Demirtas and National Disability Insurance Agency

This matter concerned an application for review by Mr Demirtas of the National Disability Insurance Agency's (NDIA) decision not to grant him access to the National Disability Insurance Scheme (NDIS). Mr Demirtas sought access based on a range of physical impairments, including severe lumbar disc prolapse, chronic lower back pain, cervical spine injury, shoulder tear, diabetes, and coronary artery disease, as well as a psychosocial impairment attributed to Post-Traumatic Stress Disorder. The NDIA had refused access on the basis that Mr Demirtas did not meet the disability requirements under section 24 or the early intervention requirements under section 25 of the *National Disability Insurance Scheme Act 2013* (Cth).

The Tribunal was required to determine whether Mr Demirtas met the access criteria under section 21 of the NDIS Act. Specifically, this involved assessing whether his impairments satisfied the "disability requirements" under section 24, which necessitate that the impairments are permanent or likely to be permanent and result in a substantially reduced functional capacity in one or more of the prescribed activities. Alternatively, the Tribunal had to consider if he met the "early intervention requirements" under section 25.

The Tribunal affirmed the NDIA's decision, finding that Mr Demirtas did not meet the access criteria. While the NDIA accepted that Mr Demirtas had physical impairments relating to his back, neck, and shoulder, and a psychosocial impairment due to PTSD, the Tribunal was not satisfied that these impairments met the threshold for permanent disability as required by section 24(1)(b). Furthermore, the Tribunal found that his diabetes and coronary heart disease, while managed, did not constitute impairments under section 24(1)(a) or meet the permanence requirement under section 24(1)(b). Consequently, as Mr Demirtas failed to satisfy the disability requirements, the Tribunal did not need to make a finding on the early intervention requirements.