EXBL and National Disability Insurance Agency

This matter concerned an application by EXBL (the applicant) against the National Disability Insurance Agency (the respondent) before the Administrative Appeals Tribunal. The dispute centred on the applicant's request for funding to be paid to her parents to provide care and support, in addition to existing high-intensity support workers. The applicant argued that the demands of her care had increased significantly with age, exceeding typical parental responsibilities and placing an unsustainable burden on her parents, particularly given one parent's own medical condition and the needs of another disabled child in the family.

The Tribunal was required to determine two primary legal issues: first, whether the applicant's parents should be remunerated by the National Disability Insurance Scheme (NDIS) to provide her care; and second, what level of care constituted reasonable and necessary support for the applicant under the NDIS Act, its associated rules, and operational guidelines. Central to these issues was an assessment of the value for money of the proposed parental care, considering both the benefits achieved and the cost of alternative support options.

The Tribunal considered evidence regarding the applicant's parents' evolving claims for remuneration, noting initial weekly requests that equated to an annual sum of over $324,000, which was considered manifestly excessive compared to the average salary of a disability support worker. While the parents later adjusted their claim, the revised figure of approximately $307,000 annually was still found to be excessive. The Tribunal accepted expert evidence that raised significant reservations about the parents acting as full-time paid carers, highlighting the availability of external support services. Ultimately, the Tribunal varied the applicant's NDIS plan to include specific hours and types of support, accepting the respondent agency's proposals for funding appropriate disability support workers in the absence of alternative, reasonable submissions from the applicant regarding funding levels for parental care.