Power of Tribunal to compel applicant to attend medical assessment - Atkinson and NDIA [2021] AATA 3540
Key points In Atkinson and NDIA [2021] AATA 3540 [opens in new window], the Tribunal refused the NDIA's application to have an applicant attend appointments with an OT and psychiatrist selected by the NDIA. The case includes a useful summary of how the Tribunal decides whether to exercise its discretion to make such an order. Facts Mr Atkinson brought proceedings in the Tribunal seeking a review of the NDIA's decision that he did not meet the access criteria for the NDIS. In the course of these proceedings, the NDIA requested Mr Atkinson to attend appointments with a psychiatrist and an in-home assessment by an occupational therapist. Both experts were selected by the NDIA. Mr Atkinson refused. He stated that he was extremely exhausted from the Tribunal process, and that he will suffer deterioration of his health if he is required to undergo the further examinations. Mr Atkinson offered to have his OT and psychiatrist answer further questions from the NDIA if required. The N