 230 FCR 523 Bull v Attorney-General (NSW) (1913) 17 CLR 370 City of Footscray v Maize Products Pty Ltd (1943) 67 CLR 301 IW v City of Perth (1997) 191 CLR 1 Kassam v Hazzard; Henry v Hazzard (2021) 106 NSWLR 520 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li [2013] HCA 18 Cases cited: Minister for Immigration and Citizenship v SZMDS [2010] HCA 16 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Mulligan v NDIA [2015] FCA 544 National Disability Insurance Agency v Davis [2022] FCA 1002 New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act (2016) 260 CLR 232 Plaintiff M47/2012 v Director-General of Security [2012] HCA 46 Shanahan v Scott (1957) 96 CLR 245 South Australia v Tanner (1989) 166 CLR 161 Swan Hill Corporation v Bradbury [1937] HCA 15 Vanstone v Clark (2005) 147 FCR 299 Williams v Melbourne Corp (1933) 49 CLR 142
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