Issues regarding the new National Disability Insurance Scheme are starting to appear in some caselaw, at least at the Tribunal level.

In KTT [2014] NSWCATGD 6, the Tribunal declined to make a guardianship order requested by a mother in respect of her son. The Tribunal was cautious about pre-empting the NDIA processes by making a guardianship order, so that the mother was more likely to be appointed as her son’s ‘plan nominee’ by the NDIA.