Ferguson and National Disability Insurance Agency

The Administrative Appeals Tribunal reviewed a decision concerning the applicant's eligibility for the National Disability Insurance Scheme (NDIS). The applicant, represented by their guardian, sought access to the Scheme, but the Chief Executive Officer (CEO) of the NDIS had determined they did not meet the access criteria. The dispute centred on whether the applicant satisfied the age requirements for entry into the NDIS.

The primary legal issue before the Tribunal was to determine whether the applicant met the age requirements for access to the NDIS, as stipulated by sections 21 and 22 of the *National Disability Insurance Scheme Act 2013* (Cth). Specifically, the Tribunal had to consider whether the applicant was under 65 years of age at the time the access request was made, or if they met alternative access criteria based on receiving supports under a prescribed program.

The Tribunal considered the provisions of section 21 of the NDIS Act, which outlines the general access criteria, including age, residence, and disability or early intervention requirements. Section 22 specifies that a person meets the age requirements if they were under 65 when the access request was made. The applicant's guardian contended that the applicant met alternative access criteria because they were receiving supports at the time of the request, suggesting an administrative error had prevented access. However, the Tribunal found that it was bound to apply the legislative criteria prescribed by the NDIS Act and Rules, and that extrinsic material, such as a Bilateral Agreement, could not override these legislative requirements.

Ultimately, the Tribunal was not satisfied that the applicant met the age requirements for access to the NDIS. Consequently, the Tribunal affirmed the original decision under review.