Wow what a paragraph from the Fed Court's latest #NDIS decision. After noting the 'daunting task' the AAT had in dealing with the 'deluge' of 'densely compiled submissions' from the NDIA, Justice Mortimer has this reprimand: the NDIA would 'do well to remember its role'...
'As a model litigant, ...the Agency does not appear at the Tribunal as a true adversary...'
'It has no agenda to exclude people from the NDIS. Nor to admit them. Its role is to ensure that the legislative scheme created by Parliament is administered objectively and carefully'
'... it has no 'stake' in the outcome'
Another fantastic line: 'The guiding principles in s 4 make it abundantly clear that the scheme is directed at lifelong support, and lifelong benefits, in order to promote substantive equality between people with and without disabilities.'
National Disability Insurance Agency v Davis [2022] FCA 1002
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