The Tribunal has several cases before it that relate to issues of significance to administrative decision-making. Decisions made relating to these cases may become Tribunal guidance decisions.
This list does not include cases referred to the Guidance and Appeals Panel due to an error of law or fact.
Relevant cases are listed below by caseload.
| Matter | Subject matter / legislation | Issue of significance to administrative decision-making |
|---|---|---|
2025-007-073 2024/10687 | Cancellation of student qualifications. National Vocational Education and Training Regulator Act 2011 | Whether there is a discretion in the statutory provisions pursuant to which the reviewable decision was made to not cancel a student’s qualification and, if so, the scope of that discretion and the factors that are relevant to its exercise. |
| Matter | Subject matter / legislation | Issue of significance to administrative decision-making |
|---|---|---|
2025-004-893 2438437 | Fraud in migration reviews. Migration Act 1958 | The impact on an applicant’s review rights of alleged fraud by a person purporting to act as the applicant’s migration agent. |
2025-007-071 2561064 | Electronic monitoring of curfews. Migration Act 1958 | The correct interpretation and application of section 76E(4) of the Migration Act 1958 |
025-007-121 2024/6848 | Spousal discretion. Australian Citizenship Act 2007 | The proper interpretation and application of section 22(9) of the Australian Citizenship Act 2007 and Citizenship Procedural Instruction 11 |
| Matter | Subject matter / legislation | Issue of significance to administrative decision-making |
|---|---|---|
2025-001-121 2023/6073 | Definition of compensation. National Disability Insurance Scheme (Supports for Participants – Accounting for Compensation) Rules 2013 | The proper interpretation and application of rule 3.13 of the National Disability Insurance Scheme (Supports for Participants – Accounting for Compensation) Rules 2013. |
2025-002-342 2024/2561 | Delegated model of care. National Disability Insurance Scheme Act 2013 | The proper interpretation of section 34(1)(aa) of the National Disability Insurance Scheme Act 2013 and the application of the NDIS Practice Standards and delegated models of care when considering what level of care is reasonable to expect parents to provide. |
2025-001-998 2022/9078 | Functional capacity to participate in social interaction. National Disability Insurance Scheme Act 2013 | The proper interpretation and application of section 24(1)(c)(ii) and 24(1)(d) of the National Disability Insurance Scheme Act 2013; rule 5.8 National Disability Insurance Scheme (Becoming a Participant) Rules 2016; and the Becoming a Participant - Applying to the NDIS Guidelines. |
2025-005-462 2022/3995 | Definition of standard. National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (NDIS Supports) Transitional Rules 2024 | The proper construction of the words ‘standard’ in respect of standard indoor or outdoor play equipment in item 4(p) of Schedule 2 of the National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (NDIS Supports) Transitional Rules 2024. |
2025-006-473 2023/1209 2021/8101 | Plans prior to the commencement of National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 | The proper interpretation and application of the National Disability Insurance Scheme (Supports for Participants) Rules 2013 and the impact of the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 on NDIS Plans that came into effect before the commencement of that Act. |
2023/4543 | Role of family members in providing support. National Disability Insurance Scheme Act 2013 | The proper construction and application of section 34(1)(e) of the National Disability Insurance Scheme Act 2013 and rule 3.4(a)(iii)-(iv) of the National Disability Insurance Scheme (Supports for Participants) Rules 2013 regarding the role of family members in the provision of community access and transport support. |
2025-007-627 2024/3369 | Future needs. National Disability Insurance Scheme (Supports for Participants) Rules 2013 | The interaction between the National Disability Insurance Scheme (Supports for Participants) Rules 2013 and the National Disability Insurance Scheme (Getting the NDIS Back on Track No.1) (NDIS Supports) Transitional Rules 2024. |
2025-005-790 2024/4526 | Activity Areas. National Disability Insurance Scheme Act 2013 | The scope of each of the activity areas in section 24(1)(c) of the National Disability Insurance Scheme Act 2013. |
| Matter | Subject matter / legislation | Issue of significance to administrative decision-making |
|---|---|---|
2024-001-068 2024/10152 | Cancellation of registration of education and training provider. National Vocational Education and Training Regulator Act 2011; Education Services for Overseas Students Act 2000 | Whether the statutory provisions upon which the respondent relied were properly applied and whether the applicable legal decision-making procedures were properly followed. |
2024-001-069 2024/10154 | As above | As above |
2025-002-935 2024/0087 | Overpaid GST refunds. A New Tax System (Goods and Services Tax) Act 1999; Taxation Administration Act 1953 | The Tribunal’s jurisdiction within the meaning of section 14ZZ of the Taxation Administration Act 1953 in cases of suspected fraud involving unconnected third parties. |