Al-Dabbagh and National Disability Insurance Agency

This matter concerned an application by Al-Dabbagh (the Applicant) against a decision made by the National Disability Insurance Agency (the Respondent). The dispute centred on the provision of reasonable and necessary supports under the National Disability Insurance Scheme. The decision was reviewed by Senior Member D Katter of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the Applicant's family members were the most appropriate providers of core supports, and if so, whether funding for such supports should be provided through the National Disability Insurance Scheme. Specifically, the Tribunal considered whether the recommendation for up to 12 hours of daily core support was reasonable and necessary if provided by family members, and whether the Applicant's statement of participant supports should be permitted to specify that family members could not be engaged as providers.

The Tribunal reasoned that while core support up to 12 hours per day was recommended, this funding was not reasonable and necessary if that support was to be performed wholly by the Applicant's family members. The Tribunal noted that no family member was formally trained in support provision and that it was not effective or beneficial for the family to act as support workers, considering current good practice and potential risks to the family's long-term well-being. The Tribunal concluded that the provision of paid support work by family members was not most appropriately funded or provided through the Scheme.

Consequently, the Tribunal set aside the decision under review and remitted the matter for reconsideration in accordance with the Tribunal's reasons. The Tribunal also declined to direct that the Applicant's statement of participant supports should not specify that family members could not be engaged as providers of core supports.