Furminger and National Disability Insurance Agency

This matter concerned an appeal by the applicant, Mr Furminger, against a decision by the National Disability Insurance Agency (NDIA) to refuse his application for access to the National Disability Insurance Scheme (NDIS). The dispute centred on whether Mr Furminger met the access criteria set out in the *National Disability Insurance Scheme Act 2013* (Cth). The decision was made by Deputy President McDermott of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Mr Furminger satisfied the disability requirements under section 24 of the NDIS Act, specifically whether his impairments were permanent or likely to be permanent, and whether these impairments resulted in substantially reduced functional capacity. Additionally, the Tribunal considered whether the early intervention requirements were met, as the NDIA submitted there was insufficient evidence that Mr Furminger would likely benefit from early intervention support to reduce his future need for support.

The Tribunal found that Mr Furminger met the age and residence requirements, and that he had impairments attributable to a physical condition (degenerative back condition) and psychiatric conditions (PTSD and depression). The Tribunal was satisfied that the degenerative back condition was permanent, based on medical evidence. However, the Tribunal was unable to make a finding that the mental health conditions were permanent or likely to be permanent, due to a lack of sufficient evidence, particularly regarding the PTSD. While the Tribunal accepted Mr Furminger had substantially reduced functional capacity in certain areas, the lack of certainty regarding the permanence of his mental health conditions meant he did not qualify under section 24. The Tribunal also found insufficient evidence to support the early intervention requirement.

Consequently, the Tribunal affirmed the NDIA's decision to refuse access to the NDIS.