Kisela and National Disability Insurance Agency

The Administrative Appeals Tribunal reviewed a decision by the National Disability Insurance Agency (NDIA) to confirm a delegate's decision that the applicant did not meet the access criteria for the National Disability Insurance Scheme (NDIS). The applicant sought to become a participant in the NDIS, arguing she met either the disability requirements under section 24 of the NDIS Act 2013 (Cth) or the early intervention requirements under section 25.

The Tribunal was required to determine whether the applicant's physical impairments resulted in a substantially reduced functional capacity to undertake specific activities listed in section 24(1)(c) of the NDIS Act, and whether she was likely to require NDIS support for her lifetime under section 24(1)(e). Additionally, the Tribunal had to consider if early intervention supports were likely to benefit the applicant by reducing future support needs, as per sections 25(1)(b) and (c), and if such supports were not most appropriately funded or provided through other means, pursuant to section 25(3).

The Tribunal considered evidence regarding the applicant's medical history, including childhood cancer treatment that resulted in permanent physical impairments. It also examined a functional capacity assessment report which found no deficits in the applicant's communication or social interaction abilities, noting she was articulate and had a wide network of friends. The applicant lived alone, with her parents residing two hours away and providing limited informal support due to distance and their care responsibilities for another daughter with a disability. The Tribunal noted the applicant's daily routine involved managing her pain medication and preparing for work.

The Tribunal affirmed the NDIA's decision.