Brown and National Disability Insurance Agency

The Administrative Appeals Tribunal considered a dispute between an applicant, Ms. Brown, and the National Disability Insurance Agency (NDIA) concerning the provision of a Thermomix® as a reasonable and necessary support under the National Disability Insurance Scheme Act 2013. Ms. Brown, who experiences deafness, impaired vision, and arthritis, sought funding for the appliance to assist with meal preparation, aligning with her stated goal of increasing her cooking skills and independence in the kitchen.

The Tribunal was required to determine whether a Thermomix® constituted a reasonable and necessary support for Ms. Brown, specifically assessing it against the criteria set out in section 34(1) of the National Disability Insurance Scheme Act 2013. This involved considering whether the appliance would assist her in pursuing her goals, facilitate her social and economic participation, represent value for money, be effective and beneficial, and whether it was most appropriately funded by the NDIS rather than other systems. The assessment also required consideration of the relative merits of the Thermomix® compared to other adaptive kitchen aids and appliances, and whether these alternatives had been sufficiently assessed.

Deputy President Mischin reasoned that while the Thermomix® is an "all-in-one" device that can save time and labour in meal preparation, it did not meet the threshold of being a reasonable and necessary support in this specific case. The Tribunal found that on the evidence presented, the appliance was not sufficiently justified as a necessary support, particularly when considering alternative adaptive kitchen aids. The Deputy President was not satisfied that the applicant's request for a Thermomix® met the statutory criteria for reasonable and necessary supports.

Consequently, the Tribunal affirmed the NDIA's decision under review, meaning Ms. Brown's request for funding for the Thermomix® was not approved.