Crossley and National Disability Insurance Agency

This matter concerned an application for access to the National Disability Insurance Scheme (NDIS) by Mr Crossley, who sought review of a decision by the National Disability Insurance Agency (NDIA) to refuse his access. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Crossley met the disability requirements under section 24 of the National Disability Insurance Scheme Act 2013 (Cth) or the early intervention requirements under section 25 of the Act.

The central legal issue was whether Mr Crossley's impairments, including chronic pain, osteoarthritis, anxiety, depression, and other psychological conditions, resulted in a substantially reduced functional capacity in any of the six domains specified in section 24(1)(c) of the Act. The Tribunal also considered whether Mr Crossley met the early intervention requirements under section 25, which do not require a substantially reduced functional capacity but focus on the potential benefits of early intervention.

The Tribunal applied the principles established in case law, including *Mulligan v National Disability Insurance Agency*, which clarified that the assessment focuses on what a person can and cannot do, rather than what they actually do, and that a positive satisfaction of the requirements is necessary. The Tribunal gave considerable weight to the independent occupational therapist's report, Ms Nicholls, which concluded that Mr Crossley exhibited self-limiting behaviour and likely had near-normal functioning, finding that he was overreporting his limitations. While acknowledging Mr Crossley's distress and complaints about the assessment, the Tribunal noted that he declined an offer for a further independent assessment. The Tribunal found that the evidence did not establish a substantially reduced functional capacity in any of the assessed domains, nor did it meet the criteria for early intervention.

Consequently, the Tribunal affirmed the NDIA's decision that Mr Crossley did not meet the requirements for access to the NDIS under either section 24 or section 25 of the Act.