Buckley and National Disability Insurance Agency

This matter concerned an appeal by Mr Buckley (the Applicant) against a decision by the National Disability Insurance Agency (NDIA) to refuse funding for a Visualert System. The Applicant, who is profoundly deaf, sought funding for this system to provide visual alerts for fire alarms and doorbells within his home. The NDIA had declined funding, citing concerns that the system might not be hardwired by a qualified electrician, potentially causing harm, and that it duplicated existing funded supports.

The central legal issue before the Tribunal was whether the provision of the Visualert System constituted a "reasonable and necessary" support for the Applicant under section 34 of the National Disability Insurance Scheme (NDIS) Act. This required the Tribunal to consider the Applicant's goals of improving home safety and managing his health and wellbeing, alongside the specific needs arising from his profound deafness. The Tribunal also had regard to the NDIS Operational Guidelines, although these were not binding.

The Tribunal found that the Applicant's existing assistive technology, including a Bellman Alert System, an Apple Watch, and a Brooks Fire Alarm System, did not adequately meet his needs. The Applicant provided evidence that the Visualert System was preferable due to its hardwired nature, which he considered safer and more practical in his home environment, avoiding the need for multiple power boards and reducing clutter. The Tribunal accepted that the Visualert System would better align with the Applicant's stated goals for safety and wellbeing.

Consequently, the Tribunal set aside the NDIA's decision and remitted the matter back to the NDIA with a direction to include sufficient funding in the Applicant's Statement of Participant Supports for the supply and installation of the Visualert system. The Tribunal noted that it was for the NDIA to determine the precise additional funding required, taking into account the Applicant's existing core supports.