Beaumont and National Disability Insurance Agency

This matter concerned an application by Mr Beaumont for access to the National Disability Insurance Scheme (NDIS). The dispute arose after the National Disability Insurance Agency (NDIA) refused Mr Beaumont's application. The Administrative Appeals Tribunal (AAT) was required to review this decision.

The primary legal issue before the Tribunal was whether Mr Beaumont met the disability requirements for access to the NDIS, as set out in section 24 of the *National Disability Insurance Act 2013* (Cth). This involved determining if Mr Beaumont had permanent impairments that resulted in a substantially reduced functional capacity. Specifically, the Tribunal had to consider whether his chronic musculoskeletal pain and fatigue, arising from multiple myeloma and its treatment, met the criteria.

The Tribunal reasoned that while Mr Beaumont bore the onus of proving he met the access criteria, the NDIA had conceded that his impairments were permanent. The Tribunal agreed with this concession, noting that Mr Beaumont was receiving appropriate multidisciplinary treatment. The Tribunal then considered the specific functional domains, including social interaction, self-care, and mobility. Applying the principles from *Mulligan*, the Tribunal examined whether rule 5.8 of the NDIS Access Rules, a deeming provision, applied. Even if the deeming provision did not apply, the Tribunal was required to assess whether Mr Beaumont's functional capacity was substantially reduced in any of the relevant domains. The Tribunal found that due to his pain and fatigue, Mr Beaumont was unable to perform various household tasks and engage in social activities he previously enjoyed.

Having concluded that Mr Beaumont satisfied section 24 of the Act, the Tribunal set aside the NDIA's decision. In substitution, the Tribunal decided that Mr Beaumont met the disability requirements for access to the NDIS.