FYSK and National Disability Insurance Agency

This matter concerned an application by FYSK (the Applicant) seeking review of a decision made by the National Disability Insurance Agency (the NDIA). The dispute centred on whether various supports proposed for the Applicant were reasonable and necessary in accordance with section 34 of the *National Disability Insurance Scheme Act 2013* (Cth). The review was heard by Senior Member Buxton of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine which of the supports sought by the Applicant qualified as reasonable and necessary supports for the purposes of the National Disability Insurance Scheme, considering the Applicant's disabilities. This involved assessing the evidence presented regarding the necessity and appropriateness of each requested support in enabling the Applicant to achieve their goals.

Senior Member Buxton set aside the NDIA's original decision and substituted it with a new statement of participant supports. The Tribunal approved funding for a range of supports including school-day support, therapy assistance, specialist support coordination, multi-disciplinary meetings, a psychology cognitive functioning assessment, land-based physiotherapy, exercise therapy, home modifications for ramps and a deadlock, and level-one transport funding. The Tribunal was not satisfied that other supports discussed were reasonable and necessary.