CKJW and National Disability Insurance Agency

The Administrative Appeals Tribunal considered the application of CKJW for access to the National Disability Insurance Scheme (NDIS). CKJW sought access to the scheme due to impairments including post-traumatic stress disorder, persistent depressive disorder, generalised anxiety disorder, and chronic suicidality. The National Disability Insurance Agency had previously refused access, a decision CKJW sought to have reviewed.

The Tribunal was required to determine whether CKJW's impairments resulted in a "substantially reduced functional capacity" to undertake any one or more of the specified activities listed in the National Disability Insurance Scheme Act 2013, as required by section 24 of the Act. Additionally, the Tribunal considered whether CKJW met the early intervention requirements under section 25 of the Act.

The Tribunal affirmed the decision of the National Disability Insurance Agency. In its reasoning, the Tribunal acknowledged the significant impact of CKJW's impairments and her traumatic history. However, based on the evidence presented, including lay evidence regarding CKJW's capacity for self-care, household tasks, social engagement, and management of appointments and finances, the Tribunal found that the legislative threshold for a "substantially reduced functional capacity" had not been met at that time. The Tribunal noted that while CKJW experienced significant variability in her functional capacity, there were periods where she could manage essential tasks and engage in hobbies, and that support was available from her family and friends.

The Tribunal's decision was to affirm the reviewable decision, meaning CKJW was not granted access to the NDIS. The Tribunal clarified that this decision did not diminish the severity of CKJW's impairments but rather found that the specific legislative criteria for access were not satisfied. The Tribunal also noted that CKJW could reapply for access in the future if her functional capacity became substantially reduced due to her impairments and she continued to meet other eligibility requirements.