FNFW and National Disability Insurance Agency

This matter concerned an appeal by FNFW (the applicant) against a decision by the National Disability Insurance Agency (the respondent) regarding the applicant's NDIS plan. The dispute centred on the denial of funding for property modifications, specifically the construction of a four-sided boundary fence, and the adequacy of funding for other supports. The case was heard by Katter SM in the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the requested supports, particularly the fencing, were "reasonable and necessary" within the meaning of section 34(1) of the National Disability Insurance Scheme Act 2013 (Cth). This involved determining if the proposed fencing was essential for the applicant's safety and wellbeing, considering their disabilities, and whether the Agency had correctly applied the criteria for assessing reasonable and necessary supports.

The Tribunal considered evidence regarding the applicant's disabilities, including an impaired ability to follow safety instructions and disinhibited cognitive processing, which posed a significant risk of absconding onto a busy road. The Tribunal noted that section 34(1)(e) of the Act does not permit partial funding of a support deemed reasonable and necessary; rather, once a support is found to be reasonable and necessary, it must be fully funded. While the applicant sought funding for a four-sided fence, the provided quotations and measurements only covered approximately two sides of the property. The Tribunal also noted the applicant's submission that the entire fence should be funded, without providing detailed costings for a four-sided fence.

The Tribunal affirmed the Agency's decision, finding that the applicant had not provided sufficient evidence to demonstrate that the requested fencing, as a four-sided boundary, was reasonable and necessary. The Tribunal's reasoning focused on the lack of comprehensive documentation and costings for the full scope of the requested modification.