Hudson and National Disability Insurance Agency

This matter concerned an application by Mr Hudson to review a decision by the National Disability Insurance Agency (NDIA) regarding funding for his exercise therapy. Mr Hudson sought funding for weekly exercise sessions at a specialist provider, NeuroMoves, which he contended were essential for his ongoing rehabilitation and well-being following a spinal cord injury. The dispute centred on whether these sessions constituted "reasonable and necessary supports" as defined by the National Disability Insurance Scheme Act 2013 (Cth). The Administrative Appeals Tribunal (AAT) was tasked with determining the appropriateness of the NDIA's decision.

The primary legal issue before the Tribunal was whether Mr Hudson's attendance at weekly exercise therapy sessions at NeuroMoves qualified as a reasonable and necessary support under section 34(1) of the National Disability Insurance Scheme Act. This required the Tribunal to assess whether the support would assist Mr Hudson in pursuing his goals, facilitate his social and economic participation, represent value for money, and be effective and beneficial, having regard to current good practice. The Tribunal also considered whether the support was more appropriately funded by other services or by families, though it found these considerations not relevant in this instance.

The Tribunal's reasoning was heavily influenced by the evidence presented by Mr and Mrs Hudson, as well as expert reports. It found that Mr Hudson derived significant functional and mental health benefits from the specialised, targeted approach at NeuroMoves, which included exercising with others who had similar injuries and receiving motivation from staff. The Tribunal noted that local gymnasium alternatives lacked the specialist expertise and equipment necessary to cater to Mr Hudson's specific needs. Crucially, the Tribunal found that Mr Hudson had made substantial functional improvements, such as regaining the ability to walk with aids and perform personal care tasks, which he attributed primarily to his NeuroMoves sessions. The Tribunal was persuaded that these sessions met the criteria for reasonable and necessary supports, aligning with the objects and principles of the NDIS Act.

Consequently, the Tribunal set aside the NDIA's decision of 14 November 2016. In substitution, the Tribunal decided that funding for Mr Hudson to attend a two-hour activity-based exercise session once per week at NeuroMoves for 48 weeks constituted a reasonable and necessary support under the National Disability Insurance Scheme Act.