Campbell and National Disability Insurance Agency

This matter concerned an application for review of a decision by the National Disability Insurance Agency (NDIA) to refuse access to the National Disability Insurance Scheme (NDIS) for Mr Stephen Campbell. The dispute centred on whether Mr Campbell met the eligibility requirements for the NDIS, specifically the disability and early intervention criteria. The decision was made by Senior Member K Buxton of the Tribunal.

The Tribunal was required to determine whether Mr Campbell had a "disability" as defined by section 24(1)(a) of the NDIS Act, considering his physical impairments and diagnosed depression and anxiety. Furthermore, the Tribunal needed to assess whether his impairments were permanent, as required by section 24(1)(b) of the Act, and whether early intervention supports were most appropriately funded by the NDIS, or alternatively, through the health system.

The Tribunal found that Mr Campbell did have a disability within the meaning of section 24(1)(a) of the NDIS Act, arising from his physical impairments, including difficulty walking due to a dysfunctional right knee, severe knee pain, pain and fatigue in his upper limbs from using crutches, and being overweight. However, the Tribunal was not satisfied that his depression and anxiety constituted a disability under the Act, as there was insufficient evidence to demonstrate a reduction or loss of function attributable to these conditions. The Tribunal also noted that the evidence did not establish that early intervention supports were most appropriately funded by the NDIS, suggesting that interventions for his physical impairments were more appropriately provided through the health system.

Consequently, the Tribunal affirmed the NDIA's decision, finding that Mr Campbell did not meet the access criteria under sections 24 or 25 of the NDIS Act.