Jones and National Disability Insurance Agency

This matter concerned an application by the Applicant to the Administrative Appeals Tribunal (AAT) challenging a decision by the National Disability Insurance Agency (NDIA) regarding access to the National Disability Insurance Scheme (NDIS). The core of the dispute revolved around whether the Applicant met the early intervention requirements under section 25 of the *National Disability Insurance Scheme Act 2013* (Cth), specifically in relation to psychosocial disability arising from complex Post-Traumatic Stress Disorder (C-PTSD).

The Tribunal was required to determine whether the Applicant's circumstances satisfied the "becoming a participant" rules, particularly Rule 6.4, which addresses known, available, and appropriate treatments. A key question was whether the support sought by the Applicant, aimed at accessing clinical treatment for their C-PTSD, was more appropriately provided through the general health system rather than the NDIS.

Member J Toohey reasoned that it was appropriate for early intervention support to be provided by the NDIS. The Tribunal concluded that such supports would offer the Applicant the best opportunity to access psychosocial recovery services, potentially reducing their future need for NDIS supports. Consequently, the Tribunal set aside the NDIA's decision and remitted the matter for reconsideration, directing that the Applicant be considered to meet the early intervention requirements for NDIS access.