Arnel and National Disability Insurance Agency

Ms Veronica Arnel (the Applicant) sought review of a decision by a Delegate of the Chief Executive Officer of the National Disability Insurance Agency (the Respondent) that she did not meet the access criteria for the National Disability Insurance Scheme. The Applicant appeared for herself, while counsel appeared for the Respondent. The Tribunal considered oral and documentary evidence, including witness statements from the Applicant, a psychiatrist, a pain medicine specialist, and an occupational therapist, as well as medical records.

The central issue before the Tribunal was whether the Applicant met the access criteria for the National Disability Insurance Scheme, specifically the disability requirements under section 24 or the early intervention requirements under section 25 of the *National Disability Insurance Scheme Act 2013*. The Respondent conceded that the Applicant met the age and residency requirements, but disputed whether she satisfied the disability or early intervention requirements.

The Tribunal accepted the Respondent's contention that the Applicant did not meet the early intervention requirements, finding no evidence of supports likely to benefit her that were most appropriately funded through the Act. However, the Tribunal concluded that the Applicant did satisfy the disability requirements under section 24 of the Act, including subsections relating to substantially reduced functional capacity in areas such as mobility, self-care, and social interaction.

Consequently, the Tribunal set aside the reviewable decision and substituted a decision that the Applicant meets the access criteria under section 24 of the Act, thereby allowing her to become a participant in the National Disability Insurance Scheme.