Dunn and National Disability Insurance Agency

The Administrative Appeals Tribunal considered an application by Mr Dunn for review of a decision made by the National Disability Insurance Agency (NDIA) regarding his NDIS plan. The core of the dispute concerned the NDIA's decision to exclude certain supports from Mr Dunn's plan.

The Tribunal was required to determine whether the NDIA's decision was the correct and preferable one, and specifically, whether the supports excluded by the NDIA were reasonable and necessary within the meaning of the *National Disability Insurance Scheme Act 2013* (Cth). A further procedural issue arose concerning Mr Dunn's application for a stay of the NDIA's decision pending the final determination of the review.

Deputy President Mischin P applied the principles established in *G v National Disability Insurance Agency* [2019] FCA 1026, which outline the criteria for determining whether supports are reasonable and necessary. This involves considering whether the support will assist the participant to meet the goals in their plan, whether the support will be most effectively and efficiently provided, and whether the support is most appropriately funded or provided through the NDIS. The Tribunal considered the evidence presented by Mr Dunn regarding his disability-related needs and the potential benefits of the excluded supports.

The Tribunal granted Mr Dunn's application for a stay of the NDIA's decision, ordering that the NDIA's decision be stayed pending the final determination of the review. This meant that the previous NDIS plan, including the supports that had been excluded from the new plan, would remain in effect until the Tribunal had made its final decision on the merits of the review.