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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: 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 (Cth) 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.
Visit AustLII to find all Guidance and Appeal Panel decisions, including those dealing with cases where a Tribunal decision has been made and may contain a mistake affecting the original outcome of our review.
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 |
|---|---|---|
2024-001-042 2024/9823 | Facial recognition technology. Privacy Act 1988 | The use of facial recognition technology by organisations interfacing with the public – which affects many members of the community and which is a feature of some other administrative decisions falling within the Tribunal’s jurisdiction. |
| 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 | Section 76E(4) of the Migration Act 1958 | The correct interpretation and application of section 76E(4) of the Migration Act 1958 |
| 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. |
2025-004-104 2024/5215 | Comparable supports. National Disability Insurance Scheme Act 2013 | The correct interpretation and application of section 34(1) of the National Disability Insurance Scheme Act 2013 and rule 3.1(a) National Disability Insurance Scheme (Supports for Participants) Rules 2013 in respect of comparable supports. |
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. |
| Matter | Subject matter / legislation | Issue of significance to administrative decision-making |
|---|---|---|
2025-001-125 2024/2331 2025/0588 | Assets test. Social Security (Administration) Act 1999 | The proper application of the assets test when there is a change in circumstances and the proper interpretation and application of section 110 of the Social Security (Administration) Act 1999 |
| 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. |