The news story covers the Federal Court appeal of Liam McGarrigle over a decision of the National Disability Insurance Agency (NDIA) under the National Disability Insurance Scheme Act 2013 (Cth). The NDIA originally found that Mr. McGarrigle was entitled to funding under the Act for taxi rides he needed in order to access support programs and his workplace. Mr. McGarrigle appealed the decision of the NDIA to fund these taxi trips at a value of $8000. The Administrative Appeals Tribunal heard the appeal, and calculated that the costs of his taxi trips were $15,850. However, the Tribunal accepted the NDIA’s ‘invitation’ to use a balancing factor of financial sustainability, and ascribed a figure of 75% of the total costs calculated. The appeal of Mr. McGarrigle to the Federal Court argues the process of calculation of this payment was selected without evidence or supporting material, thus making 75% an arbitrary number. Mr. McGarrigle also argues there is no statutory basis for …show more content…
partial funding and full funding of his taxi trips should be awarded. This article demonstrates the importance of the underpinning separation of powers doctrine, which gives judicial review the unique role of constraining administrative decision-makers by enforcing and declaring the legal limitations of their power. The outcome of judicial review in the Federal Court for Mr. McGarrigle has huge implications for his quality of life, but also demands the clarification of the statutory requirements for the process of funding under the National Disability Insurance Scheme (NDIS). There is no clear procedure in the Scheme to allow decision-makers to take financial sustainability into account, nor anything expressly stating the acceptability of partial funding. Judicial review therefore, utilises statutory interpretation in order to ensure transparent procedural norms and application of statute. Transparent procedural norms are crucial for creating just outcomes by avoiding arbitrary application of the law to applicants. Judicial review therefore plays a crucial role in structuring administrative discretion and holding decision-makers accountable for the process followed to reach a decision, consequently ensuring it was fair in the eyes of the law. However, the unique power of judicial review means courts must be careful to maintain the distinction between review based on law, and merits review based on substantive matter.
The decision of the Federal Court in Mr. McGarrigle’s case will have large impacts on the interpretation and implementation of the NDIS, and consequently on the funding of all applicants. The Court may interpret the statute to require that funding is on the basis of an all-or-nothing system, which the NDIA argues would accordingly mean their funding would cover fewer applicants. Thus judicial review must be based on the interpretation of statute, rather than the substantive merits of the case, as a decision based on Mr. McGarrigle’s need affects the entire Scheme. Therefore, what the law requires must be the most important outcome. Judicial review has the ability to clarify procedural norms and help to create transparent and accountable outcomes. However, review should be based on law and not substantive
matter.
Gary Dougherty was paroled from Northeast Correctional Complex on 11/15/2017. Mr. Dougherty has a Tennessee Sentence of Attempted First Degree Murder and is currently under minimum supervision level. Mr. Dougherty was paroled to Steps Halfway House. On 04/16/18, Case Manager Ron Stephens advised me that Mr. Dougherty was discharged from Steps for several rule violations. Mr. Stephens advised that since Mr. Dougherty had been at Steps he has failed three drug screens, offered drugs to another resident, ask residents for clean urine, brought a prostitute in the house, and threatened a resident.
The decision in Equuscorp is significant, as it has made clear several principles that were once ambiguous under Australian law. It ratifies that restitutionary remedies are unavailable for a claim for money had and received where recovery would reduce coherence in the law. Furthermore, Equuscorp has confirmed that a bare cause of action can be assigned where the assignee has a genuine commercial interest in its enforcement.
A summary of the case details (provide the circumstances surrounding the case, who, what, when, how)
The appeal was heard in The NSW Supreme Court, Court of Appeal. The appellant appealed the issue of “blameless accidents” therefore providing new evidence, with the view that the preceding judge made an error recognising the content and scope of duty of care. He also noted the breach of duty of care and causation .
...d to follow the approach of NSWCA, after considering the reasoning in Dao. Now it is consistent in this issue across NSW and Victoria.
“The NHS was created as one of the pillars of the welfare state, however, it was soon consuming a large proportion of welfare spending; this issue of cost has remained an important factor throughout the history of the NHS.”
Courts,” in Health Politics and Policy, 4th edition (James A. Morone, Theodor J. Litman, and
281). The National Disability Strategy 2010-2020 is one of the government 10 years planning of initiative focusing on people with disability to participate in every form of life same as all other Australians. As mentioned by Thill, (2015, p. 22), it is the first time in history that all governments of Australia which are federal, State and local have agreed upon the national approach to undertake work on all six areas of national disability strategy to support rights and protection, learning and skill, personal support, health and wellbeing of people living with disabilities. NDIS was also one of those approach which was first introduced in trail basis in different region of the country and now running successfully. Australian government and political parties have a long history of supporting the rights and different sectors of disabilities. The first commonwealth state territory disability agreement 1991, parallel state and territory legislation, Development of national disability strategy and ratified with UN CRPD are some of the big positive changes that the government had made for improvement in their
Her Majesty’s Government (2011) ‘Health and Social Care Bill.’ Bill 132. The Stationery Office, London
Brian, the 42-year-old, unemployed for 18 months receives $452.80 between him and his part-time employed wife Joan. Brian has been unemployed for 18 months, well past the way the government has intended to be a short-term welfare. The Newstart Allowance cost the government $7.5 Billion per year. Former Social Services Minister Kevin Andrews said that the relentless growth with the public’s intentions on raising the Newstart Allowance will be unsustainable (Harrison, n.d.). Although Australian welfare support payments, the recipients are means tested but around 27% of the population are receiving some form of Government support payments (Butterworth, 2015). This is such a large portion of Australians aren’t paying the tax in which the Government needs to continue paying these supporting payments. In 2015-2016, the Government will spend $154 Billion on welfare. This is around 35% of the total government expenditure (Welfare integrity measures, 2015). 35%, there is no way that this is sustainable as if more than one-third of the taxpayers’ dollars are going to those who don’t work, or don’t work enough to support themselves. Centrelink made 436,745 special payments in 2011-12, almost half of these payments (48%) are those receiving unemployment benefits (Peatling, 2012). The Newstart is intended to be a short-term assistance, but studies show that 65% had been on the support benefit for 12
Garthwaitea, K, (2011). ‘The language of shirkers and scroungers?’ Talking about illness, disability and coalition welfare reform. Disability & Society , Volume 26, Issue 3, 369-372.
indicates that we really need to look again at the way it is calculated in the UK’, claims Professor Huw Dixon of the University of York and CEPR. ‘Since so much depends on the
Twice a year, the government release estimates of fraud and error in the benefit system. These estimates come from the Department of Work and Pensions, DWP. Figures released for 2013/14, suggest by the DWP that only 0.7% of welfare spending is accounted for benefit fraud (West. B, 2014, DWP, 2014). This equates to £1.2 billion pounds of the £164 billion spent on benefits (DWP, 2014). Appendix 2 shows how much the Government spent on benefits and then how much of the benefits was fraudulent or an error. Benefit fraud compared with claimant/official error is behind by one billion pounds and shows us that claimant/official error seems to be more of a problem than benefit fraud. The previous year’s statistics, 2012/13 remained the same at £1.2 billion (Department of Work and Pensions, 2013). Viewing these figures from the government, fraud is a minor estimate that contributes to the overall spending on
The grounds of judicial review help judges uphold constitutional principles by, ensuring discretionary power of public bodies correspond with inter alia the rule of law. I will discuss the grounds of illegality, irrationality and proportionality in relation to examining what case law reveals about the purpose and effect these grounds.
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...