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Tribunal guidance decisions
The Guidance and Appeals Panel can decide cases about issues that may have a wide impact on administrative decision-making. These are called Tribunal guidance decisions.
Access published Tribunal guidance decisions:
Jurisdictional area: NDIS
This Tribunal guidance decision considered the proper construction and application of para 33(5)(d) of the National Disability Insurance Scheme Act 2013 and r 5.3(a)(ii) of the National Disability Insurance Scheme (Supports for Participants) Rules 2013 in the context of the statutory regime regulating the administration of Schedule 4 medications in Queensland. Affirming the decision under review, the Guidance and Appeals Panel concluded that the statutory regime does not prohibit the administration of Schedule 4 medications by a high intensity disability support worker acting under a Registered Nurse delegated supervision of care arrangement and that registered nursing supports are not an NDIS support under the National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (NDIS Supports) Transitional Rules 2024.
Jurisdictional area: Social Security
The Tribunal guidance decision considered the proper interpretation and application of section 110 of the Social Security (Administration) Act 1999 in the context of debts to the Commonwealth arising from unreported changes of circumstances. The majority of the Guidance and Appeals Panel set aside the decision and held that the applicants did not owe a debt to the Commonwealth for social security payments as there was no disposal of assets during the relevant period.
Jurisdictional area: General
This Tribunal guidance decision considered the competing objects in the Privacy Act 1988 with the interests of entities carrying out their functions. The Guidance and Appeals Panel found that the applicant did not breach the Privacy Act for using facial recognition technology because it was a permitted use. However, the applicant did breach the Privacy Act for not complying with the notification requirements and having proper privacy policies in place.
Jurisdictional area: NDIS
The Guidance and Appeals Panel affirmed the original decision dated 4 May 2023 on the basis that the Thera Trainer is not an NDIS support within the meaning of s 34(1)(f) of the National Disability Insurance Scheme Act 2013 because it does not fall within column 2 of Schedule 1 of the National Disability Insurance Scheme (Getting the NDIS Back on Track No.1) (NDIS Supports) Transitional Rules 2024 (Cth).
Jurisdictional area: NDIS
The Tribunal set aside the internal review decision of 28 September 2023 and varied the Respondent’s statement of participant supports to include several reasonable and necessary supports. The decision considers the meaning of ‘standard item’, ‘modified’ and ‘adapted’ in section 4 of the National Disability Insurance Scheme Act 2013 and schedules of the NDIS Transitional Rules.
Jurisdictional area: General
The Tribunal considered whether to proceed with a substantive hearing after finding jurisdiction. The Tribunal set aside the reviewable decision and remitted the matter to the Commissioner for reconsideration in accordance with the Tribunal’s order that the Commissioner consider what action, if any, is required of the Commissioner under the Online Safety Act 2021 in relation to the complaint lodged with the Commissioner on 31 May 2024. This includes whether a written notice under s 88(3) must be issued to the person who made the complaint under s 36.
Decision published 26 February 2025
An appeal against this decision was dismissed by the Full Court of the Federal Court of Australia on 18 February 2026: eSafety Commissioner v Baumgarten [2026] FCAFC 12
Other significant decisions
Not all decisions of the Guidance and Appeals Panel are Tribunal guidance decisions. Below is a selection of other significant decisions including interlocutory decisions and Tribunal decisions referred which may contain an error of law and/or fact affecting the original outcome of our review:
Jurisdictional area: Migration
Interlocutory decision: The Tribunal's jurisdiction in relation to a notification of a decision under the Migration Act 1958 where a visa applicant alleges fraud by an agent assisting them.
Jurisdictional area: NDIS
Interlocutory decision: Appointment of independent lawyers to assist the Tribunal.
Jurisdictional area: General
Interlocutory decision: Tribunal jurisdiction. Online Safety Act 2021.
Decision published 5 February 2025
An appeal against the substantive decision made by the Tribunal in this matter was dismissed by the Full Court of the Federal Court of Australia on 18 February 2026: eSafety Commissioner v Baumgarten [2026] FCAFC 12
Jurisdictional area: General
Interlocutory decision: Reasons for refusal of adjournment.
Jurisdictional area: Social Security
Interlocutory decision: Discretionary considerations relevant for referral to the Guidance and Appeals Panel.
All decisions of the Guidance and Appeals Panel
Published decisions made by the Guidance and Appeals Panel are also available on the Australian Legal Information Institute website (AustLII). To access relevant decisions, visit the Administrative Review Tribunal page and enter the words ‘Guidance and Appeals Panel’ in the search bar.