Iannella and National Disability Insurance Agency

The Administrative Appeals Tribunal (AAT) considered an application by Mr. Iannella seeking review of a decision by the National Disability Insurance Agency (NDIA) to refuse his access request to the National Disability Insurance Scheme (NDIS). Mr. Iannella’s claimed impairments included a cerebrovascular accident, hearing loss, diplopia and nystagmus of the right eye, and chronic fatigue. The core dispute concerned whether these impairments, individually or in combination, resulted in a substantially reduced functional capacity in any of the six prescribed categories for NDIS access under section 21 of the *National Disability Insurance Scheme Act 2013* (Cth).

The Tribunal was required to determine if Mr. Iannella met the "disability requirements" as defined by section 24 of the Act. This involved assessing whether his impairments led to a substantially reduced functional capacity in any of the specified areas, a determination that necessitates an evaluative judgment. The Tribunal also considered its review function in light of principles set out in the Act, including supporting people with disability to participate in social and economic life, and the need to ensure the financial sustainability of the NDIS.

In reaching its decision, the Tribunal sought to apply the NDIA's Operational Guidelines, acknowledging that while not strictly bound, adherence to such guidelines is appropriate when making evaluative judgments, promoting consistency and rationality in administrative decision-making. The Tribunal considered the principles enshrined in sections 4 and 17A of the Act, which emphasise supporting participation in social and economic life, and balanced this with the principle of ensuring the NDIS's financial sustainability. The Tribunal ultimately affirmed the NDIA's decision, finding that the access criteria under section 21 were not met.