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Published 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: 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: 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.
Visit AustLII to find all Guidance and Appeals Panel decisions.
Active cases
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.
Relevant cases before the Guidance and Appeals Panel are listed below by caseload.
| 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 |
|---|---|---|
2024-001-066 2024/3611 | Administration of scheduled medications. Therapeutic Goods Act 1989 (Cth); Medicines and Poisons Act 2019 (Qld) | The appropriateness and conformity with applicable legislation of the use of a delegated model of care for the administration of scheduled medication. |
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. |
| 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 |
2025-002-939 2024/6954 | Overpaid GST refunds. A New Tax System (Goods and Services Tax) Act 1999; Taxation Administration Act 1953 | The correct interpretation and application of section 14ZZ of the Taxation Administration Act 1953. |
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. |
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. |