Cianci and National Disability Insurance Agency

The applicant, Cianci, sought review of a decision made by the National Disability Insurance Agency (NDIA) concerning the provision of reasonable and necessary supports under the National Disability Insurance Scheme (NDIS). The dispute centred on whether certain items and services requested by the applicant qualified for NDIS funding. The matter was heard by D. Connolly SM.

The court was required to determine whether the supports sought by the applicant, including a CPAP machine, vaping, sex therapy/sex worker services, an iPhone, and transport, were reasonable and necessary supports within the meaning of the NDIS legislation. This involved considering the NDIS Supports Rules, particularly those relating to supports that may cause harm, are unrelated to a disability, duplicate other supports, or constitute day-to-day living costs, as well as those that are clinical in nature or aim to improve general health status.

The court's reasoning focused on the evidence presented and the relevant NDIS legislation. It appears the court found that the supports in question, as included in the applicant's plan approved on 27 October 2020, were not excluded by the provisions of the NDIS Supports Rules. Specifically, the court found no evidence to suggest that these supports were not reasonable and necessary.

Accordingly, the Tribunal affirmed the decision under review.