Hasson and National Disability Insurance Agency

This matter concerned an application by Mr Hasson for access to the National Disability Insurance Scheme (NDIS) based on a right-hand injury sustained from a gunshot in 2006. The dispute centred on whether Mr Hasson met the disability and early intervention requirements for access to the scheme. The Administrative Appeals Tribunal (AAT) was required to determine these issues.

The legal issues before the Tribunal were whether Mr Hasson's right-hand injury satisfied the disability requirements under section 24 of the National Disability Insurance Scheme Act 2013 (Cth), specifically whether the impairment resulted in a substantially reduced functional capacity in certain specified activities, and whether the provision of early intervention supports was likely to reduce his future needs for disability supports under section 25 of the Act.

The Tribunal found that while Mr Hasson's right-hand injury was permanent and affected his capacity for social and economic participation, it did not result in a substantially reduced functional capacity in the activities listed in section 24(1)(c) of the Act, as defined by the Participant Rules. The Tribunal noted that there were no known treatments that would remedy the impairment and that Mr Hasson was able to maintain paid employment until a subsequent knee injury. Consequently, the Tribunal concluded that Mr Hasson did not meet the access criteria under either section 24 or section 25. The decision under review was affirmed.