Adamczewski and National Disability Insurance Agency

This matter concerned an application for review by Mrs Adamczewski of a decision by the National Disability Insurance Agency (NDIA) to refuse her access to the National Disability Insurance Scheme (NDIS). Mrs Adamczewski had applied for access to the NDIS, but her application was refused by a delegate of the NDIA CEO on the grounds that she did not meet the disability or early intervention requirements. A subsequent review by the NDIA confirmed this refusal. Mrs Adamczewski then applied to the Tribunal for a review of that decision.

The Tribunal was required to determine whether Mrs Adamczewski met the disability requirements for access to the NDIS under section 20 of the *NDIS Act 2013* (Cth). This involved considering the meaning of "impairment" and "permanent" in the context of the NDIS legislation, and whether Mrs Adamczewski's various medical conditions constituted impairments that were permanent and resulted in a substantially reduced functional capacity. The Tribunal also had to consider whether it was limited to the impairments assessed by the original decision-maker.

The Tribunal reasoned that the term "impairment" under the NDIS Act refers to a specific condition that causes functional limitations, and is distinct from the underlying cause of the condition or its functional effects. It found that Mrs Adamczewski suffered from a range of physical, cognitive, and psychiatric impairments, including major depressive disorder, generalised anxiety disorder, fibromyalgia, sleep apnoea, and significant spinal issues with associated pain and paraesthesia. The Tribunal determined that these impairments were permanent, meaning they were likely to be lifelong and result in a substantially reduced functional capacity. The Tribunal also clarified that it was not limited to considering only those impairments identified by the original decision-maker.

Consequently, the Tribunal set aside the NDIA's decision to refuse Mrs Adamczewski access to the NDIS. In substitution, the Tribunal decided that Mrs Adamczewski met the access criteria under section 20 of the *NDIS Act 2013* (Cth).