Bouteris and National Disability Insurance Agency

This matter concerned an application by Mrs Bouteris for review of a decision by the National Disability Insurance Agency. The dispute centred on whether Mrs Bouteris met the eligibility requirements to become a participant in the National Disability Insurance Scheme. The decision was made by Dr L Bygrave, a Member of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mrs Bouteris satisfied the age requirements for access to the National Disability Insurance Scheme. Specifically, the Tribunal had to determine if an applicant aged 70 years at the time of lodging their access request could be considered eligible under the relevant legislative provisions.

The Tribunal considered that the National Disability Insurance Scheme (Becoming a Participant) Rules 2016 (Cth) and the National Disability Insurance Scheme Act 2013 (Cth) prescribed specific age criteria for access. The evidence established that Mrs Bouteris was 70 years old when she lodged her access request on 7 May 2019. The Tribunal found that neither the Act nor the Participant Rules provided any discretion regarding the age requirements. As Mrs Bouteris was not under 65 years of age at the time of her request, the Tribunal concluded that her application had no reasonable prospects of success.

Consequently, the Tribunal dismissed Mrs Bouteris's application pursuant to paragraph 42B(1)(b) of the Administrative Appeals Tribunal Act 1975 (Cth).