CYHY and National Disability Insurance Agency

This matter concerned an application by CYHY, an eight-year-old child with autism spectrum disorder, generalised anxiety disorder, ADHD, and social (pragmatic) communication disorder, for funding for a trained assistance dog. The National Disability Insurance Agency (NDIA) had refused to approve the provision of an assistance dog as a reasonable and necessary support under the National Disability Insurance Scheme Act 2013 (Cth). CYHY sought review of the NDIA's decision before the Tribunal.

The Tribunal was required to determine whether the provision of a trained assistance dog met the criteria of being "reasonable and necessary" under section 34(1) of the NDIS Act. Specifically, the court had to consider whether the evidence demonstrated that an assistance dog would provide benefits to CYHY that could not otherwise be achieved by a companion animal, and whether the support was essential for CYHY to participate more fully in society and achieve his goals.

The Tribunal found that the weight of evidence, both lay and expert, overwhelmingly supported the conclusion that an assistance dog would provide substantial positive benefits to CYHY. The court reasoned that the dog's presence would significantly reduce CYHY's anxiety and emotional dysregulation, which currently impaired his ability to engage in community activities and therapy sessions. The Tribunal noted CYHY's affinity for animals and concluded that an assistance dog, unlike a companion animal, would offer him the greatest opportunity to access his "happy place" across a broad range of environments, thereby maximising the benefits of his other treatments.

The Tribunal was satisfied that the provision of an assistance dog met the reasonable and necessary criteria. Accordingly, the Tribunal set aside the NDIA's decision and remitted the matter to the NDIA with directions to include the support in CYHY's statement of participant supports.