Cofre and National Disability Insurance Agency

This matter concerned an application by Mr Cofre against a decision of the National Disability Insurance Agency (NDIA). Mr Cofre sought funding for a granny flat to be built on his parents' property as a reasonable and necessary support under the National Disability Insurance Scheme (NDIS). The NDIA had previously refused this request, arguing it was not related to Mr Cofre's disability. The Administrative Appeals Tribunal (AAT) was required to determine whether the proposed housing support met the criteria for reasonable and necessary supports under the NDIS Act.

The Tribunal was tasked with considering whether the requested support for a housing unit was related to Mr Cofre's disability, as required by NDIS Support Rule 5.1(b). This involved assessing whether there was sufficient evidence to establish a link between Mr Cofre's impairments, including his autism spectrum disorder and associated challenging behaviours, and the need for separate, independent accommodation. The NDIA contended that certain reports lacked the necessary expertise to opine on this intersection, while Mr Cofre argued that his goals and behaviours demonstrated a clear need for this type of support.

The Tribunal found that the criteria under section 34(1) of the NDIS Act were satisfied. It considered evidence regarding Mr Cofre's goals for independent living, his difficulties with social interaction, his sensory sensitivities, and his challenging behaviours, such as anxiety, withdrawal, and property damage, which were exacerbated by common stressors. The Tribunal was satisfied that these factors, supported by expert and family evidence, demonstrated that the proposed housing unit was a reasonable and necessary support directly related to Mr Cofre's disability. Consequently, the NDIA's decision was set aside, and the Tribunal ordered funding of up to $110,000 for the housing unit.