Gaffiero and National Disability Insurance Agency

This matter concerned an appeal by Ms Gaffiero against a decision by the National Disability Insurance Agency (NDIA) regarding funding for assistive technology under her NDIS plan. Ms Gaffiero, who is profoundly deaf, sought funding for the purchase and installation of a specific hard-wired visual alerting system, known as "Visualert," to notify her of visitors and smoke alarms. The NDIA had determined that this requested support did not meet the "reasonable and necessary support" criteria under section 34(1) of the National Disability Insurance Scheme Act 2013 (Cth). The Administrative Appeals Tribunal (AAT) was required to review this decision.

The primary legal issue before the Tribunal was whether the Visualert system constituted a "reasonable and necessary support" for Ms Gaffiero under the NDIS Act. This involved assessing whether the proposed support represented "value for money" and was appropriate for her needs, considering her existing alerting systems and the availability of alternative solutions. The Tribunal also had to consider a potential conflict of interest raised by the NDIA concerning the occupational therapist who recommended the Visualert system, as her employer and employer's husband had prior involvement with the Visualert system.

The Tribunal reasoned that while Ms Gaffiero required additional technology to ensure her safety and notification of important events, the Visualert system, as proposed, was not the most appropriate or cost-effective solution. It found that the requested support did not meet the "value for money" criterion, particularly when compared to supplementing her existing portable alerting system. The Tribunal acknowledged the occupational therapist's recommendation but gave greater weight to expert evidence suggesting that alternative, less expensive options could adequately meet Ms Gaffiero's needs. The Tribunal also addressed the conflict of interest issue, noting that while it was a relevant consideration, it did not ultimately prevent the Tribunal from assessing the merits of the support requested.

Consequently, the Tribunal set aside the NDIA's decision. It remitted the matter back to the NDIA with a direction to approve a new statement of participant supports for Ms Gaffiero. This new statement was to include funding for the cost of supplementing her current portable alerting system, thereby providing a more appropriate and cost-effective solution to meet her notification needs.