Devine and National Disability Insurance Agency

This matter concerned an appeal by Ms Devine against a decision of the National Disability Insurance Agency (NDIA) to refuse her access to the National Disability Insurance Scheme. The dispute centred on whether Ms Devine met the eligibility requirements for the scheme, specifically concerning the nature and impact of her disabilities. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the NDIA's decision.

The legal issues before the Tribunal were whether Ms Devine's impairments resulted in a substantially reduced functional capacity to undertake one or more of the specified activities under section 24(1)(c) of the *National Disability Insurance Scheme Act 2013* (Cth), and whether she met the requirements for early intervention supports under section 25(1)(b) and (c) of the Act. The Tribunal was required to assess the impact of Ms Devine's persistent depressive disorder and post-traumatic stress disorder, stemming from past assaults, on her ability to engage in activities such as communication, social interaction, learning, mobility, self-care, and self-management.

The Tribunal found, on the evidence, that Ms Devine did have a disability resulting from persistent depressive disorder and post-traumatic stress disorder, and that these impairments were permanent. However, the Tribunal was not satisfied that these impairments resulted in a substantially reduced functional capacity in the manner required by section 24(1)(c) of the Act, nor did it find that the provision of early intervention supports was applicable to her conditions under section 25(1)(b) and (c). The Tribunal applied the principles of functional assessment as outlined in the Act and relevant case law, requiring a high degree of precision in evaluating a person's capabilities.

Consequently, the Tribunal affirmed the NDIA's reviewable decision to refuse Ms Devine access to the National Disability Insurance Scheme.