KGCW and National Disability Insurance Agency

This matter concerned an application by KGCW (the applicant) against the National Disability Insurance Agency (the respondent) before the Administrative Appeals Tribunal. The dispute centred on whether certain transport funding for the applicant's children should be included in the applicant's National Disability Insurance Scheme (NDIS) plan or the children's own plans, and whether the Tribunal had jurisdiction to order reimbursement for past transport costs.

The Tribunal was required to determine the reasonableness and necessity of various supports for the applicant, including transport funding, and to consider the appropriate duration for the applicant's NDIS plan. A further issue was the Tribunal's power to direct the respondent to reimburse or backpay the applicant for transport costs incurred prior to the decision.

The Tribunal found that the supports detailed in paragraph 17 of its decision, which were not in dispute, were reasonable and necessary. It also determined that a 24-month plan duration was appropriate. The Tribunal was satisfied that the supports outlined in "Plan B" were also reasonable and necessary. Consequently, the Tribunal set aside the internal review decisions and remitted the matter for reconsideration.

The Tribunal directed that specific core, capacity building, and capital supports be funded under the NDIS, including Level 3 transport funding of $3,456 per year. The reassessment date for the applicant's plan was set at 24 months from the date these supports were included. All other reasonable and necessary supports from the existing statement of participant supports, excluding specific items, were to be replicated for the same 24-month period.