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Fast-Track Hearings at the Administrative Review Tribunal

Administrative Review Tribunal cases can take many months to finish. If your situation is urgent and your case is well prepared, you can ask the Administrative Review Tribunal for a Fast-Track
Hearing so your case is decided sooner.

Only you (the participant/applicant) can ask for a Fast-Track Hearing.

The NDIA cannot request this.

Fast-Track Hearings are best for cases where:
• Most evidence has already been prepared, and
• The dispute is mainly about how the evidence or law should be interpreted, not about
missing or incomplete evidence.

If the Administrative Review Tribunal agrees:

• Hearing held within 6 weeks.

• All evidence must be submitted at least 14 days before the hearing.

• Written summaries or arguments must be submitted at least 7 days before the
hearing.

There is no fixed timeframe for when the Administrative Review Tribunal must make its decision
after the hearing. This depends on how complex the case is.

Once a Fast-Track Hearing is scheduled, it is very difficult to delay or reschedule unless there
are exceptional reasons.

The Administrative Review Tribunal will usually only agree if both conditions below are met.

1. All evidence will be ready in time

Because the hearing is within 6 weeks:
• You will usually have about 4 weeks to gather and submit any remaining evidence.
• All evidence must be lodged at least 2 weeks before the hearing.

Before asking for Fast-Track, you should:

• Have most of your evidence already prepared.
• Identify any expert reports you still need.
• Confirm experts can write reports within the short timeframe.

If you cannot realistically get key evidence in time, Fast-Track is not suitable.

2. A Fast-Track Hearing would not disadvantage either party

The Administrative Review Tribunal will consider whether Fast-Track could unfairly affect you or the NDIA, including:

• Whether the NDIA can gather its evidence in time.
• Whether key people (participants, carers, witnesses, lawyers, experts) are available.
• Any external issues (holidays, illness, natural disasters, caring responsibilities).

If Fast-Track would prevent either side from properly presenting their case, the Administrative Review Tribunal may refuse.

✔  Your case may be decided much sooner.

✔ Helpful where supports are urgently needed.

✔ May encourage faster settlement discussions with the NDIA.

✔ Reduces long periods without appropriate supports.

Insufficient evidence:
If important evidence is missing, you may be much less likely to succeed.

Little time to get help:
You may not have enough time to find a lawyer or advocate.

Strict attendance expectations:
If you cannot attend the hearing on the scheduled date, your case could be dismissed.

Key message:
Fast-Track is powerful, but only safe if the case is already well prepared.

When to ask

• You can ask at any case conference.

• Best to raise it as early as possible, ideally at the first case conference.

How to ask

There is no special form or wording. At the conference you can say:

“I would like to ask the Tribunal to schedule a Fast-Track Hearing for my case.”

Be ready to clearly explain:

✔ What evidence has already been provided.

✔ Any remaining evidence and how you will get it before the deadline.

✔ Why the case is urgent (for example: high care needs, safety risks, worsening health).

Helpful (but optional):

Email the Administrative Review Tribunal and NDIA lawyers before the conference to say you plan to request Fast-Track. This helps everyone be prepared.

• The Administrative Review Tribunal may ask questions to check you understand the process
and risks.

• The NDIA may raise any objections.

• The Administrative Review Tribunal may decide immediately or later.

• If approved, you’ll receive written Directions and a Hearing Listing.

☐ Most evidence already prepared.

☐ Experts confirmed availability and deadlines.

☐ Participant available for hearing.

☐ No major upcoming disruptions.

☐ Urgent support needs.

☐ Comfortable with strict deadlines.

☐ Understand risks if evidence is incomplete.

If you check most of these
, Fast-Track may be appropriate.

Additional Resources