Hula and National Disability Insurance Agency

This matter concerned an application by Mr Roman Hula for access to the National Disability Insurance Scheme (NDIS), with the respondent being the National Disability Insurance Agency. The dispute centred on whether Mr Hula met the eligibility requirements for the scheme. The decision was made by Professor R McCallum AO, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether Mr Hula satisfied the criteria for access to the NDIS. Specifically, the Tribunal needed to determine if Mr Hula met the requirements stipulated in section 21(2) of the *National Disability Insurance Scheme Act 2013* (Cth). The Tribunal did not need to consider the alternative criteria under section 21(1) of the Act.

The Tribunal's reasoning was informed by submissions from the respondent's counsel, who indicated that the Agency was of the view that Mr Hula met the criteria under section 21(2). Having reviewed the available material and heard discussions, the Tribunal agreed with this assessment. Consequently, the Tribunal set aside the previous decision and substituted its own decision, finding that Mr Hula fulfilled all the criteria set out in section 21(2) of the Act, thereby qualifying him as a participant in the NDIS.