Baranowski and National Disability Insurance Agency

This matter concerned an appeal by Ms Baranowski against a decision by the National Disability Insurance Agency (NDIA) to refuse her access to the National Disability Insurance Scheme (NDIS). Ms Baranowski suffers from complex post-traumatic stress disorder, borderline personality disorder, depression, and anxiety. The NDIA had accepted that her impairments were permanent, but contended that they did not result in a substantially reduced functional capacity, nor that she would require NDIS support for her lifetime. The Administrative Appeals Tribunal (AAT) was required to determine whether Ms Baranowski met the disability requirements for access to the NDIS under section 24 of the *NDIS Act 2013* (Cth).

The Tribunal was required to assess whether Ms Baranowski's impairments resulted in a substantially reduced functional capacity in any of the domains specified in section 24(1)(c) of the NDIS Act. This involved considering the evidence regarding her ability to communicate, engage in social interaction, learn, manage self-care, and manage herself. The Tribunal also needed to determine if her impairments affected her social or economic participation (section 24(1)(d)) and if she would require NDIS support for her lifetime (section 24(1)(e)). The NDIA's position was that Ms Baranowski's impairment was fluctuating and did not meet the threshold for substantially reduced functional capacity, particularly between periods of exacerbation.

The Tribunal found that while Ms Baranowski's communication impairment was moderate and variable, her capacity for social interaction was substantially reduced. This conclusion was based on evidence detailing her severe social anxiety, which significantly impacted her ability to interact with others, even in familiar environments, and her tendency to withdraw from social contact. The Tribunal noted that this impairment was present generally, not just on days of severe symptoms, and often required the assistance of another person. As a substantially reduced functional capacity in at least one domain was sufficient to meet the access criteria, the Tribunal found that Ms Baranowski met the requirements of section 24(1)(c) of the NDIS Act. The Tribunal also found that her permanent impairments affected her social and economic participation and that her support needs were likely to continue for her lifetime, satisfying sections 24(1)(d) and 24(1)(e) respectively.

Consequently, the Tribunal set aside the NDIA's decision and remitted the matter for reconsideration with a direction that Ms Baranowski meets the disability requirements for access to the NDIS.