JLZT and National Disability Insurance Agency

This matter concerned an application by JLZT for access to the National Disability Insurance Scheme (NDIS), which was refused by the National Disability Insurance Agency (NDIA). The Administrative Appeals Tribunal (AAT) was tasked with reviewing the NDIA's decision.

The Tribunal was required to determine whether JLZT met the disability access criteria as defined by section 21 of the *National Disability Insurance Scheme Act 2013* (Cth). This involved assessing whether JLZT had a permanent impairment that resulted in a substantially reduced functional capacity and a lifelong need for support. The Tribunal also considered whether it was limited to the impairments identified by the original decision-maker.

The Tribunal reasoned that the term 'impairment' under the NDIS Act refers to a physical, intellectual, sensory, or psychiatric impairment, and is distinct from the underlying causal condition or the functional effects of that condition. It emphasised that the assessment of impairment is fact-intensive and requires consideration of all relevant evidence. The Tribunal found that it was not bound by the NDIA's original assessment of JLZT's impairments and could consider all impairments presented. Based on the evidence before it, the Tribunal concluded that JLZT met the access criteria.

Consequently, the Tribunal set aside the NDIA's decision to refuse access and substituted a decision that JLZT meets the access criteria under section 20 of the NDIS Act.