Although a brief decision, Klewer and National Disability Insurance Agency  AATA 4974 (available on JADE) is of interest as it highlights the potential for tension between the interests of an NDIS applicant and their family member.
The AATA application was in respect of whether the Agency should fund overnight care for the Applicant for 10 hours each night and secondly whether Ms Klewer should be funded to provide that support. The Agency argued that there was no evidence that the night time care is required, and that in any event the Applicant’s mother is not the appropriate person to provide that care.
Ms Klewer was particularly upset by the Respondent’s reference to litigation involving her in New South Wales where she was declared a vexatious litigant, and found her not to be a suitable person to represent her son. The Respondent also referred to Ms Klewer’s conviction for assault. (at ).
Orders were made such that until any further order of the Tribunal, this matter be held in abeyance pending the appointment of a Guardian Ad Litem for the Applicant, Robert Klewer.