Bonnici and National Disability Insurance Agency

This matter concerned an application by the Applicant for review of a decision made by the Chief Executive Officer of the National Disability Insurance Agency (NDIA). The Applicant, who has psychosocial disability, sought to have certain requested supports approved and incorporated into his NDIS participant plan. The NDIA had refused to approve these additional supports, and the Applicant sought a review of that decision before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the Applicant's requested supports were reasonable and necessary, having regard to the criteria set out in the National Disability Insurance Scheme Act 2013 (Cth). Specifically, the Tribunal had to consider whether the supports would assist the Applicant to pursue his stated goals and aspirations, facilitate his social and economic participation, represent value for money, and be effective and beneficial, without causing harm. The Applicant also contended that his existing participant plan was not written by him and therefore did not work for him.

The Tribunal affirmed the NDIA's decision. Member P French reasoned that while the NDIS policy emphasises participant agency, choice, and control, these values must be balanced with the Act's fundamental purpose of supporting independence and social participation. The Tribunal found that the requested additional supports, in the Applicant's specific circumstances, would likely exacerbate his social anxiety and isolation, creating an artificial community of paid support rather than promoting genuine community engagement and relationships. This was deemed inconsistent with his stated goals, not to represent value for money, and potentially harmful. The Tribunal also noted that the Applicant's quality of life was compromised by his refusal of clinical care for his mental health and substance use issues, and that the NDIS was not a substitute for such essential treatment.

The Tribunal affirmed the decision under review, finding it to be the preferable decision.