Administrative Appeals Tribunal of Australia|2022-10-06

For the reasons given above, the Tribunal refuses the request made by the Respondent for an order under section 42D of the AAT Act to remit the reviewable decision to the Respondent's delegate for further consideration. The Tribunal also refuses the Applicant's request for an order under subsection 41(2) of the AAT Act for a stay.

I certify that the preceding 34 (thirty -four) paragraphs are a true copy of the reasons for the decision herein of Member, P. Smith

.............................[SGD].........................................

[1] Anassis and National Disability Insurance Agency [2022] AATA 622 at [78(c)].

[2] N1112 v Minister for Immigration and Multicultural Affairs [2000] FCA 1597 at [17], per Emmett J.

[3] Ego Pharmaceuticals Pty Ltd v Minister for Health and Ageing [2010] AATA 935 at [3]; Negi and National Disability Insurance Agency [2022] AATA 1423 at [24]; Commissioner of Taxation v Cancer and Bowel Research Association Inc [2013] FCAFC 140 at [15].

[4] Re Scott and Australian Securities and Investments Commission [2009] AATA 798 at [3].

[5] Birdseye v Tax Practitioners Board [2020] FCA 1235 at [20], per Logan J.

[6] See sections 34J, 40 and 43 of the AAT Act.

Appeals Tribunal Act 1975

Disability Insurance Scheme Act 2013

Materials_ National Disability Insurance Scheme (Nominees) Rules 2013

National Disability Insurance Scheme (Plan Management) Rules 2013

National Disability Insurance Scheme (Nominees) Rules 2013

Pelovski and National Disability Insurance Agency [2022] AATA 3380 (6 October 2022)

Anassis and National Disability Insurance Agency [2022] AATA 622

Birdseye v Tax Practitioners Board [2020] FCA 1235

Commissioner of Taxation v Cancer and Bowel Research Association Inc [2013] FCAFC 140

Ego Pharmaceuticals Pty Ltd v Minister for Health and Ageing [2010] AATA 935

N1112 v Minister for Immigration and Multicultural Affairs [2000] FCA 1597

Negi and National Disability Insurance Agency [2022] AATA 1423

Re Scott and Australian Securities and Investments Commission [2009] AATA 798

Pelovski and National Disability Insurance Agency [2022] AATA 3380 (6 October 2022)

At a glance

Court

Decision date

Source

Judgment (9 paragraphs)

Legislation Cited (6)

Cases Cited (8)

Pelovski and National Disability Insurance Agency [2022] AATA 3380 (6 October 2022)