HRZI and National Disability Insurance Agency

The Administrative Appeals Tribunal considered the case of HRZI and the National Disability Insurance Agency (NDIA). The dispute concerned the supports to be included in HRZI's National Disability Insurance Scheme (NDIS) plan, with HRZI seeking a review of the NDIA's decision regarding her approved supports. The Tribunal was tasked with determining the scope of its review powers and the criteria for approving supports under the NDIS.

The legal issues before the Tribunal included whether its jurisdiction to review the NDIA's decision was limited to the specific matters in dispute between the parties, or if it extended to all matters that were before the original reviewer. Furthermore, the Tribunal had to consider whether the "reasonable and necessary supports" funded by the NDIS were confined to those directly related to an applicant's diagnosed impairments that met the NDIS's disability requirements, or if they could encompass broader needs arising from a participant's overall disability. The Tribunal also had to assess the nature and extent of probative material required to satisfy the criteria for approving supports.

The Tribunal reasoned that its jurisdiction to review extended to all matters that were before the original reviewer, not just those specifically contested by the parties. It held that the definition of "participant's impairment" for recovery provisions should not be narrowly construed, and that supports were not limited to those directly addressing a diagnosed impairment. The Tribunal emphasised that fact-finding must be based on probative material and that it was not bound by party concessions. It adopted a practical approach consistent with the statutory objectives of the NDIS, requiring satisfaction on available materials but allowing for discretion to act on partial agreement regarding previously approved supports where appropriate.

The Tribunal affirmed the reconsideration decision dated 31 January 2023.