Evans and National Disability Insurance Agency

This matter concerned an application by a hearing-impaired individual against the National Disability Insurance Agency. The dispute centred on whether the applicant met the disability requirements for access to the National Disability Insurance Scheme (NDIS). The decision was made by Mr. A. Maryniak QC, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant's impairments resulted in a substantially reduced functional capacity in one or more relevant activities, specifically communication, and whether she was likely to require NDIS support for her lifetime. This involved interpreting section 24(1)(e) of the National Disability Insurance Scheme Act 2013 (Cth), which requires a person to be likely to require support under the NDIS for their lifetime to meet the disability requirements.

The Tribunal considered the Respondent's submissions regarding section 24(1)(e) and its interpretation in light of the Explanatory Memoranda to the National Disability Insurance Scheme Bill 2012. The Tribunal found that the applicant's hearing loss was permanent and likely degenerative, satisfying the condition that any required support would likely be for her lifetime. Despite a slight improvement in her hearing and advances in hearing aid technology, the Tribunal was satisfied, on balance, that the applicant was likely to require support under the NDIS for her lifetime, even though she had not trialled newer hearing aids available through other services for some time.