David and National Disability Insurance Agency

The Administrative Appeals Tribunal considered a dispute between Mr David, an applicant with Nemaline Myopathy, and the National Disability Insurance Agency (NDIA). Mr David requires 24-hour ventilation due to his severe and progressive muscle disorder, is wheelchair-bound, and dependent on others for all care. The core of the dispute concerned whether certain costs associated with his care and participation in life were reasonable and necessary supports to be funded under the National Disability Insurance Scheme (NDIS).

The Tribunal was required to determine whether the cost of airplane tickets for a carer to accompany Mr David to interstate sporting events twice a year, and the cost of taxis for him to visit friends and family, constituted reasonable and necessary supports under the NDIS Act 2013. This involved assessing the object of the NDIS against the specific circumstances of Mr David's complex medical needs, including his respiratory failure, thermoregulatory difficulties, and physical dependence.

The Tribunal reasoned that the object of the NDIS is to provide reasonable and necessary supports to participants to enable them to live a life that includes community participation and social and economic participation. Applying this principle, the Tribunal accepted that taxi fares for specific trips to visit friends and family were reasonable and necessary supports, acknowledging the applicant's need for assistance with transport. Furthermore, the Tribunal found that the participation fees and airplane tickets for a carer to attend interstate sporting events with Mr David twice a year were also reasonable and necessary supports. The Tribunal's decision was to set aside the NDIA's previous decision and substitute it with orders that these specified transport costs and carer attendance at sporting events be funded under the NDIS.