Issue 2: I see now how that could have been worded better, but TAG routinely make itemised reports as described (not on demand). To make that estimate without having actually performed the assessment and calculations could well be malpractice. NCAT protected TAG from owning up to neglecting due diligence. Again: rather than presuming that such a document does not exist and interpreting the summons as a request to create the document, they could have asked TAG to hand it over
if it does exist.
Issue 1: That is probably true in most hearings however TAG and NCAT are increasingly nervous about the recent high profile public exposure of misconduct of their counterparts in
Queensland,
Tasmania, and
Victoria. And this hearing is amongst activists who have between 7 and 15 supporters, including friends and family who are shocked by the misconduct and are spreading the word. NCAT have several times sabotaged video hearings, disconnecting everyone. One time they resumed by phone but failed (ie without even giving a reason or even officially rejecting us) to connect anyone except the applicant and the protected person. Nobody was being disruptive, they were simply witnesses to injustice.
Impropriety does *not* get dealt with. In my own hearing I had to shame the TAG representative and continuously
badger the Member to get an undertaking from TAG to forward the relevant documents I gave them onto Centrelink (I am not authorised to give those documents myself to Centrelink). Forwading those documents would make the issue of the hearing go away but TAG were sabotaging the situation by simply refusing to perform their legal duty. In fact I think it was my pointing out that failure by NCAT to compel TAG may even make them complicit in this breaking of Centrelink rules. The member said she does not have the power to "compel" TAG to do anything (is that true?) but did get an "undertaking" from them.
I don't think you aware of how bad the situation is involving Tribunals, Public Trustees/Guardians, State Governments. Anne Connolly from Four Corners has been preparing an exposé this last year and the authorities know it.