Davis and National Disability Insurance Agency

The Administrative Appeals Tribunal considered an application by Ms Davis for review of a decision by the National Disability Insurance Agency (NDIA) to refuse her access to the National Disability Insurance Scheme (NDIS). Ms Davis, a 59-year-old woman, had made two previous unsuccessful access requests. The NDIA had determined that she did not meet the NDIS access criteria, specifically the disability requirements under section 24 of the *NDIS Act 2013* (Cth).

The primary legal issue before the Tribunal was whether Ms Davis met the disability requirements for NDIS access. This involved determining whether she had a disability attributable to one or more intellectual, cognitive, neurological, sensory, or physical impairments; whether these impairments were permanent or likely to be permanent; whether they resulted in a substantially reduced functional capacity in one or more of the prescribed activities (communication, social interaction, learning, mobility, self-care, or self-management); whether the impairments affected her capacity for social or economic participation; and whether she was likely to require NDIS support for her lifetime. It was accepted that Ms Davis met the age and residence requirements, and she did not contend she met the early intervention requirements.

The Tribunal reasoned that Ms Davis had established that her impairments, including those related to morbid obesity, ulcerative colitis, and sleep apnoea, were permanent or likely to be permanent. It found that these impairments significantly impacted her functional capacity, particularly in relation to mobility, self-care, and self-management, and affected her capacity for social and economic participation. The Tribunal also concluded that Ms Davis was likely to require NDIS support for her lifetime.

Consequently, the Tribunal set aside the NDIA's decision and substituted a new decision, finding that Ms Davis met the access criteria under section 21 of the *NDIS Act 2013*. Access to the NDIS was granted to Ms Davis.