Darren O'Donovan Profile picture
Senior Lecturer in Administrative Law, @latrobelaw. NDIS, social security law, accountability of governments. Views are mine, and mine alone
Aug 31, 2018 5 tweets 3 min read
AAT just smacked the Agency's approach to the health boundary. The need for the support was rooted in the disability not the health condition. I think we might see a JR on this one. austlii.edu.au/cgi-bin/viewdo… Deputy President Constance gets the heart of the soft law nature of a lot of the NDIS approaches. The Agency does have a very clear policy on clinical versus function boundary. It just doesn't (in his view) reflect the language of paragraph 7.4 of the rules. Ouch.
Jul 17, 2018 8 tweets 2 min read
This piece is good in nailing the core dynamic where AuDHA are trafficking in non-binding policy commitments when responding to questions about their legal powers of release. zdnet.com/article/tens-o… The language of s70 is flying all around the place. some thoughts... Section 70 authorises releases for "protection of revenue". Revenue is a term of art; referring to taxes, ongoing charges. The selection of 'revenue', rather than expenditure limits the scope. Loss of revenue stream- not occasional overpayment or audit of government expenditure
Jun 1, 2018 4 tweets 1 min read
QZHH v NDIA (Just published) a lengthy and significant tribunal decision on the position of carers in the scheme. Decisions set aside, big boost in support for complex family situation. austlii.edu.au/cgi-bin/viewdo… Huge procedural import to Senior Member Parker's ruling that when a first plan is appealed successfully, it is not necessary for agency to consent to put the lost supports into the second plan. Instead the 1st plan is enlivened and must be completed with an adjusted review date
May 15, 2018 5 tweets 2 min read
Ombudsman report on #NDIS complaint handling just out. I'd firstly note the strange phrasing of the NDIA's acceptance of the recommendations, which seems to delink the findings from their legislative obligations. Signals a progressive rather than immediate realisation of them? Ombudsman makes self-evident finding that reasoning by drop down box template (!!!!) is unacceptable. Needless to say this is a computer system (tail) wagging the legislation (dog). Boilerplate #NDIS 1st instance decisions are having to be unpicked, reresourced on appeal...
Apr 26, 2018 11 tweets 5 min read
So #centrelink phonelines, the importance of correcting errors&debt repayment have been in the headlines. Well, on cue comes an AAT decision that takes all those issues, adds in a computer fail & unproven attacks on the recipient's character: austlii.edu.au/cgi-bin/viewdo… #notmydebt The decision relates to a FTB and Schoolkids bonus overpayment in a complex family situation. The debt at its centre was born from a computer malfunction, accepted as such by Centrelink. Just how far was the woman affected by it driven to clear her debt (and sadly, her name?)