Jourfian and National Disability Insurance Agency

This matter concerned an application by Mr Jourfian for review of a decision by the National Disability Insurance Agency (NDIA) to refuse his access to the National Disability Insurance Scheme (NDIS). The dispute centred on whether Mr Jourfian met the disability requirements for access to the NDIS, specifically concerning his back injury and depression. The case was heard by Dr L Bygrave, a Member of the Tribunal.

The legal issues before the Tribunal were whether Mr Jourfian had a disability within the meaning of the *National Disability Insurance Scheme Act 2013* (Cth) (the NDIS Act), whether his impairments were permanent, and whether his disability resulted in a substantial reduction in his functional capacity. The Tribunal was also required to consider whether Mr Jourfian required the NDIS for life and whether he met the early intervention requirements.

The Tribunal noted the limited contemporary medical evidence and Mr Jourfian's lack of provision of written statements regarding his current circumstances. It relied primarily on Mr Jourfian's oral evidence and the available medical reports. The Tribunal found that Mr Jourfian's back injury, evidenced by medical imaging and reports, and his depression, diagnosed since 2010, had reduced his physical and mental function, thus satisfying the definition of disability under section 24(1)(a) of the NDIS Act. However, the Tribunal considered the guidance on permanency, which requires that no known, available, and appropriate evidence-based treatments are likely to remedy the impairment. The Tribunal concluded that Mr Jourfian did not meet the access criteria under either section 24 or section 25 of the NDIS Act.

Consequently, the Tribunal affirmed the NDIA's internal review decision made on 17 June 2019, which had refused Mr Jourfian's access to the NDIS.