The Tribunal has several cases before it that relate to issues of significance to administrative decision-makingWhen an independent decision-maker looks again at a government decision to decide if it is the correct decision or if a different decision should be made.. 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 |
|---|---|---|
2026-101-737 2025/MC030418 | Care percentage decisions. Child Support (Registration and Collection) Act 1988 | The proper interpretation of section 87AA Child Support (Registration and Collection) Act 1988 where a decision involves, wholly or partly, a determination of a person's percentage of care for a child. |
2026-104-796 2026/0055 | Definition of foundation. Australian Education Regulations 2023 | The proper interpretation of the word ‘foundation’ as it appears in sections 4 and 7 of the Australian Education Regulations 2023, including whether it applies to students who commence their ‘reception’ education in Term 3 of a calendar year. |
| Matter | Subject matter / legislation | Issue of significance to administrative decision-making |
|---|---|---|
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 |
2026-104-735 2622601 | Bridging E (Class WE) (Subclass 050) visa. Migration Act 1958 | The correct and preferable interpretation of the interaction between s 195 of the Migration Act 1958 and cl 050.212(3)(b) of Schedule 2 to the Migration Regulations 1994 |
| Matter | Subject matter / legislation | Issue of significance to administrative decision-making |
|---|---|---|
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. |
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. |
| 2025-007-632 | Reassessment of participant supports in a participant’s plan. National Disability Insurance Scheme Act 2013 | The proper construction and application of section 103(2)(b) of the National Disability Insurance Scheme Act 2013. |
| 2026-105-729 | Features of a house. National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 | Whether the design model used in this case regarding a car park, driveway or outdoor area for a supported development accommodation dwelling has the ‘features’ of a ‘house’ under clause 1(3) of Schedule 1 to the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020, as found to be so by the Tribunal at first instance. |
| 2026-104-637 | Specialist Disability Accommodation needs requirements. National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 | The appropriate method of applying paragraph (e) of sub-rule 14(1) of the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020, having regard to paragraphs (a) - (d) and rules 12 and 13 of the Rules. |
| 2026-104-048 | Evidence-based therapy. National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (NDIS Supports) Transitional Rules 2024 | The interpretation of Item 34 of Schedule 1 to the National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (NDIS Supports) Transitional Rules 2024 (Cth), including the meaning of "therapy" and "evidence-based therapy" and the circumstances in which therapeutic supports qualify as NDIS supports. |
| Matter | Subject matter / legislation | Issue of significance to administrative decision-making |
|---|---|---|
2026-105-035 2026/0894 | Nominated electronic address. Electronic Transactions Act 1999 | The legal efficacy of a notice sent to a MyGov inbox in circumstances where that inbox has not been nominated as the electronic address for receipt of notices. |
| 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. |
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. |